May 17.] THE NEW ZEALAND GAZETTE. 1277

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.

5. The said rights, powers, and privileges may be at any time resumed by the Governor, and the licensee may be required to remove the wharf at his own cost, without payment of any compensation whatever. 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.

6. The licensee shall construct the said wharf immediately alongside the boundary of the said Section No. 51, Whangaroa, in such a manner that such wharf shall not jut out into the stream or in any way cause obstruction to navigation.

7. 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: Provided that no light shall be exhibited until after it has been approved of by the Minister.

8. 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 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.

9. The licensee shall be liable for any injury which may be sustained by any vessel or boat in passing the wharf, or by contact therewith, and which may be occasioned by any default or neglect on his part.

10. 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 wharf for a period of thirty days;
    (3.) Fail to pay the sums specified in clause three of these conditions; or
    (4.) Become bankrupt, or be in any manner brought under the operation of any law in force for the time being relating to bankruptcy,
    then and in any 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 rights and privileges thereby conferred, have been revoked and determined; and upon such revocation the Minister may cause the said wharf to be removed, and may recover the costs incurred by any such removal from the licensee.

11. The construction of the wharf shall be deemed to be an acceptance by the licensee of the conditions of this Order in Council.

J. F. ANDREWS,
Acting Clerk of the Executive Council.

Authorising the Exchange of a Reserve in the Canterbury Land District for other Land.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this eighth day of May, 1906.

Present:

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

WHEREAS the land described in the first column of the Schedule hereto forms the land which was permanently set apart for a site for a public school on the twenty-second day of May, one thousand nine hundred and five: And whereas, in the opinion of the Governor, it is expedient to exchange the said land for that described in the second column of the Schedule hereto:

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 exercise of the powers and authorities vested in him by the third section of “The Public Reserves Act Amendment Act, 1889,” doth hereby declare that the said reserve described in the first column of the Schedule hereto may be exchanged for the land described in the second column of the Schedule hereto.

SCHEDULE.

J. F. ANDREWS,
Acting Clerk of the Executive Council.

Exempting Roads in the Totara Estate from the Provisions of Section 117 of “The Public Works Act, 1905.”

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this eighth day of May, 1906.

Present:

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

WHEREAS by subsection one of section one hundred and seventeen of “The Public Works Act, 1905,” it is, inter alia, provided that the said section shall not apply in any case where the local authority having control of a road or street, by resolution, declares that the provisions thereof shall not apply to any specified road or street, or any specified part thereof, and such resolution is approved by the Governor in Council:

And whereas the Council of the County of Waitaki, the local authority having control of the roads described in the Schedule, did by resolution declare that the provisions of section three of “The Public Works Act, 1903,” now section one hundred and seventeen of “The Public Works Act, 1905,” should not apply to the said roads: And whereas such resolution was in the following terms:—

“That the Waitaki County Council, being the local authority having control of the roads hereinafter mentioned, hereby declare that the provisions of section three of ‘The Public Works Act, 1903,’ shall not apply to the following roads in the Totara Estate, namely: The several roads in allotments one hundred and eighty-two, one hundred and eighty-three, one hundred and eighty-six, one hundred and eighty-seven, one hundred and ninety, and between allotments one hundred and eighty-three, one hundred and eighty-four, one hundred and ninety-three, and one hundred and ninety-two, and one hundred ninety-one, one hundred and eighty-nine, and one hundred and eighty-six, also between one hundred and eighty-six, and one hundred and eighty-nine and one hundred and ninety-nine, also between one hundred and ninety-nine, one hundred and eighty-nine, one hundred and ninety-three, two of seventeen, and two and three of one hundred and ninety-five, and one hundred and ninety, one hundred and ninety-one, one hundred and ninety-two, and one hundred and ninety-four, on the plan of that part of the Totara Estate produced at the meeting of the Council at the time of the passing of this resolution and signed by the Chairman and Clerk to the said Council:”

And whereas it is deemed expedient that such resolution should be approved:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and in exercise of the powers conferred by the above-in-part-recited Act, and act-