2820
THE NEW ZEALAND GAZETTE.
[No. 107

purpose of constructing and maintaining thereon a bathing-house, and which said license shall be held and enjoyed by the licensee upon and subject to the following terms and conditions, that is to say:—

1. In these conditions the term “Minister” means the Minister of Marine, as defined by “The Shipping and Seamen Act, 1903,” 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 parts of the foreshore necessary for the bathing-house, as shown in black lines on the plan marked M.D. 2907, and deposited in the office of the Marine Department, as aforesaid.

3. In consideration of the concessions and privileges granted by this Order in Council the licensee shall pay to the Minister the sum of two pounds ten shillings, and thereafter an annual sum of ten shillings, dating from the date hereof.

4. 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 foreshore without payment.

5. 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.

6. The rights, powers, and privileges conferred by or under this Order in Council shall continue 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 written consent of the Minister first obtained.

7. The said rights, powers, and privileges may at any time be resumed and the license hereby granted revoked by the Governor, and the licensee may be required to remove the bathing-house and any piles or other erections used in connection therewith from the foreshore at his own cost, 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.

8. The licensee shall be liable for any injury which the said bathing-house or other erections may cause any vessel or boat to sustain through any default or neglect on his part.

9. In case the licensee shall—
   (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;
   (2.) Cease to use or occupy the said bathing-house and other erections;
   (3.) Fail to pay the annual sum specified in clause 3 of these conditions;
   (4.) Become bankrupt or be in any manner brought under the operation of any Act for the time being in force relating to bankruptcy,

then and in any of the said cases this Order in Council, and every license, right, power, or privilege thereby conferred, 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.

ALEX. WILLIS,
Clerk of the Executive Council.

Excepting Land from the Operation of Section 117 of “The Native Land Court Act, 1894.”

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-seventh day of November, 1905.

Present:

THE RIGHT HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

WHEREAS by section four of “The Native Land Laws Amendment Act, 1895,” it is enacted that the Governor may, by Order in Council, except from the operation of section one hundred and seventeen of “The Native Land Court Act, 1894” (hereinafter called “the said Act”), for a limited period or otherwise, and either generally or for such purposes and subject to such restrictions as shall be in such Order specified, any land, wheresoever situate, which is for the time being subject to the operation of the said section, or any interest therein or right over the same, or may in like manner make such exception in favour exclusively of any lessee or other person who has been bonâ fide in occupation of and has made improvements on such land, or has paid money to Native owners for lease or purchase thereof, prior to the passing of the said Act: Provided that no Order in Council under the provisions of this section shall take effect until after the expiration of two months from the date of the publication thereof in the Gazette: Provided also that every alienation under the provisions of this section shall be confirmed by the Court in terms of section fifty-three of the said Act:

And whereas the Aotea District Maori Land Council, by a recommendation made on the thirteenth day of June, one thousand nine hundred and five, and received on the thirteenth day of November, one thousand nine hundred and five, has recommended the Governor to except from the operation of section one hundred and seventeen of “The Native Land Court Act, 1894,” for the purpose of alienation by way of sale, all that parcel of land, containing five hundred and forty-five acres, more or less, being the land known as Maungakaretu No. 3b No. 2:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority conferred upon him by section four of “The Native Land Laws Amendment Act, 1895,” and acting by and with the advice and consent of the Executive Council of the said colony, doth hereby except from the operation of section one hundred and seventeen of “The Native Land Court Act, 1894,” for the purpose of alienation by way of sale, the block or parcel of land, situate in the Wellington Land District, containing five hundred and forty-five acres, more or less, being the land known as Maungakaretu No. 3b No. 2, and being the land comprised in partition order of the Native Land Court dated the seventh day of November, one thousand nine hundred, in favour of Rora Potaka.

ALEX. WILLIS,
Clerk of the Executive Council.

Excepting Land from the Operation of Section 117 of “The Native Land Court Act, 1894.”

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-seventh day of November, 1905.

Present:

THE RIGHT HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

WHEREAS by section four of “The Native Land Laws Amendment Act, 1895,” it is enacted that the Governor may, by Order in Council, except from the operation of section one hundred and seventeen of “The Native Land Court Act, 1894” (hereinafter called “the said Act”), for a limited period or otherwise, and either generally or for such purposes and subject to such restrictions as shall be in such Order specified, any land, wheresoever situate, which is for the time being subject to the operation of the said section, or any interest therein or right over the same, or may in like manner make such exception in favour exclusively of any lessee or other person who has been bonâ fide in occupation of and has made improvements on such land, or has paid money to Native owners for lease or purchase thereof, prior to the passing of the said Act: Provided that no Order in Council under the provisions of this section shall take effect until after the expiration of two months from the date of the publication thereof in the Gazette: Provided also that every alienation under the provisions of this section shall be confirmed by the Court in terms of section fifty-three of the said Act:

And whereas the Maniapoto-Tuwharetoa District Maori Land Council, by recommendations made and passed by the said Council on the thirteenth day of May, one thousand nine hundred and five, and received on the twenty-ninth day of June, one thousand nine hundred and five, has recommended the Governor to except from the operation of section one hundred and seventeen of “The Native Land Court Act, 1894,” the blocks or parcels of land particularised and set out in the Schedule hereto, to enable the said lands to be leased for any term not exceeding twenty-one years:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority conferred upon him by section four of “The Native