16
THE NEW ZEALAND GAZETTE.
[No. 1

construct the jetty and fish-cleaning shed: And whereas the Governor in Council has approved of the purpose for which the said foreshore is to be occupied: And whereas it is expedient that a license should be granted and issued to the licensee under the said Act for the purpose aforesaid, on the terms and conditions hereinafter expressed:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority vested in him by the said Act, and of all other powers and authorities enabling him in that behalf, and by and with the advice and consent of the Executive Council of the said colony, doth hereby approve of the object for which the said license is required by the licensee as aforesaid; and, in further pursuance and exercise of the said power and authority, and with the like advice and consent as aforesaid, doth hereby license and permit the licensee to use and occupy that part of the foreshore on which the jetty and fish-cleaning shed are to be constructed, as shown on the plan so deposited as aforesaid, for the purpose of constructing and maintaining the said jetty and fish-cleaning shed thereon; such license to be held and enjoyed by the licensee upon and subject to the terms and conditions set forth in the Schedule hereto.

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SCHEDULE.

1. In these conditions the term “Minister” means the Minister having charge of the Marine Department, as defined by “The Shipping and Seamen’s Act, 1877,” and includes any officer, person, or authority acting by or under the direction of such Minister.

2. The concessions and privileges conferred by this Order in Council shall extend and apply only to the part of the foreshore necessary for the construction of the jetty and fish-cleaning shed on the south side of the Hokianga River, at Rawene, as shown on plan marked M.D. 2676.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensee shall, on being supplied with a copy thereof, pay to the Minister the sum of two pounds ten shillings, and thereafter an annual sum of one pound, payable on the first day of December, dating from the first day of December, one thousand nine hundred and three, the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

4. All persons shall, at all reasonable times, upon payment of the proper dues, have free and full liberty to use the said jetty, and all rights of ingress and egress thereon and therefrom.

5. His Majesty, or the Governor, and all officers in the Government service acting in the execution of their duty, shall at all times have free ingress, passage, and egress into, through, and out of the said jetty without payment.

6. The licensee shall maintain the above-mentioned jetty and fish-cleaning shed in good order and repair, and shall at all times exhibit therefrom and maintain at his own cost suitable and necessary lights for the guidance of vessels: Provided that no light shall be exhibited until after it has been approved of by the Minister.

7. Any person authorised by the Minister may at all reasonable times enter upon the said jetty and fish-cleaning shed and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the licensee in New Zealand a notice in writing of any defect or want of repair in such jetty or fish-cleaning shed, requiring him within a reasonable time to be therein prescribed to repair the same, he shall with all convenient speed cause such defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorise the licensee to do or cause to be done anything repugnant to or inconsistent with any law relating to the Customs, or any regulation of the Commissioner of Trade and Customs, or with any provisions of “The Harbours Act, 1878,” or its amendments, or any regulations made thereunder, and that are now or may hereafter be in force.

9. The ballast of all vessels loading at the said jetty shall be taken away by the licensee and deposited above high-water mark, or at such place as may be approved of by the Minister, or by any person appointed by the Minister for that purpose.

10. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force for fourteen years from the date hereof, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the licensee shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

11. The said rights, powers, and privileges may be at any time resumed by the Governor, without payment of any compensation whatever, on giving to the licensee three calendar months’ previous notice in writing. Any such notice shall

be sufficient if given by the Minister, and delivered at or posted to the last known address of the licensee in New Zealand.

12. The licensee shall be liable for any injury which the said jetty or fish-cleaning shed may cause any vessel or boat to sustain through any default or neglect on his part.

13. In case the licensee shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them; or
    (2.) Cease to use or occupy the said jetty or fish-cleaning shed for a period of thirty days; or
    (3.) Become bankrupt, or be in any manner brought under the operation of any Act for the time being in force relating to bankruptcy; or
    (4.) Fail to pay the sums specified in clause three of these conditions—

then and in either of the said cases this Order in Council, and every right, power, or privilege, may be revoked and determined by the Governor in Council without any notice to the licensee or other proceeding whatsoever; and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to the licensee, and to all persons concerned or interested, that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.

14. The construction of the jetty and fish-cleaning shed shall be sufficient evidence of the acceptance by the licensee of the terms and conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

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Declaring Roads in Waipawa County to be County Roads.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fourth day of January, 1904.

Present:

His Excellency the Governor in Council.

IN pursuance and in exercise of the powers vested in him by “The Public Works Act, 1894,” and of all other powers in anywise enabling him in this behalf, His Excellency the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said colony, doth hereby order and declare that the roads described in the Schedule hereto shall, on and after the date of this Order in Council, be county roads.

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SCHEDULE.

MANGAHE ROAD.

ALL that road in the Hawke’s Bay Land District, commencing at its junction with the Dannevirke–Weber Road, in Block VIII., Tahoraite Survey District, and running in a northerly direction to a point where it crosses the Mangatoro River, and thence in a north-easterly direction to the south-west corner of Section 5, Block I., Mangatoro Survey District, thence in an easterly direction to the southern boundary of Section 13, Block II., Mangatoro Survey District, and terminating at Hamilton’s Creek, a length of 7 miles and 10 chains, or thereabouts; as the same is more particularly delineated on the plan marked R. 5161H, and coloured pink thereon, deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District, and marked A.A. thereon.

TUTUREWA ROAD.

Also, all that road in the Hawke’s Bay Land District, commencing at its junction with the Dannevirke–Weber Main Road, in Block V., Mangatoro Survey District, and running in a south-easterly direction to the point where it crosses Mangatoro River, and thence in a north-easterly direction to its junction with Mangahe Road, at the eastern corner of Section 8, Block I., Mangatoro Survey District, a distance of five miles and three-quarters, or thereabouts; as the same is more particularly delineated on the plan marked R. 5161H, deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District, thereon coloured pink and marked B.B.

MANGAMAIRE ROAD.

Also, all that road in the Wellington Land District, commencing at its junction with the Dannevirke–Weber Road in Block XIV., Mangatoro Survey District, proceeding generally in a north-easterly direction to the south-west boundary of Ngapaeruru Block, at the south-west corner of Section 6, Block X., Mangatoro Survey District, for a length of 3 miles 6 chains, or thereabouts; as the same is more particularly delineated on the plan deposited in the office of