3262 THE NEW ZEALAND GAZETTE. [No. 109

Validating the Date of the Meeting of the Ratepayers to consider the Proposal to raise the Loan of £1,500 to construct Roads in Pukekawa Special-rating District, applied for by the Raglan County Council.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventeenth day of December, 1906.

Present:

His Excellency the Governor in Council.

WHEREAS the Raglan County Council has applied to the Colonial Treasurer, under the provisions of “The Local Bodies’ Loans Act, 1901” (hereinafter called “the said Act”), for a loan of one thousand five hundred pounds for the Pukekawa Special-rating District, within the Raglan County, for the purpose of forming and metalling portions of the Ohira Road, one thousand three hundred pounds, and Murray’s Road, two hundred pounds: And whereas by section nine of the said Act it is provided that a meeting of ratepayers to consider a proposed loan shall be called by not less than seven clear days’ public notice in some newspaper circulating in the district: And whereas by a public notice published in the Auckland Weekly News on the twenty-eighth day of September, one thousand nine hundred and five, a meeting of ratepayers in accordance with the said section of the said Act to consider the proposal to borrow the said sum of one thousand five hundred pounds was called for the second day of October, one thousand nine hundred and five: And whereas by a public notice published in the said Auckland Weekly News on the said twenty-eighth day of September, one thousand nine hundred and five, a meeting of ratepayers in accordance with the said section of the said Act to consider the proposal to borrow the said sum of one thousand five hundred pounds was called to be held in the Pukekawa School on the seventh day of October, one thousand nine hundred and five, but by an oversight the first-mentioned notice calling a meeting for the second day of October was not withdrawn or cancelled: And whereas the said meeting of ratepayers was duly held at the Pukekawa School on Saturday, the seventh day of October, one thousand nine hundred and five: And whereas the Governor is satisfied that the ratepayers have not been misled by such irregularity or defect in publishing the notice of the said ratepayers’ meeting, and it appears expedient to validate the said notice and meeting of ratepayers:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, and in pursuance and exercise of the powers and authorities contained in the tenth section of “The Local Bodies’ Loans Amendment Act, 1902,” doth hereby validate the said recited notice calling a meeting of ratepayers on the seventh day of October, one thousand nine hundred and five, under the provisions of section nine of the said Act, and also the said meeting of ratepayers held as aforesaid, and doth hereby declare that all proceedings thereunder shall be and be deemed to have been as good and valid and effectual as if the said notice had been duly and regularly given and the said meeting of ratepayers duly and regularly held.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing Messrs. Apirana Tupara Ngata, George Kirk, and Pene Heihi (as Trustees) to occupy a Part of the Foreshore of Port Awanui.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventeenth day of December, 1906.

Present:

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Apirana Tupara Ngata, George Kirk, and Pene Heihi, as trustees for the contributors to the cost of erecting the wharf hereinafter mentioned (hereinafter called “the licensees”), have applied to the Governor in Council for a license under “The Harbours Act Amendment Act, 1883” (hereinafter called “the said Act”), to occupy a part of the foreshore and land below low-water mark at Port Awanui, County of Waiapu, 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,” have deposited a plan (in duplicate) in the office of the Marine Department at Wellington (marked M.D. 3025), showing the place where it is intended to erect such wharf, the area of foreshore and land below low-water mark to be occupied for such purpose, and the manner in which it is proposed to erect the wharf: 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 plan has, prior to the making of this Order in Council, been approved by the Governor in Council, without modification or addition: And whereas it is expedient that a license under the said Act, for the purpose aforesaid, should be granted and issued to the licensees 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 purpose or object for which the said license is required by the licensees 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 licensees to use and occupy that part of the foreshore and land below low-water mark which are particularly shown and delineated on the plan marked M.D. 3025 so deposited as aforesaid, for the purpose of constructing or erecting thereon a wharf, such license to be held and enjoyed by the licensees 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 part of the foreshore and land below low-water mark necessary for the erection of such wharf, which are shown on the plan marked M.D. 3025, 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 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 in advance, such annual payments to date 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, over, and out of the said wharf without payment.

5. The licensees shall complete the erection of the said wharf in accordance with the approved plan marked M.D. 3025, within twelve calendar months from the date of this Order in Council.

6. The licensees shall maintain the above-mentioned wharf in good order and repair.

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 licensees a notice in writing of any defect or want of repair in such wharf, requiring them, within a reasonable time, to be therein prescribed, to make good the same, they shall with all convenient speed cause such defect to be removed or such repairs to be made, as the case may be.

8. Nothing herein contained shall authorise the licensees 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 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 licensees shall not assign, charge, or part with any such right, power, or privilege without the written consent of the Minister first obtained.

10. 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 licensees 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 licensees.

11. The licensees shall be liable for any injury which the said wharf may cause any vessel or boat to sustain through any default or neglect on their part.

12. In case the licensees shall—

(1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;