1386
THE NEW ZEALAND GAZETTE.
[No. 41

containing 3 roods 9·5 perches of land, being part of Section 12, Parish of Titirangi, and situated between Rosebank Road and Victoria Street; as the said road is more particularly delineated on the plan marked R. 7408A, deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District, and thereon coloured pink.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing the Waitemata County Council to use and occupy a Part of the Foreshore of Deep Creek, Hauraki Gulf.

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this twenty-third day of May, 1906.

Present:
THE HONOURABLE W. HALL-JONES PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, the Waitemata County Council (hereinafter called “the Council”) has 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 of Deek Creek, Hauraki Gulf, 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,” has deposited a plan in the office of the Marine Department at Wellington (marked M.D. 2952), in duplicate, 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 Council 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 Council 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 Council 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. 2952 so deposited as aforesaid, for the purpose of constructing or erecting thereon a wharf, such license to be held and enjoyed by the Council 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. 2952, and deposited in the office of the Marine Department as aforesaid.

3. 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.

4. The Council shall complete the erection of the said wharf in accordance with the approved plan marked M.D. 2952, within twelve calendar months from the date of this Order in Council.

5. The Council shall maintain the above-mentioned wharf in good order and repair.

6. 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 Council 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 make good the same, the Council shall with all convenient speed cause such defect to be removed or such repairs to be made, as the case may be.

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

9. 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 Council 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 Council.

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

11. In case the Council shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them; or
    (2.) Cease to use or occupy the said wharf for the purposes aforesaid,
    then and in either 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 Council 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 Council, 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.

12. The erection of the said wharf shall be sufficient evidence of the acceptance by the Council of the terms and conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Declaring Road known as Central Road, in the Pahiatua County, to be a County Road.

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this twenty-third day of May, 1906.

Present:
THE HONOURABLE W. HALL-JONES PRESIDING IN COUNCIL.

IN pursuance and in exercise of the powers vested in him by “The Public Works Act, 1905,” and of all other powers in anywise enabling him in this behalf, 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, doth hereby order and declare that the road described in the Schedule hereto, known as the Central Road, shall, on and after the date of this Order in Council, be a county road.

SCHEDULE.
CENTRAL ROAD.

ALL that portion of the road in the Wellington Land District, Pahiatua County, known as the Central Road, Hall Block, commencing at its junction with the Ballance-Gorge Road, in the Forest Reserve in Block I, Mangahao Survey District, and proceeding thence generally in a north-westerly direction for about 1 mile 20 chains, thence turns in a south-westerly direction to its junction with Cross Road, Hall Block, near the middle of the western boundary of Section 29, Block I, Mangahao Survey District (an educational reserve), a distance of 1 mile 30 chains, more or less; as the said road is more particularly delineated on the plan marked R. 926, deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District, and marked AB, and tinted red thereon.

ALEX. WILLIS,
Clerk of the Executive Council.