3064
THE NEW ZEALAND GAZETTE.
[No. 90

Empowering Native Appellate Court to hear Appeal under Section 62 of “The Native Land Laws Amendment Act, 1895.”

PLUNKET, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, this fourteenth day of October, 1907.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section sixty-two of “The Native Land Laws Amendment Act, 1895,” it is provided that in any case in which application has been or shall be made to the Chief Judge of the Native Land Court, under section thirty-nine of “The Native Land Court Act, 1894,” in respect of any order of the Court determining the succession to the estate of any Native deceased, the Governor, on being certified by the Chief Judge as in the said section is provided, may, by Order in Council, empower the Native Appellate Court to deal with such application as a valid appeal under “The Native Land Court Act, 1894”: And whereas the Chief Judge has, in respect of the application of Mere Kirita and others, under section thirty-nine aforesaid, certified as by the said section sixty-two is required: And whereas the said application in all other respects complies with the requirements of the last-mentioned section:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the power and authority enabling him in that behalf, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby empower the Native Appellate Court to deal with the said application as an appeal, under the provisions of “The Native Land Court Act, 1894,” from the orders of Court hereinafter specified, that is to say,—

The orders of the Court, dated the twenty-fifth day of June, one thousand nine hundred and six, appointing Te Kereama te Kaaho to succeed to the interests of Kawhena Hupata, otherwise known as Te Kawhena, deceased, in the following blocks, viz.: Poukawa No. 12 and Te Aute No. 4.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing Messrs. Stratford, Goss, and Tennent to use and occupy Part of the Foreshore, &c., in Karamoa River as a Site for a Wharf.

PLUNKET, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, this fourteenth day of October, 1907.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Edmund Stratford, William Goss, and David Tennent, trading under the style or firm of “The Mount Radiant Sawmilling Company,” at Karamoa (hereinafter called “the licensees”), have 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 Karamoa River 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,” have deposited a plan in the office of the Marine Department at Wellington (marked M.D. 3078) showing the place in the said river where it is intended to construct such wharf, and the area of foreshore and land below low-water mark 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 licensees on the terms and conditions hereinafter expressed:

Now, therefore, His Excellency the Governor of the Dominion 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 Dominion, doth hereby approve of the purpose or object for which the said license is required by the licensees 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 licensees to use and occupy that part of the foreshore and land below low-water mark 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 licensees upon and subject to the following terms and conditions, that is 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 in the hereinbefore-mentioned river, shown on the said plan marked M.D. 3078.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensees 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, the first of such annual payments to be made on the licensees 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 ten 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 licensees 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 licensees may be required to remove the wharf at their own cost, without payment of any compensation whatever, on giving to the licensees 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 any one of the licensees in New Zealand.

6. The licensees shall maintain the above-mentioned wharf in good order and repair; and shall at all times exhibit therefrom, and maintain at their 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 wharf and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the licensees, or either of them, a notice in writing of any defect or want of repair in such wharf, requiring them, within a reasonable time, to be therein prescribed, to repair the same, they shall with all convenient speed cause such defect to be removed or such repairs to be made.

8. In case the licensees 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 wharf 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 licensees, or either of them, 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 licensees, 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 wharf to be removed, and may recover the cost incurred by any such removal from the licensees, or either of them.

9. The construction of the wharf shall be deemed to be an acceptance by the licensees of the conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.