1552
THE NEW ZEALAND GAZETTE.
[No. 47

determined by the Governor in Council, without any notice
to the company or other proceeding whatsoever; and pub-
lication in the New Zealand Gazette of an Order in Council
containing such revocation shall be sufficient notice to the
company, 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conferred, have been revoked and determined; and upon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 company.

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

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing the Whakatane County Council to use and occupy
a Part of the Foreshore of Matata River.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventh
day of June, 1909.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, the
Whakatane County Council (hereinafter called “the Coun-
cil”) has applied to the Governor in Council for a license
under “The Harbours Act, 1908” (hereinafter called “the
said Act”), to occupy a part of the foreshore and land below
low-water mark of the Matata River, Whakatane County,
in order to erect and maintain thereon a wharf; and, in
accordance with the one-hundred-and-fiftieth section of the
said Act, has deposited plans (two sheets), in duplicate,
in the office of the Marine Department at Wellington
(marked M.D. 3302) showing the place where it is in-
tended 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 work will not be or
tend to the injury of navigation; and the said plans have,
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 Council 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 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 Dominion, doth hereby ap-
prove of the purpose or object for which the said license is
required by the Council as aforesaid; and, in further pur-
suance 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 plans marked M.D.
3302 so deposited as aforesaid, for the purpose of construct-
ing 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 Sea-
   men Act, 1908,” and includes any officer, person, or autho-
   rity 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 is shown on the plans marked
   M.D. 3302, and deposited in the office of the Marine Depart-
   ment as aforesaid.

3. In consideration of the concessions and privileges
   granted by this Order in Council, the Council shall, on de-
   mand, pay to the Minister an annual sum of one shilling in
   advance, to date from the date hereof.

4. All persons shall at all reasonable times, upon payment
   of the proper dues, have free and full liberty to use the said
   wharf, and all rights of ingress and egress thereon and there-
   from.

5. 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 pay-
   ment.

6. The Council shall complete the erection of the said
   wharf in accordance with the approved plans marked M.D.
   3302, within twelve calendar months from the date of this
   Order in Council.

7. The Council shall maintain the above-mentioned wharf
   in good order and repair.

8. 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,
   requiring the Council, 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.

9. 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 Minister of Customs, or with any provisions of
   “The Harbours Act, 1908,” or any regulations made there-
   under, and that are now or may hereafter be in force.

10. 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.

11. 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.

12. 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 the Council’s part.

13. 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 for a period of thirty days,

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.

14. 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.

Redefining Waikaremoana Riding, in the County of
Wairoa.

PLUNKET, Governor.

WHEREAS by an Order in Council dated the twentieth
day of April, one thousand nine hundred and nine,
made under “The Counties Act, 1908,” the boundaries of the
Counties of Cook and Wairoa were altered, and a certain
area thereby added to the County of Wairoa:

And whereas it is expedient to include the area so added to
the County of Wairoa in the Waikaremoana Riding of the
said county:

Now, therefore, I, William Lee, Baron Plunket, Governor
of the Dominion of New Zealand, in pursuance of the powers
vested in me by “The Counties Act, 1908,” do hereby de-
clare that the area added to the County of Wairoa shall be
included in the Waikaremoana Riding, and that the bound-
aries of the said riding shall be those described in the Schedule
hereto.

SCHEDULE.

WAIKAREMOANA RIDING.

ALL that area in the Wairoa County bounded towards the
north-west by Whakatane County, from its south-western
corner to the south-western boundary of Cook County;
thence towards the north-east generally by Cook County to
the Mangapoike River; thence towards the south-east gene-
rally by that river to its confluence with the Makaretu
Stream; thence by that stream to the road at the north-
western corner of Tutuotekaha No. 2 Block, by that road to