Dec. 21.] THE NEW ZEALAND GAZETTE. 2951

has been made to appear that such agreement is sufficient for the purposes intended to be effected thereby:

And whereas by certificate of title, Vol. 75, folio 278, of the Register-book of the Auckland District, bearing date the twenty-fourth day of July, one thousand eight hundred and ninety-five, certain aboriginal natives are declared to be the owners of Lot 63, Parish of Waipa, within which the said land is situated:

And whereas, as required by “The Public Works Act, 1894,” a map has been prepared showing accurately the position and extent of the said land, and such map is hereto attached:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in exercise and pursuance of the powers and authorities conferred by “The Public Works Act, 1894,” and “The Public Works Acts Amendment Act, 1900,” and acting by and with the advice and consent of the Executive Council of the said colony, doth hereby order and declare that the land shown upon the said map and described in the Schedule hereto is hereby taken for the purposes of the said Native school, and shall vest in His Majesty the King, as from the thirteenth day of January, one thousand nine hundred and six.

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SCHEDULE.

TOKIKUKU NATIVE-SCHOOL SITE.

In the Auckland Land District; as the same is more particularly delineated on the plan as described above, deposited in the Education Department, at Wellington, and thereon bordered pink.

ALEX. WILLIS,
Clerk of the Executive Council.

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Licensing the Tokomaru Farmers’ Co-operative Company (Limited) to use and occupy a Part of the Foreshore of Tokomaru Bay as a Site for a Wharf.

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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 “The Harbours Act Amendment Act, 1883” (hereinafter called “the said Act”), it is, among other things, enacted that, where the foreshore has been legally vested in any Harbour Board or other local governing body, it may from time to time, subject to the provisions of the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” license and permit any part of the foreshore to be used or occupied, inter alia, for the erection and use of any landing-place or wharf: And whereas by the said Act it is also provided that every licensee shall, subject to the provisions of the said Act, have power to make and construct any necessary reclamation for the purpose of erecting on the foreshore comprised in his license, or upon any land below low-water mark immediately contiguous to such foreshore which shall be specified in such license, any building, structure, erection, or other works to enable him to obtain the full benefit of such license: And whereas by the said Act it is further provided that every such license shall be in writing under the seal of the Board or body granting the same, and may be for any period not exceeding fourteen years from the date thereof, and may prescribe a sum of money (to be payable either at stated periods or on or before the granting thereof) for the use of the foreshore so granted, and may prescribe any other terms or conditions, general or particular, to be observed or performed by the person to whom the same is granted: And whereas by the said Act it is also enacted that, in any case where there is no Harbour Board, or no Harbour Board empowered to grant any such license as aforesaid, the Governor in Council may in his discretion grant and issue a license for all or any of the purposes hereinbefore mentioned, and all the provisions of the said Act in respect of such licenses shall, mutatis mutandis, apply accordingly: And whereas, there being no Harbour Board empowered to grant the license hereinafter mentioned, the Tokomaru Farmers’ Co-operative Company (Limited), (hereinafter called “the company”), has applied for a license under the said Act to occupy a part of the foreshore and the land below low-water mark immediately contiguous to such foreshore at Tokomaru, in Tokomaru Bay, in order to erect and maintain thereon a wharf; and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” deposited plans (three sheets) in the office of the Marine Department at Wellington (marked M.D. 2908), showing the manner in which it is proposed to construct such wharf, and place in the said harbour where it is intended to erect the same, and the area of foreshore or land below low-water mark intended to be occupied for such purpose: And whereas it has been made to appear to the Governor in Council that the proposed work will not be or tend to the injury of navigation; and the said plans have, prior to the making of this Order in Council, been approved by the Governor in Council: And whereas it is expedient that a license should be granted and issued to the company 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 with the advice and consent of the Executive Council of the said colony, doth hereby approve of the purpose or object for which the said license is required by the company 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 company to use and occupy that part of the foreshore and of the land below low-water mark immediately contiguous thereto which is particularly shown and delineated on the plans so deposited as aforesaid, for the purpose of constructing or erecting thereon a wharf, such license to be held and enjoyed by the company upon and subject to the following terms and conditions, that is to say,—

1. The concessions and privileges conferred by this Order in Council shall extend and apply only to the parts of the foreshore and of the land below low-water mark necessary for the erection of such wharf which are shown on Sheet No. 1 of the plans marked M.D. 2908.

2. 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 one pound dating from the date hereof.

3. That all His Majesty’s subjects shall at all reasonable times, upon payment of the proper dues, have free and full liberty to use the wharf, and of ingress and egress thereon.

4. That 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 wharf without payment.

5. The company shall maintain the above-mentioned wharf in good order and repair; and shall at all times exhibit therefrom, and maintain at its 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.

6. Any person authorised by the Minister may, at all reasonable times, enter upon the said wharf and view the state of repairs thereof; and upon such Minister leaving at or posting to the last known address of the company a notice in writing of any defect or want of repair in such wharf, requiring it, within a reasonable time to be therein prescribed, to repair the same, it shall with all convenient speed cause such defect to be removed or such repairs to be made..

7. That nothing herein contained shall authorise the company 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.

8. The ballast of all vessels loading at the said wharf shall be taken away by the company 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.

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