2712
THE NEW ZEALAND GAZETTE.
[No. 71

Incorporating the Melville Downs Land Settlement Association.

ISLINGTON, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, this fifth day of September, 1911.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section seven of the Land Settlement Finance Act, 1909 (hereinafter referred to as “the said Act”), it is provided that, as soon as practicable after the complete execution of any agreement under the said Act, application in the prescribed form shall be made to the Governor, by or on behalf of the purchasers, for an Order in Council confirming the agreement in pursuance of the said Act: And whereas by sections eight and nine of the said Act it is further provided that upon receipt of such application the Minister of Finance shall refer the same, together with the agreement, to the Board of Land Purchase Commissioners for its report thereon, and if the Board reports that the agreement is fit and proper to be so confirmed the Governor may, if he thinks fit, by Order in Council confirm the agreement accordingly: And whereas under the provisions of the said Act an agreement, bearing date the thirteenth day of March, one thousand nine hundred and eleven, has been entered into between Walter Black, vendor, of the one part, and Walter Allen, Robert Allen, William Leslie Hosking, Ernest Herbert Hastings Doyle, and James Gladstone O’Dowd, purchasers, of the other part, for the purchase of the land therein described, and the said purchasers therein agreed to become incorporated as the Melville Downs Land Settlement Association: And whereas application has been made in the prescribed form for the issue of an Order in Council confirming the said agreement: And whereas the said application, together with the said agreement, was referred to the Board of Land Purchase Commissioners for its report, and the Board has reported that no roading is required in respect of the said land, and that the said agreement is fit and proper to be so confirmed:

Now, therefore, in pursuance and exercise of the powers and authorities conferred on him by the said Act, His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby confirm the said agreement dated the thirteenth day of March, one thousand nine hundred and eleven.

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

Licensing the Parker-Lamb Timber Company (Limited) to use and occupy a Part of the Foreshore and Land below Low-water Mark on the Umangawha River, Coromandel County, as a Site for Timber-booms.

ISLINGTON, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, this fifth day of September, 1911.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, the Parker-Lamb Timber Company (Limited), of Auckland (hereinafter called “the company”), has 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 on the Umangawha River, Coromandel County, in order to construct and maintain thereon timber-booms; and, in accordance with the one-hundred-and-fiftieth section of the said Act, has deposited a plan in the office of the Marine Department, at Wellington (marked M.D. 3717), showing the place where it is intended to construct such timber-booms, the area of foreshore and land below low-water mark intended to be occupied for such purpose, and the manner in which it is proposed to carry out the work: 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 plan has, prior to the making of this Order in Council, been approved by the Governor in Council: And whereas it is expedient that a license under the said Act, for the purpose aforesaid, should be granted and issued to the company on the terms and 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 all other powers and authorities enabling him in that behalf, and acting 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 company as aforesaid; and, in further pursuance and exercise of the said power and authority, and by and with the like advice and consent as aforesaid, doth hereby license and permit the company to use and occupy that part of the foreshore and land below low-water mark which is particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of constructing thereon timber-booms in accordance with the said plan, such license to be held and enjoyed by the company upon and subject to the following terms and conditions, that is to say:—

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 construction of the timber-booms, as shown on plan M.D. 3717.

3. In consideration of the concessions and privileges granted by this Order in Council the company shall, on being supplied with a copy thereof, pay to the Minister the sum of two pounds ten shillings, and thereafter an annual sum of one pound in advance, such annual payments to date from the date hereof, the first of such annual payments to be made on the company being supplied with a copy of this Order in Council.

4. The rights, powers, and privileges conferred by this Order in Council shall continue in force for fourteen years, computed from the date of this Order in Council, 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.

5. 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 timber-booms without payment.

6. The said rights, powers, and privileges may be at any time resumed by the Governor, and the company may be required to remove the timber-booms at its own cost, without payment of any compensation whatever, on giving to the company three 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 address of the company in New Zealand.

7. The company shall maintain the above-mentioned timber-booms in good order and repair; and shall at all times exhibit therefrom, and maintain at its own cost, any lights that may be required by the Minister: Provided that no light shall be exhibited until after it has been approved of by the Minister.

8. Any person authorized by the Minister may at all reasonable times enter upon the said timber-booms and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the company a notice in writing of any defect or want of repair in such timber-booms, 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.

9. The company shall be liable for any injury which may be sustained by any vessel or boat in passing the timber-booms, or by contact therewith, and which may be occasioned by any default or neglect on the company’s part.

10. 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 timber-booms for a period of thirty days;

(3.) Fail to pay the sums specified in clause three of these conditions; or

(4.) Be in any manner wound up or dissolved,—

then and in any of the said cases this Order in Council, and every, 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 rights and privileges thereby conferred, have been revoked and determined; and upon such revocation the Minister may cause the said timber-booms to be removed, and may recover the costs incurred by any such removal from the company.

11. The construction of the timber-booms shall be deemed to be an acceptance by the company of the conditions of this Order in Council.

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