2898
THE NEW ZEALAND GAZETTE.
[No. 94

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.

SCHEDULE.

All that piece or parcel of land, situate in the Puniu Survey District, containing 180 acres, more or less, known as Kake-puku No. 4B, and comprised in certificate of title, Vol. 115, folio 152, of the Register-book of the Auckland District.

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

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

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this third day of November, 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 Maniapoto-Tuwharetoa District Maori Land Board, by a recommendation made on the twenty-eighth day of September, one thousand nine hundred and nine, and received on the twentieth day of October, 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, 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.

SCHEDULE.

All that piece or parcel of land in the Auckland Land District, containing 10 acres 1 rood 24 perches, more or less, known as Kinohaku East No. 5B, Section 3A, and comprised in a partition order of the Native Land Court dated the 27th day of October, 1906, in favour of Tawhaki Takiaho.

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

“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 House, at Wellington, this third day of November, 1909.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by an order of the Native Land Court, made the eighteenth day of January, one thousand eight hundred and eighty-seven, purporting to determine the successor to the share or interest of Tanira, in the block of land known as Section 135, Waitara West, Henry Rolfe was declared to be the successor to the said share or interest:

And whereas it has been alleged that the said order was 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 order 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 order of the said Court, and any subsequent orders or instruments of title issued pursuant thereto, 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.

Licensing Alfred E. Harding to use and occupy a Part of the Foreshore of Kaipara Harbour as a Site for a Wharf.

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this third day of November, 1909.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Alfred E. Harding, of Mangawhare (hereinafter called “the licensee”), in the year one thousand eight hundred and ninety-five, applied to the Governor in Council for a license under “The Harbours Act Amendment Act, 1883,” to occupy a part of the foreshore and the land below low-water mark immediately contiguous to such foreshore of Wairoa River, Kaipara Harbour, in order to erect and maintain thereon a wharf, and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” deposited a plan in the office of the Marine Department at Wellington (marked M.D. 2008) showing the manner in which it was proposed to construct such wharf, the place where it was intended to erect the same, and the area of foreshore and land below low-water mark intended to be occupied for such purpose: And whereas it was made to appear to the Governor in Council that the proposed work would not be or tend to the injury of navigation, and the said plan was approved by the Governor in Council without modification or addition: And whereas, pursuant to such application, a license was by Order in Council dated the twenty-third day of September, one thousand eight hundred and ninety-five, and published in the New Zealand Gazette of the twenty-sixth day of the same month, granted and issued to the licensee under the said Act, for the purpose aforesaid, for the term of fourteen years, computed from the twenty-third day of September, one thousand eight hundred and ninety-five, on the terms and conditions therein expressed:

And whereas the licensee duly constructed the said wharf, and the same is now under the control and management of the licensee:

And whereas the licensee has made application for a fresh license under “The Harbours Act, 1908” (hereinafter called “the said Act”), for a term of seven years, computed from the expiry of the term of the said first-mentioned license, and it is expedient to grant the same for the term and subject to the 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