Oct. 14.] THE NEW ZEALAND GAZETTE. 2579

"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."

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PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twelfth day of October, 1909.

Present:

His Excellency the Governor in Council.

WHEREAS by an order of the Native Land Court made the thirty-first day of May, one thousand eight hundred and eighty-seven, purporting to determine the successor to the share or interest of Otene Kereama, otherwise known as Otini Kereama, in the land known as Aorangi No. 1, Section 3A3, one Rahira Kereama was declared to be the successor to the said share or interest:

And whereas it is alleged that the said order was made through a mistake, error, or omission within the meaning of section thirty-nine of "The Native Land Court Act, 1894":

And whereas 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 order for the purpose of rectifying the said alleged mistake, error, or omission:

And whereas, on inquiry held in pursuance of the provisions of "The Land Titles Protection Act, 1908," the Governor is satisfied that a prima facie case has been established, and that it would be inexpedient to dispose of it by remedial legislation, or any other procedure which would obviate litigation:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in exercise of all powers and authorities in that behalf vested in him by "The Land Titles Protection Act, 1908," and of every other 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 consent to the making of an application to the Chief Judge of the Native Land Court, in accordance with the provisions of section thirty-nine of "The Native Land Court Act, 1894," for the purpose of rectifying the said mistake, error, or omission, and that the said order of the said Court made the thirty-first day of May, one thousand eight hundred and eighty-seven, and any subsequent order founded thereon, may be the subject of an order of the said Chief Judge under the said section thirty-nine of "The Native Land Court Act, 1894."

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

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Excepting Land from the Operation of Section 117 of "The Native Land Court Act, 1894."

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PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twelfth day of October, 1909.

Present:

His Excellency the Governor in Council.

WHEREAS by section four of "The Native Land Laws Amendment Act, 1895," it is enacted that the Governor may, by Order in Council, except from the operation of section one hundred and seventeen of "The Native Land Court Act, 1894" (hereinafter called "the said Act"), for a limited period or otherwise, and either generally or for such purposes and subject to such restrictions as shall be in such Order specified, any land, wheresoever situate, which is for the time being subject to the operation of the said section, or any interest therein or right over the same, or may in like manner make such exception in favour exclusively of any lessee or other person who has been bona fide in occupation of and has made improvements on such land, or has paid money to Native owners for lease or purchase thereof, prior to the passing of the said Act: Provided that no Order in Council under the provisions of this section shall take effect until after the expiration of two months from the date of the publication thereof in the Gazette:

And whereas the Ikaroa District Maori Land Board, by a recommendation made on the thirty-first day of August, one thousand nine hundred and nine, and received on the sixth day of September, one thousand nine hundred and nine, has recommended the Governor to except from the operation of section one hundred and seventeen of "The Native Land Court Act, 1894," for the purpose of alienation by way of sale by public auction, the block or parcel of land particularised and set out in the Schedule hereto:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the power and authority conferred upon him by section four of "The Native Land Laws Amendment Act, 1895," and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby except the said land from the operation of section one hundred and seventeen of "The Native Land Court Act, 1894," for the purpose of alienation by way of sale by public auction at an upset price equal to the amount of the Government valuation of the same.

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SCHEDULE.

ALL that piece or parcel of land, situate in the Maraekakaho Survey District, containing 11 acres 1 rood 28 perches, more or less, known as Waihuahua No. 2A, and comprised in a partition order of the Native Land Court dated the 3rd day of April, 1897, in favour of Renata te Nii.

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

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Authorising Native to mortgage Land under Section 6 of "The Native Land Laws Amendment Act, 1897."

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PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twelfth day of October, 1909.

Present:

His Excellency the Governor in Council.

WHEREAS by section six of "The Native Land Laws Amendment Act, 1897," it is enacted that the Governor may, by Order in Council, authorise any Native owning land in severalty to mortgage such land to any lending Department of the Government, and that in such case the mortgage shall operate in all respects as if the mortgagor were other than a Native, and accordingly none of the restrictions, limitations, or provisions of "The Native Land Court Act, 1894," or any other Act affecting Native land, or lands owned or held by Natives, shall apply, anything in any such Act to the contrary notwithstanding: And whereas Mary Spooner, of Raketa pauma, in the Provincial District of Wellington, in the Dominion of New Zealand, being the owner in severalty of the block or parcel of land mentioned and particularised in the Schedule hereto, has applied to be allowed to mortgage the said block of land: And whereas by certificate bearing date the first day of September, one thousand nine hundred and nine, under the hand of Walter Edward Rawson, Esquire, a Judge of the Native Land Court of New Zealand, and the seal of the said Court, it was certified that the said Mary Spooner possesses, irrespective of the land proposed to be mortgaged, other land sufficient for her maintenance:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers and authorities conferred upon him by the said Act, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby authorise the said Mary Spooner to mortgage the land set out in the Schedule hereto to the Public Trust Office, being a lending Department of the Government as aforesaid.

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SCHEDULE.

ALL that piece or parcel of land, situate in the Provincial District of Wellington, containing 387 acres, more or less, known as Raketa pauma No. 1E No. 2, Section 2A, and being the land comprised in certificate of title, Vol. 151, folio 225, of the Register-book of the Wellington District.

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

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Altering Regulations for Trout and Perch Fishing in Wellington Acclimatisation District.

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PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifth day of October, 1909.

Present:

His Excellency the Governor in Council.

WHEREAS it is enacted under Part II of "The Fisheries Act, 1908," that the Governor may from time to time, by Order in Council gazetted, make regulations