JULY 22.] THE NEW ZEALAND GAZETTE. 1891

7. Any person authorised by the Minister may, at all reasonable times, enter upon the said wharf and store and view the state of repairs thereof; and upon such Minister leaving at or posting to the last known registered office of the company in New Zealand a notice in writing of any defect or want of repair in such wharf or store, requiring it within a reasonable time, to be therein prescribed, to repair the same, it shall with all convenient speed cause such defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorise the company to do or cause to be done anything repugnant to or inconsistent with any law relating to the Customs, or any regulation of the Minister of Customs, or with any provisions of “The Harbours Act, 1908,” or its amendments, or any regulations made thereunder, and that are now or may hereafter be in force.

9. The ballast of all vessels loading at the said wharf shall be taken away by the company and deposited above high-water mark, or at such place as may be approved of by the Minister, or by any person appointed by the Minister for that purpose.

10. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force for fourteen years from the eleventh day of June, 1909, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the company shall not assign, charge, or part with any such right, power, or privilege without the previous 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 company 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 registered office of the company in New Zealand.

12. The company shall be liable for any injury which the said wharf or store may cause any vessel or boat to sustain through any default or neglect on its part.

13. In case the company 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 and store for a period of thirty days;
    (3.) Be in any manner wound up or dissolved; or
    (4.) Fail to pay the sums specified in clause three of these conditions,
    then and in any of the said cases this Order in Council, and every license, right, power, or privilege, may be revoked and determined by the Governor in Council, without any notice to the company 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 company, 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.

SECOND SCHEDULE.
SHIPPING WHARFAGE.

EVERY person who shall use this wharf with any vessel shall pay for the use thereof as follows, that is to say:—
For every vessel a sum of 1d. per ton on the gross tonnage of such vessel per day for each day or part of a day a vessel shall occupy a berth alongside any vessel laying at the said wharf, or shall lay at the said wharf undergoing repairs or fitting out only, or shall lay off the said wharf with a line attached thereto.

GOODS WHARFAGE.

Every person who shall use this wharf for landing or shipping any goods shall, before using the same, pay dues as follows, that is to say:—

1. For all goods landed on this wharf, a rate of 2s. 6d. per ton weight or measurement, at the option of the company.
2. For every head of cattle or horses landed upon or shipped from the said wharf, 2s. 6d. per head.
3. For every yearling or calf so landed upon or shipped from the said wharf, the sum of 1s. per head.
4. For every head of sheep or small cattle so landed upon or shipped from the said wharf, the sum of 6d. per head.
5. If any ship shall use this wharf for the discharge of any goods or cargo after the usual working-hours or on wharf holidays, such ship shall pay to the company for the use of the said wharf a charge at the rate of 1s. per ton on all goods or cargo so discharged from such ship.
   This charge will only be made when, in the opinion of the wharfinger, it is necessary to employ labour to stack or remove cargo in sheds in consequence of the discharge of such goods or cargo as aforesaid.

J. F. ANDREWS,
Clerk of the Executive Council.

B

“The Land Titles Protection Act, 1908.”—Consenting to an Application to the Chief Judge of the Native Land Court in pursuance of Section 39 of “The Native Land Court Act, 1894.”

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this twelfth day of July, 1909.

Present:
THE HONOURABLE JAMES CARROLL PRESIDING IN COUNCIL.

WHEREAS by orders of the Native Land Court, made on the twentieth day of May, one thousand eight hundred and eighty-five, purporting to determine the successors to the shares or interests of Tareha te Moananui, deceased, in the blocks of land respectively known as Arapaoanui, Tataraakina, Tarawera, and Tangoio South, certain Natives were declared to be the successors to the said shares or interests: And whereas by an order of the said Court, made on the thirteenth day of May, one thousand eight hundred and eighty-five, the said Natives were declared to be successors to the share or interest of the said Tareha te Moananui in the block of land known as Pakuratahi:

And whereas it has been alleged that the said orders were made through an error, mistake, or omission within the meaning of section thirty-nine of “The Native Land Court Act, 1894”:

And whereas an application has been made to His Excellency the Governor in Council to consent to the making of an application to the Chief Judge of the Native Land Court, in pursuance of the provisions of section thirty-nine of “The Native Land Court Act, 1894,” to amend the said orders for the purpose of rectifying the said alleged error, mistake, or omission:

And whereas the Governor in Council, after due inquiry made, is satisfied that a prima facie case has been established, and that it would be inexpedient to dispose of it by remedial legislation, or by any other procedure which would obviate litigation:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance of all powers and authorities in that behalf vested in him by “The Land Titles Protection Act, 1908,” or otherwise howsoever, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby consent to the making of an application to the Chief Judge of the Native Land Court, in pursuance of the provisions of the said section thirty-nine of “The Native Land Court Act, 1894,” for the purpose of rectifying the said alleged error, mistake, or omission, and that the said orders of the said Court, and any subsequent orders or instruments of title issued pursuant thereto, may be subject to an order of the Chief Judge under the said section thirty-nine of “The Native Land Court Act, 1894.”

J. F. ANDREWS,
Clerk of the Executive Council.

Notifying Land in Auckland Land District for Sale by Public Auction.

PLUNKET, Governor.

IN pursuance of the powers and authorities conferred upon me by the one-hundred-and-twenty-sixth section of “The Land Act, 1908,” I, William Lee, Baron Plunket, the Governor of the Dominion of New Zealand, do hereby appoint Friday, the seventeenth day of September, one thousand nine hundred and nine, as the time at which the land enumerated in the Schedule hereto shall be sold by public auction; and I do hereby fix the price at which the said land shall be sold as that mentioned in the said Schedule hereto.

SCHEDULE.
AUCKLAND LAND DISTRICT.—TOWN OF TOKATOKA.
Town Land.

Good building-site fronting main road, a little over a quarter of a mile from Tokatoka Wharf. Land of fairly good quality.

As witness the hand of His Excellency the Governor, this fourteenth day of July, one thousand nine hundred and nine.

D. BUDDO,
Acting Minister of Lands.