2184 THE NEW ZEALAND GAZETTE [No. 62

Licensing John Harrison to Use and Occupy Part of the
Foreshore of Wairoa River, Kaipara Harbour.

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this fourth
day of August, 1908.

Present :
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.
WHEREAS, there being in Hawera hereof empowered
to grant the license hereinafter mentioned, John
Harrison (hereinafter referred to as "the licensee") has
applied to the Governor in Council for a license under the
"Harbours Act, 1908" (hereinafter referred to as "the said Act") to
occupy and use for the purpose of a wharf on the Wairoa
River, in Kaipara Harbour, as shown on plans
deposited in the office of the Marine
Department, at Wellington, as a site for a wharf erected in
accordance with the said Act, and has agreed to do and perform
all conditions under which the Governor in Council may issue
under the said Act, for the purpose aforesaid, on the terms
and conditions hereinafter appearing :

Now, therefore, His Excellency the Governor of the
Dominion of New Zealand, in pursuance and exercise of
all other powers and authorities enabling him in that be-
half, and acting by and with the advice and consent of the
Executive Council of the said Dominion, doth hereby ap-
prove of the said works, and doth grant unto and
by the licensee as aforesaid; and in further pursuance and
exercise of all other powers and authorities enabling him in
that behalf, and acting by and with the advice and consent of the
Executive Council of the said Dominion, doth hereby grant
license to use and occupy that part of the fore-
shore of the Wairoa River, in Kaipara Harbour, as shown
on the plan so deposited as aforesaid, as a site for a wharf
erected in accordance with plans as aforesaid; such work
license to be held and enjoyed by the licensee from and sub-
ject to the following terms and conditions, that is to say:—

1. All plans of electric currents shall be approved by the
   Minister of Marine as defined by "The Shipping and Seamen
   Act, 1908," and, whether or not the licensee is temporarily
   acting by or under the direction of such Minister.

2. The licensee for the aforesaid license of such wharf is
   to construct and forever maintain, so far as the
   foreshore necessary for the erection of such wharf which is
   not to be, to the satisfaction of the Minister of Marine as defined
   in the Office of the Marine Department as aforesaid.

3. The lights, powers, and privileges herein and under
   this Order in Council shall operate at 9:30 on the fifth
   issue until the tenth day of June, one thousand nine
   hundred and nine, during which time it shall be lawful
   powers, and privileges shall be altered, modified, or revoked
   by regulation in this Act; otherwise, without any further
   charge, or part with any such right, power, or privilege
   without the previous written consent of the Minister, will
   obtain.

4. In consideration of the concessions and privileges
   hereby given, the licensee shall, until such time as it shall be
   supplied with a copy thereof, pay to the Minister, or any
   person authorized by him to receive the same, the sum of
   two pounds on the first day of June in each year, and the sum
   of two pounds, payable on the first day of June in each year
   during the continuance of this license; provided always, that
   find of such annual payment to be made in the licensee
   during the continuance of this license is not for one year.

5. All persons shall at all reasonable times, upon payment
   of the lawful rates and dues, without let or hindrance,
   and subject to the provisions of this Order, use the wharf
   and therefrom.

6. The Governor in Council may, from time to time for
   such payments as he shall deem reasonable to be paid to the
   licensee, at his option, resume the use of the wharf, or
   and at all times for railway purposes, or other application as
   may be in such wharf or foreshore.

7. The licensee in the absence, and at times in the
   Government service acting in the execution of their duties,
   preserve all existing private and public rights of access into,
   through, and out of the wharf without payment.

8. The licensee shall, unless in the aforementioned wharf
   or foreshore necessary, keep open at all times free
   therefrom, and maintain in its own suit, suitable and
   adequate lights to the satisfaction of the Minister; and
   no light shall be exhibited until after it has been approved
   by such Minister.

