2202
THE NEW ZEALAND GAZETTE.
[No. 76

same is delineated on the plan marked S.G. 52729, deposited
in the Head Office, Department of Lands and Survey, at
Wellington, and thereon bordered red.

Also all that parcel of land in the Canterbury Land Dis-
trict, containing by admeasurement 5 acres, more or less,
being Section No. 3129 (in red), Block XIX., Lowry Peaks
Survey District. Bounded towards the north-west by Sec-
tion No. 6 of the said Block XIX., 1000 links; towards the
north-east by the Hurunui Road, 500 links; towards the
south-east by the said Section No. 6, 1000 links; and to-
wards the south-west by the said Section No. 6, 500 links:
the easternmost corner of Section No. 3129 (in red) being
situated on the north-eastern boundary of the said Section
No. 6, and distant in a south-easterly direction 1706 links
from the easternmost corner thereof: be all the aforesaid
linkages more or less: as the same is delineated on the plan
marked S.G. 52729, deposited in the Head Office, Depart-
ment of Lands and Survey, at Wellington, and thereon
bordered red.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing Robert Ernest Lester to use and occupy a Part of
the Foreshore of Hokianga River as a Site for a Wharf.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twelfth
day of September, 1904.

Present:

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned under
“ The Harbours Act Amendment Act, 1883 ” (hereinafter
called “the said Act”), Robert Ernest Lester, of Kohukohu,
storekeeper (hereinafter called “the licensee”) has applied
to the Governor in Council for a license under the said Act to
occupy a part of the foreshore at Te Mata, on the Hokianga
River, in the Provincial District of Auckland, in order to
construct a wharf thereon; and, in accordance with the
one-hundred-and-fifty-sixth section of “ The Harbours Act,
1878,” has deposited plans in the office of the Marine De-
partment at Wellington, marked M.D. 2738 (four sheets),
showing the area of foreshore intended to be occupied, and
the manner in which it is proposed to construct the wharf:
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 pur-
pose aforesaid, on the terms and conditions hereinafter ex-
pressed:

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 wharf is to be constructed, as shown on the plans
so deposited as aforesaid, for the purpose of constructing
and maintaining the said wharf 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.

SCHEDULE.

1. In these conditions the term “ Minister ” means the
   Minister having charge of the Marine Department, as de-
   fined 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 wharf on
   the Hokianga River, at Mata, as shown on the plans marked
   M.D. 2738 (sheet 1).

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

4. All persons shall, at all reasonable times, upon pay-
   ment of the proper dues, have free and full liberty to use
   the said wharf, 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 wharf without payment.

6. The licensee shall maintain the above-mentioned
   wharf 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: Pro-
   vided 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 wharf 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 wharf, 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 incon-
   sistent with any law relating to the Customs, or any regula-
   tion of the Commissioner of Trade and Customs, or with
   any provisions of “ The Harbours Act, 1878,” or its amend-
   ments, 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 wharf
   shall be taken away by the licensee and deposited above
   high-water mark, or at such place as may be approved of
   by the Harbourmaster at Hokianga, 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 de-
    livered 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 wharf 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 herein-
    before set forth, or any of them; or
    (2.) Cease to use or occupy the said wharf 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 publi-
    cation 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 de-
    termined.

14. The construction of the wharf 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.

Notice of Intention to change the Purpose of a Reserve in the
Southland Land District.

PLUNKET, Governor.

WHEREAS by “ The Public Reserves Act, 1881,” it is,
amongst other things, enacted that the Governor
may declare his intention to make, change, exchange, or
alter the dedication of any public reserve now or hereafter
vested in His Majesty or the Governor for any of the pur-
poses named in Class II. of the Schedule to the said Act,
whether the same be granted or not; and in the case of any
reserve made under the authority of section one hundred
and forty-four of “ The Land Act, 1877,” if it shall, in the
opinion of the Governor, be expedient to change the purpose
of such reserve or any part thereof from the purpose or
presumed purpose for which it was set apart to any other
purpose, or if it shall, in the opinion of the Governor, be