2428
THE NEW ZEALAND GAZETTE.
[No. 63

Minister of Public Works, at Wellington, in the Wellington Provincial District.

Given under the hand of His Excellency the Right Honourable John Poynder Dickson-Poynder, Baron Islington, Governor and Commander-in-Chief in and over His Majesty’s Dominion of New Zealand and its Dependencies; and issued under the Seal of the said Dominion, at the Government House, at Wellington, this twenty-ninth day of July, in the year of our Lord one thousand nine hundred and eleven.

R. McKENZIE,
Minister of Public Works.

GOD SAVE THE KING!

Proclaiming a Government Road in Blocks III, Urutawa, and II, Motu Survey Districts, as closed.

(l.s.) ISLINGTON, Governor.

A PROCLAMATION.

IN pursuance and in exercise of the powers conferred by section one hundred and thirty-three of the Public Works Act, 1908, I, John Poynder Dickson-Poynder, Baron Islington, the Governor of the Dominion of New Zealand, do hereby proclaim as closed the portion of Government road described in the Schedule hereto.

SCHEDULE.

The road mentioned in list hereunder:—

In the Hawke’s Bay Land District; as the same is more particularly delineated on the plan marked P.W.D. 29885, deposited in the office of the Minister of Public Works, at Wellington, in the Provincial District of Wellington, and thereon coloured as above mentioned.

Given under the hand of His Excellency the Right Honourable John Poynder Dickson-Poynder, Baron Islington, Governor and Commander-in-Chief in and over His Majesty’s Dominion of New Zealand and its Dependencies; and issued under the Seal of the said Dominion, at the Government House, at Wellington, this twenty-ninth day of July, in the year of our Lord one thousand nine hundred and eleven.

R. McKENZIE,
Minister of Public Works.

GOD SAVE THE KING!

Licensing Messrs. Francis Arthur Rich and Stanley Jeffreys to use and occupy a Part of the Foreshore of Tukituki Bay, Coromandel, as a Site for a Wharf.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-fifth day of July, 1911.

Present:

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Francis Arthur Rich and Stanley Jeffreys, trading under the style or title of “Rich and Jeffreys (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 Tukituki Bay, in the Coromandel 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. 3678 (four 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 sheets 1 and 2 of the plans marked M.D. 3678 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 sheets 1 and 2 on the plans marked M.D. 3678, 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, on being supplied with a copy of this Order in Council, pay to the Minister the sum of two pounds ten shillings, and thereafter an annual sum of one pound, payable in advance, dating from the date hereof, the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

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. 3678, 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, or either of them, a notice in writing of any defect or want of repair in such wharf, requiring them, within a reasonable time, to be therein prescribed, to make good the same, they shall with all convenient speed cause such defect to be removed or such repairs to be made, as the case may be.

8. Nothing herein contained shall authorize the licensees 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 thereafter be in force.

9. 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 licensees shall not assign, charge, or part with any such right, power, or privilege without the written consent of the Minister first obtained.

10. 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 licensees three