JULY 19.] THE NEW ZEALAND GAZETTE. 1943

SCHEDULE.

ALL that area in the Borough of Eastbourne, bounded towards the north-east by Miro Street; towards the south-east generally by the main road from the said Miro Street to Nikau Street; thence by Nikau Street to the easternmost corner of Allotment No. 5 on Plan No. 803, deposited in the office of the District Land Registrar at Wellington; thence by the south-eastern boundary lines of Allotments Nos. 5, 6, 7, and 8 on the said Plan No. 803, and the south-eastern boundary-lines of Allotments Nos. 1, 4, 5, 8, 9, 12, 13, of Plan No. 1229, deposited in the office of the District Land Registrar at Wellington, the south-eastern boundary-line of the last-mentioned section produced to the easternmost corner of Allotment No. 18, and the south-eastern boundary-line of the said Allotment No. 18 to Allen Street; thence by the said Allen Street and the production of the north-eastern side of that street to the northern side of the main road; and thence by the said main road to the easternmost corner of Allotment No. 26 of the said Plan No. 1229; thence towards the south-west by the last-mentioned allotment; and towards the north-west by the reserve along the sea-beach: as the same is delineated on the plan marked S.G. 50621, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

Given under the hand of His Excellency the Right Honourable William Lee, Baron Plunket, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Knight Commander of the Royal Victorian Order, Governor and Commander-in-Chief in and over His Majesty's Colony of New Zealand and its Dependencies; and issued under the Seal of the said Colony, at the Government House, at Wellington, this eighteenth day of July, in the year of our Lord one thousand nine hundred and six.

T. Y. DUNCAN,

Minister of Lands.

God save the King!

Licensing the Awitu Road Board to use and occupy Part of the Foreshore of Manukau Harbour for an Extension to Wharf at Orua Bay.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twelfth day of July, 1906.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned under "The Harbours Act Amendment Act, 1883" (hereinafter called "the said Act"), the Awitu Road Board (hereinafter called "the Board") did, in the year one thousand nine hundred and two, apply to the Governor in Council for a license under the said Act to occupy part of the foreshore in Manukau Harbour in order to erect a wharf at Orua Bay; and, in accordance with the one-hundred-and-fifty-sixth section of "The Harbours Act, 1878," deposited a plan in the office of the Marine Department at Wellington (marked M.D. 2548) showing the area of foreshore and the manner in which it was proposed to erect the said wharf: And whereas the Governor in Council did, on the first day of November, one thousand nine hundred and two, approve of the purpose for which the said foreshore was to be occupied, and granted a license for the purpose aforesaid on the terms and conditions therein expressed: And whereas the said Board has applied for authority to make certain alterations in the said wharf at Orua Bay described in the said Plan M.D. No. 2548; and, in accordance with the one-hundred-and-fifty-sixth section of the said Act, has deposited a plan in the office of the said Marine Department at Wellington, marked M.D. 2971 (such plan being supplementary to the above-mentioned Plan No. 2548), showing the additional foreshore and land below low-water mark intended to be so occupied, and the nature and extent of the said alterations intended to be made: And whereas it is expedient that a license should be granted and issued to the Board under the said Act for the purpose last 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 by and with the advice and consent of the Executive Council of the said colony, doth hereby approve of the object for which the said license is required by the Board 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 Board to use and occupy those parts of the foreshore and land below low-water mark on which the said wharf at Orua Bay is to be erected, as shown on the Plan M.D. 2548 as amended by the Plan M.D. 2971 so deposited as aforesaid, for the purpose of erecting and maintaining the said wharf as altered at Orua Bay, such license to be held and enjoyed by the Board 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 of the land below low-water mark necessary for the erection of such wharf, which is shown on the plans marked M.D. 2548 and M.D. 2971 respectively.

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 said wharf, and of ingress and egress thereon and therefrom.

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 said wharf without payment.

5. The Board 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 repair thereof; and upon such Minister leaving at or posting to the last known address of the Board a notice in writing of any defect or want of repair in such wharf, requiring the Board, within a reasonable time, to be therein prescribed, to repair the same, the Board shall with all convenient speed cause such defect to be removed or such repairs to be made.

7. Nothing herein contained shall authorise the Board 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 Board and deposited above high-water mark, or at such place as may be approved of by the Minister, by the Harbourmaster at Manukau, or by any person appointed by the Minister for that purpose.

9. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force until the first day of November, one thousand nine hundred and sixteen, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the Board shall not assign, charge, or part with any such right, power, or privilege without the previous 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 Board six 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 Board.

11. The Board shall appoint all officers necessary for the control and management of the said wharf.

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

13. In case the Board 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 a period of thirty days,

then and in either 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 Board 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 Board, 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.

14. The construction of the said wharf shall be sufficient evidence of the acceptance by the Board of the terms and conditions of this Order in Council.

ALEX. WILLIS,

Clerk of the Executive Council.