2722
THE NEW ZEALAND GAZETTE.
[No. 87

lands owned or held by Natives, shall apply, anything
in any such Act to the contrary notwithstanding: And
whereas Whango te Kooro, of Ruanui, in the Provincial
District of Wellington, in the Colony of New Zealand, being
the owner in severalty of the block or parcel of land
mentioned and particularised in the Schedule hereto, has
applied to be allowed to mortgage the said block of land:
And whereas by certificate bearing date the twentieth day of
July, one thousand nine hundred and six, under the hand of
Robert Noble Jones, Esquire, a Judge of the Native Land
Court of New Zealand, and the seal of the said Court, it
was certified that the said Whango te Kooro possesses,
irrespective of the land proposed to be mortgaged, other land
sufficient for his maintenance:
Now, therefore, His Excellency the Governor of the
Colony of New Zealand, in pursuance and exercise of the
powers and authorities conferred upon him by the said Act,
and acting by and with the advice and consent of the Execu-
tive Council of the said colony, doth hereby authorise the
said Whango te Kooro to mortgage the land set out in the
Schedule hereto to the Government Advances to Settlers
Office, being a lending department of the Government as
aforesaid.

SCHEDULE.

ALL that piece or parcel of land, situate in the Provincial
District of Wellington, containing 670 acres, more or less,
known as Subdivision 5 of Ruanui No 1 Block, and being
the land comprised in partition order of the Native Land
Court dated the 19th day of July, 1894, in favour of
Whango te Kooro.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing Mr. James McLaren 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 fifteenth
day of October, 1906.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, James
McLaren (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 near
the mouth of the Kaihu Creek, 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. 3008) 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 Sea-
   men 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. 3008.

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 ten shillings in advance, such annual pay-
   ments 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 con-
   sent 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 his 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 struc-
   ture 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.

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, he 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 oc-
   casioned by any default or neglect on his part.

9. In case the licensee shall—
   (1.) Commit or suffer a breach of the conditions here-
   inbefore 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 deter-
   mined 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 revoca-
   tion 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.

Licensing the Otahuhu Road Board to use and occupy a
Part of the Foreshore of Tamaki River, and fixing Wharf
Dues.

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this fifteenth
day of October, 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 Otahuhu Road Board (herein-
after called “the Board”) has applied to the Governor for
a license under the said Act to occupy part of the foreshore
and the land below low-water mark immediately contiguous
to such foreshore at Tamaki River, in order to erect and