9. Any person authorized by the Minister shall at all
   reasonable times enter upon the said wharf and view the
   state of repair thereof, and ascertain if all plans are kept
   at or posting to the last known address of the licensee a
   notice in writing to repair and to remove from the said
   wharf, requiring the licensee, within a reasonable time, to be

thereby prescribed, to repair the same, the licensee shall
with all convenient speed cause such defect to be removed
or the repairs to be done.

10. Nothing herein contained shall authorize the licensee
    to do or cause to be done anything repugnant to or incon-
    sistent with the laws of New Zealand relating to the revenue
    or any regulation of the Commissioner of Trade and Customs,
    or any regulation made by "The Harbours Act, 1908," or any
    amendments, or any regulations made thereunder, and that
    the licensee shall conform to all such.

11. The amount of all timber loading at the said wharf
    shall be taken away by the licensee and deposited at the
    Department of Customs, or to the Collector of Customs or to
    the Harbourmaster at Kaipara, by the Minister, or by any
    person authorized by the Minister to receive the same.

12. The said rights, powers, and privileges may at any
    time, without an order from the Governor in Council, be re-
    voked and determined on giving to the licensee three
    calendar months' previous notice in writing, or any such
    notice as in the absence of such, can be affixed to, and de-
    livered at or posted to the last known address of the licensee
    as aforesaid.

13. The licensee shall be liable for any injury which any
    said work may cause through any neglect or neglect on his
    part.

14. In case the licensee shall—
    (1) Commit or suffer to breach of the conditions here-
    inbefore set forth, or any of them;
    (2) Cease to use or occupy the said wharf for a period
    of two years;
    (3) Become bankrupt, or in any manner brings
    his or her property or any part thereof for the purpose
    in force relating to bankruptcy,

then and in any of the aforesaid cases, or in Council, and
and every right, power, or privilege may be revoked and
determined by the Governor in Council, without any notice
or any payment or other compensation whatsoever, and
publication in the New Zealand Gazette of an Order in
Council, declaring the same revoked, shall be conclusive proof
to the licensee, and to all persons concerned or interested,
that this Order in Council, and the license hereby
by, have ceased granted to the licensee, have been revoked
and determined.

A. J. ANDREWS,
Acting Clerk of the Executive Council.

Withdrawing Land from the Operation of "The Kauri
Gum Industry Act, 1908."

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this fourth
day of August, 1908.

Present :
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.
WHEREAS by the "Kauri-gum Industry Amendment
Act, 1907" (hereinafter termed "the said Act"), it
is enacted that the Governor may, by Order in Council,
declare that land set apart under "The Kauri-gum Industry
Act, 1898" (hereinafter termed "the principal Act"), as a
"kauri-gum district" or part of such district for the
purpose of gum-digging, shall be no longer subject to the
provisions of the principal Act, and thereupon it shall cease
board as ordinary Crown land; provided that such Order in
Council shall not be made in respect of any Native land
for which the concurrence of the Native owners and
the Governor in Council do the necessary :
And whereas the Ward County in the Auckland Land
District has duly passed a resolution recommending that
the portion of Rangitoto Kauri-gum Reserve described in
the Schedule hereto be exempted from the operation of the
principal Act, and it is expedient to give effect to such re-
commendation :

Now, therefore, William Lee Baron Plunket, the
Governor of the Dominion of New Zealand, in pursuance of
the power and authority conferred upon me by the said
Act, and acting by and with the advice and consent of
the Executive Council of the said Dominion, do hereby order
and declare that the portion of Rangitoto Kauri-gum Re-
serve, described in the Schedule hereto, shall be no longer
subject to the provisions of the principal Act, and shall here-
after be dealt with by the Land Board as ordinary Crown
land.

SCHEDULE.

ALL that area in the Auckland Land District, containing by
admeasurement 75 acres, more or less, being a portion of
the Rangitoto Kauri-gum Reserve, situated in Block XIII,
Kerikeri Survey District. Bounded towards the north by