3990
THE NEW ZEALAND GAZETTE.
[No. 99

ject to such conditions with respect to the building-line as the Governor by Order in Council thinks fit to impose :
And whereas on the twelfth day of September, one thousand nine hundred and ten, the New Plymouth Borough Council, the local authority having control of High Street and the portion of Gill Street described in the Schedule hereto, did by resolution declare that the provisions of the said section one hundred and seventeen should not apply to the said street and portion of street :
And whereas it is deemed expedient that such resolution should be approved :
Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and in exercise of the powers conferred by the above-in-part-recited Act, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby approve of the said resolution, in so far as it affects the said street and portion of street described in the Schedule hereto.

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SCHEDULE.

ALL that street in the Borough of New Plymouth, known as High Street, commencing at its junction with Molesworth Street and running in a southerly direction generally along the eastern side of St. Germain Square to its junction with Gill Street, all in the said Borough of New Plymouth.

Also all that portion of Gill Street, in the Borough of New Plymouth, abutting on the southern side of St. Germain Square in the said borough.

As the said street and portion of street are more particularly delineated on the plan marked P.W.D. 27422, deposited in the office of the Minister of Public Works at Wellington, in the Provincial District of Wellington, and thereon coloured red.

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

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Extending and Redefining the Boundaries of the East Coast Rabbit District.—Notice No. 1452.

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ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this second day of November, 1910.

Present :

THE RIGHT HONOURABLE SIR J. G. WARD, K.C.M.G., PRESIDING IN COUNCIL.

WHEREAS by section thirty-eight of the Rabbit Nuisance Act, 1908 (hereinafter termed “the said Act”), it is enacted that the Governor may from time to time, by Order in Council gazetted, alter and redefine the boundaries of any district constituted under the said Act : And whereas the district known as the East Coast Rabbit District has been constituted under the said Act, and it appears expedient to alter the boundaries of the same in manner hereinafter appearing :
Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers and authorities conferred on him by the said Act, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby alter and redefine the boundaries of the said East Coast Rabbit District so constituted as aforesaid, and doth hereby declare that the boundaries of the said district shall be those set forth in the Schedule hereto, and that the name of the said district, and the Board of Trustees acting for such district, shall continue as at present existing, subject to the provisions of the said Act ; and, further, that this Order in Council shall take effect on and after the date of gazetting thereof.

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SCHEDULE.

ALL that area in the Hawke’s Bay and Auckland Land Districts, comprising the Opotiki, Waiapu, Waikohu, and Cook Counties, and parts of the Wairoa, East Taupo, and Whakatane Counties, as now constituted, and bounded as follows : Towards the north by the Bay of Plenty from the mouth of the Rangitaike Stream to the East Cape ; towards the east by the Pacific Ocean and Hawke’s Bay to the mouth of the Mohaka River ; towards the south by the Mohaka River to the Taupo–Napier Road, and by that road to the Rangitaike Stream ; and towards the west by that stream to its mouth.

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

Licensing Messrs. Herbert Rudstone Brown, Orry Richard Hamilton Hope, Edward Harvey, and David Alexander Stuart (as Trustees) to occupy a Part of the Foreshore of Elaine Bay, Pelorus Sound, as a Site for a Wharf.

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ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this second day of November, 1910.

Present :

THE RIGHT HONOURABLE SIR J. G. WARD, K.C.M.G., PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Herbert Rudstone Brown, Orry Richard Hamilton Hope, Edward Harvey, and David Alexander Stuart, as trustees for the inhabitants of the district (hereinafter called “the licensees”), have 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 at Elaine Bay, Pelorus Sound, in the Sounds County, in order to erect and maintain thereon a wharf ; and, in accordance with the one-hundred-and-fiftieth section of the said Act, have deposited plans in the office of the Marine Department, at Wellington (marked M.D. 3589), two sheets, showing the place where it is intended to erect such wharf, the area of the foreshore and land below low-water mark to be occupied for such purpose, and the manner in which it is proposed to erect the wharf : 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, without modification or addition : And whereas it is expedient that a license under the said Act, for the purpose aforesaid, should be granted and issued to the licensees on the terms and conditions hereinafter set forth :
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 approve of the purpose or object for which the said license is required by the licensees as aforesaid ; and, in further pursuance and exercise of the said power and authority, and with the like advice and consent as aforesaid, doth hereby license and permit the licensees 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. 3589 so deposited as aforesaid, for the purpose of constructing or erecting thereon a wharf, such license to be held and enjoyed by the licensees upon and subject to the following terms and conditions, that is to say :—

CONDITIONS.

1. In these conditions the term “Minister” means the Minister of Marine, as defined by the Shipping and Seamen Act, 1908, and includes any officer, person, or authority 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 are shown on the plans marked M.D. 3589, and deposited in the office of the Marine Department as aforesaid.
3. In consideration of the concessions and privileges granted by this Order in Council, the licensees shall pay to the Minister an annual sum of one shilling, payable on demand.
4. 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 payment.
5. The licensees shall complete the erection of the said wharf, in accordance with the approved plans marked M.D. 3589, within eighteen calendar months from the date of this Order in Council.
6. The licensees shall maintain the above-mentioned wharf in good order and repair, and shall at all times exhibit therefrom, and maintain at their own cost, suitable and necessary lights for the guidance of vessels : Provided that no light shall be exhibited until after it has been approved of by the Minister.
7. Any person authorized 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 licensees,