1434
THE NEW ZEALAND GAZETTE.
[No. 43

Validating the Public Notification of the Special Order in connection with a Loan of £1,000 applied for by the Collingwood County Council.

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this first day of June, 1906.

Present:
His Excellency the Governor in Council.

WHEREAS the Collingwood County Council lately proposed to raise a loan of one thousand pounds, under “The Local Bodies’ Loans Act, 1901,” for the purpose of constructing a road and a drain extending from Mangarakau to the Puturau River in the said county: And whereas the public notification of the special order making the special rate was published in the Golden Bay Argus newspaper for four weeks, but was not published once in each week of the four weeks immediately preceding the date of the subsequent meeting at which the special order was confirmed, as required by section eleven of “The Counties Act Amendment Act, 1903”: And whereas it appears that the ratepayers have not been misled by such irregularity, and it is expedient to validate the said notifications:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers conferred by section ten of “The Local Bodies’ Loans Amendment Act, 1902,” and acting by and with the consent of the Executive Council of the said colony, doth hereby declare that such public notification of the special order shall be deemed and taken to be as valid as though the said notification had been properly published, and that the proceedings relative to the said loan shall not be called in question by reason only of the irregularity aforesaid.

G. C. SCHMIDT,
Acting Clerk of the Executive Council.

Validating the Public Notification of a Special Order in connection with a Loan of £600 applied for by the Hangaroa Road Board.

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this first day of June, 1906.

Present:
His Excellency the Governor in Council.

WHEREAS the Hangaroa Road Board lately proposed to raise a loan of six hundred pounds for the purpose of the formation of the Gisborne-Hangaroa Road:

And whereas the public notification of the special order making the special rate was published in the Poverty Bay Herald newspaper for four weeks, but not in the four weeks immediately preceding the date of the subsequent meeting at which the special order was confirmed, as required by section two of “The Road Boards Acts Amendment Act, 1905”:

And whereas it appears that the ratepayers have not been misled by such irregularity, and it is expedient to validate the said notification:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers conferred by section ten of “The Local Bodies’ Loans Amendment Act, 1902,” and acting by and with the consent of the Executive Council of the said colony, doth hereby declare that such public notification of the special order shall be deemed and taken to be as valid as though the said notification had been properly published, and that the proceedings relative to the said loan shall not be called in question by reason only of the irregularity aforesaid.

G. C. SCHMIDT,
Acting Clerk of the Executive Council.

Licensing the Mangonui County Council to use and occupy a Part of the Foreshore of the Awanui River.

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this first day of June, 1906.

Present:
His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, the Mangonui 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 the Awanui River, in order to erect and maintain thereon a goods-shed, and to make certain additions and alterations to a wharf on the said river shown on plans marked M.D. 976 and 977, which was authorised by the Governor in Council on the twenty-sixth day of January, one thousand eight hundred and eighty-five; and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” has deposited plans in the office of the Marine Department at Wellington, marked M.D. 2957 (two sheets), showing the place where it is intended to erect such shed and make the additions and alterations to the said 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 carry out such works: And whereas it has been made to appear to the Governor in Council that the proposed works 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, 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 plans marked M.D. 2957 (two sheets) so deposited as aforesaid, for the purpose of constructing or erecting thereon a good-shed and making additions and alterations to the said 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 shed and for making the additions and alterations to the wharf, which are shown on the plans marked M.D. 2957 (two sheets), 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 works without payment.

4. The Council shall complete the erection of the said works in accordance with the approved plans marked M.D. 2957 (two sheets), within twelve calendar months from the date of this Order in Council.

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

6. Any person authorised by the Minister may at all reasonable times enter upon the said wharf and shed 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 and shed, or either of them, 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