3272
THE NEW ZEALAND GAZETTE.
[No. 87

sorts, and the said Department is in respect of the said
town created a body corporate :

And whereas by section five of the said Act it is enacted
that for the purposes of any Act relating to local autho-
rities the Department shall in respect of the said town be
deemed to be a local body, and the provisions of any such
Act shall (subject to such modifications or exceptions as
the Governor by Order in Council directs) extend and
apply as if the said town were a borough :

And whereas it is expedient to modify the provisions of
section six of the Auctioneers Amendment Act, 1910, in
their application to the Town of Rotorua, as there are
no meetings of the local authority in respect of the said
town :

Now, therefore, His Excellency the Governor of the
Dominion of New Zealand, in pursuance and exercise of
the power and authority conferred by the said Rotorua
Town Act, 1907, and acting by and with the advice and
consent of the Executive Council of the said Dominion,
doth hereby modify section six of the Auctioneers Amend-
ment Act, 1910, in its application to the Town of Rotorua,
so as to provide that every auctioneer’s license issued by
the Department shall expire on the thirty-first day of
December next following the date of its issue; and doth
hereby direct that the forms of “License” and “Notice
of Issue of License” prescribed by regulations made under
the Auctioneers Amendment Act, 1910, dated the ninth
day of January, one thousand nine hundred and eleven,
and published in the New Zealand Gazette of the twelfth
day of January then instant, shall also be modified for the
same purpose.

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

Licensing the Hokianga County Council to use and occupy
a Part of the Foreshore at Motukaraka, in Hokianga
Harbour, for a Wharf-site, and prescribing Dues for
the Use of Same.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-
fifth day of October, 1911.

Present :

THE HONOURABLE SIR JAMES CARROLL, K.C.M.G.,
PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board em-
powered to grant the license hereinafter men-
tioned under the Harbours Act, 1908 (hereinafter called
“the said Act”), the Hokianga County Council (herein-
after called “the Council”) has applied to the Governor
in Council for a license under the said Act to occupy a
part of the foreshore and land below low-water mark at
Motukaraka, in Hokianga Harbour, in order to erect and
maintain a wharf and shed thereon; and, in accordance
with the one-hundred-and-fiftieth section of the said Act,
has deposited plans in the office of the Marine Depart-
ment, at Wellington (marked M.D. 3749), showing the
area of foreshore and land below low-water mark intended
to be occupied and the manner in which it is proposed to
erect the said wharf and shed: And whereas it has been
made to appear to the Governor in Council that the pro-
posed 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:
And whereas it is expedient that a license should be
granted and issued to the Council under the said Act for
the purpose last aforesaid, on the terms and conditions
set forth in the First Schedule hereto, and to prescribe
the dues and rates which shall be taken by the Council
for the use of such wharf and shed :

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 object for which the said license is required
by the Council 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 Council to use and occupy that part of the
foreshore and land below low-water mark on which the
said wharf and shed are to be erected, as shown on
sheet 3 of the plans M.D. 3749 so deposited as aforesaid,
for the purpose of erecting and maintaining the said wharf
and shed; such license to be held and enjoyed by the
Council upon and subject to the terms and conditions set
forth in the First Schedule hereto; and doth hereby pre-

scribe that the dues and rates set forth in the Second
Schedule hereto shall be taken by the Council for the
use of the said wharf and shed.

FIRST SCHEDULE.

1. IN these conditions the term “Minister” means the
   Minister of Marine, as defined by the Shipping and Sea-
   men Act, 1908, and includes any officer, person, or autho-
   rity 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 adjacent thereto,
   necessary for the erection of the said wharf and shed, as
   shown on sheet 3 of plans marked M.D. 3749.

3. All persons shall, at all reasonable times, upon pay-
   ment of the proper dues, have free and full liberty to use
   the said wharf and shed, and all rights of ingress and
   egress thereon and therefrom.

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, and out of the said wharf and shed without
   payment.

5. The Council shall maintain the above-mentioned
   wharf and shed in good order and repair; and shall at all
   times exhibit therefrom and maintain at its 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.

6. Any person authorized by the Minister may, at all
   reasonable times, enter upon the said wharf and shed,
   and view the state of repair thereof; and upon such
   Minister leaving at or posting to the last known address
   of the Council in New Zealand a notice in writing of any
   defect or want of repair in such wharf or shed, 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.

7. Nothing herein contained shall authorize the Council
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any
   regulation of the Minister of Customs, or with any pro-
   visions of the Harbours Act, 1908, or its amendments, or
   any regulations made thereunder, and that are now or may
   hereafter be in force.

8. The ballast of all vessels loading at the said wharf
   shall be taken away by the Council and deposited above
   high-water mark, or at such place as may be approved of
   by the Minister, or by any person appointed by the Minis-
   ter for that purpose.

9. The rights, powers, and privileges conferred by or
   under this Order in Council shall continue to be 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 Council shall not assign, charge, or part with any such
   right, power, or privilege without the previous 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 Council three
    calendar months’ previous notice in writing. Any such
    notice shall be sufficient if given by the Minister, and de-
    livered at or posted to the last known address of the
    Council in New Zealand.

11. The Council shall be liable for any injury which the
    said wharf or shed may cause any vessel or boat to sus-
    tain through any default or neglect on the Council’s part.

12. In case the Council shall—
    (1.) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them;
    (2.) Cease to use or occupy the said wharf and shed
    for a period of thirty days,––
    then and in either 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 Council or other proceeding whatsoever; and publi-
    cation in the New Zealand Gazette of an Order in Council
    containing such revocation shall be sufficient notice to the
    Council, and to all persons concerned or interested, that
    this Order in Council, and the license, rights, and pri-
    vileges thereby granted and conferred, have been revoked
    and determined.

13. The erection of the said wharf or shed shall be
    sufficient evidence of the acceptance by the Council of the
    terms and conditions of this Order in Council.

SECOND SCHEDULE.

EVERY person who shall use the said wharf with any
vessel shall pay to the Council, or to its officer or other
person appointed or authorized by it to receive the dues