Feb. 14.] THE NEW ZEALAND GAZETTE. 567

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 Little Shag Creek, Toka-
toka, in Kaipara Harbour, 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 duplicate) in the office of the Marine
Department at Wellington, marked M.D. 2918, 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
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
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 pur-
pose 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. 2918 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. 2918, and deposited in the office of the Marine Depart-
   ment 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 works,
   in accordance with the approved plan marked M.D. 2918,
   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, requir-
   ing 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 incon-
   sistent with any law relating to the Customs, or any regula-
   tion 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 herein-
    before set forth, or any of them ; or
    (2.) Cease to use or occupy the said wharf for the pur-
    poses 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 what-
    soever ; and publication in the New Zealand Gazette of an
    Order in Council containing such revocation shall be suffi-
    cient 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.

Authorising the Exchange of a Reserve in Marlborough Land
District for other Land.

PLUNKET, Governor.

By his Deputy,
JAMES PRENDERGAST.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventh
day of February, 1907.

Present :

His Excellency the Governor in Council.

WHEREAS the land mentioned in the first column of
the Schedule hereto was permanently reserved for
lighthouse purposes: And whereas, in the opinion of the
Governor, it is expedient to exchange the said land for that
described in the second column of the Schedule hereto :

Now, therefore, His Excellency the Governor of the Colony
of New Zealand, acting by and with the advice and con-
sent of the Executive Council of the said colony, and in
exercise of the powers and authorities vested in him by the
fourth section of “ The Public Reserves Act, 1881,” and the
third section of “ The Public Reserves Act Amendment Act,
1889,” doth hereby declare that the said reserve described
in the first column of the Schedule hereto may be exchanged
for the land described in the second column of the Schedule
hereto.

SCHEDULE.

| Description of Reserve
authorised to be exchanged. | Description of Land to be
obtained in Exchange therefor. |
|---|---|
| All that area in the Marl-
borough Land District, con-
taining by admeasurement
112 acres, more or less, being
Section No. 100, Block IV,
Cape Campbell Survey Dis-
trict. Bounded towards the
north by 1 - chain reserve
along the shores of Clifford
Bay ; towards the east by Sec-
tion No. 101, 3310 links ; to-
wards the south by Sections
Nos. 103, 18, and 121, 8100
links ; and towards the west
by a public road, 200 links : be
all the aforesaid linkages more
or less : as the same is deli-
neated on the plan marked
S.G. 56389/3, deposited in the
Head Office, Department of
Lands, at Wellington, and
thereon bordered red. | All that area in the Marl-
borough Land District, con-
taining by admeasurement
45 acres, more or less, being
part of Section No. 17, Block
IV, Cape Campbell Survey
District. Bounded towards
the north by Section No. 284
of the said block, 2276·3 links ;
towards the east by road re-
serve 1 chain wide along
the shores of the Pacific
Ocean ; towards the south
by other part of the said
Section No. 17, 491·5, 227·6,
885, 394·5, 254·2, and 317·7
links ; and towards the west
by other part of the said Sec-
tion No. 17, 2042 links : be
all the aforesaid linkages more
or less : as the same is deli-
neated on the plan marked
S.G. 56389, deposited in the
Head Office, Department of
Lands, at Wellington, and
thereon bordered red. |

ALEX. WILLIS,
Clerk of the Executive Council.