2512
THE NEW ZEALAND GAZETTE.
[No. 82

Licensing Mrs. Ellenor Nield to use and occupy Part of
the Foreshore of the Wairoa River, Kaipara Harbour,
as a Site for a Wharf.

—

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-fourth day of September, 1906.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Ellenor Nield (hereinafter called “the licensee”) 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 at Manginahae, on the Wairoa River, Kaipara Harbour, in order to erect and maintain a wharf thereon; and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” has deposited a plan (in duplicate) in the office of the Marine Department at Wellington, marked M.D. 3003, showing the place on the said river where it is intended to construct such wharf, and the area of foreshore intended to be occupied for such purpose: 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: And whereas it is expedient that a license under the said Act for the purpose aforesaid should be granted and issued to the licensee 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 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 licensee 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 licensee to use and occupy that part of the foreshore which is particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of constructing or erecting thereon a wharf, such license to be held and enjoyed by the licensee 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 on the hereinbefore-mentioned river shown on the said plan marked M.D. 3003.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensee shall, on being supplied with a copy thereof, pay to the Minister the sum of two pounds ten shillings, and thereafter an annual sum of one pound in advance, such annual payments to date from the date hereof, and the first payment to be made on the licensee being supplied with a copy of this Order in Council.

4. The rights, powers, and privileges conferred by this Order in Council shall continue in force for fourteen years, computed from the date of this Order in Council, unless in the meantime such rights, powers, and privileges shall be 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 structure at her own cost, without payment of any compensation whatever, on giving to the licensee three 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 licensee in New Zealand.

6. The licensee shall maintain the above-mentioned structure in good order and repair, and shall at all times exhibit therefrom, and maintain at her 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.

7. Any person authorised by the Minister may, at all reasonable times, enter upon the said structure 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 structure, requiring the licensee, within a reasonable time, to be therein prescribed, to repair the same, she shall with all convenient speed cause such defect to be removed or such repairs to be made.

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

9. 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 structure 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 structure to be removed, and may recover the cost incurred by any such removal from the licensee.

10. The construction of the said structure shall be deemed to be an acceptance by the licensee of the conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

—

Terms and Conditions of Lease of Village-homestead Allotments in Mangaweka Village Settlement, Wellington Land District.

—

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-fourth day of September, 1906.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by the one-hundred-and-sixty-ninth section of “The Land Act, 1892,” it is enacted that the Governor in Council may fix the terms and conditions upon which the lands in any village settlement shall be disposed of, subject as in the said section is provided: And whereas by a Proclamation made under the said Act on the twenty-eighth day of August, one thousand nine hundred and six, and published in the New Zealand Gazette on the thirtieth day of August, one thousand nine hundred and six, the lands described in the First Schedule hereto have been set apart under the said Act and declared open for lease as part of Mangaweka Village Settlement, and it is expedient to fix the terms and conditions upon which the said lands shall be disposed of:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers and authorities conferred by the said Act, and by and with the advice and consent of the Executive Council of the said colony, doth hereby fix the terms and conditions on which the lands mentioned in the First Schedule hereto shall be disposed of by way of lease in perpetuity, and which said terms and conditions are set forth in the Second Schedule hereto.

—

FIRST SCHEDULE.

WELLINGTON LAND DISTRICT.—RANGITIKEI COUNTY.—ADDITION TO MANGAWEKA VILLAGE SETTLEMENT.

Village-homestead Allotments.

• Weighted with £78 10s., valuation for improvements. † Weighted with £30, valuation for improvements.