MAR. 7.] THE NEW ZEALAND GAZETTE. 959

SCHEDULE.

In the Canterbury Land District; as the same is more particularly delineated on the plan marked and coloured as above mentioned, and deposited in the office of the 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-eighth day of February, in the year of our Lord one thousand nine hundred and twelve.

R. MCKENZIE,
Minister of Public Works.

GOD SAVE THE KING!

Declaring a Road at Wingatui taken in Connection with the Waitaki-Bluff Railway to be a County Road.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-sixth day of February, 1912.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

IN pursuance and in exercise of the powers vested in him by the Public Works Act, 1908, and of all other powers in anywise enabling him in this behalf, His Excellency the Governor of the Dominion of New Zealand, by and with the advice and consent of the Executive Council of the said Dominion, doth hereby order and declare that a certain road at Wingatui, on the Waitaki-Bluff Railway, situated in the County of Taieri, and described in the Schedule hereto, and which said road has hitherto been a Government road within the meaning of the said Act, shall, on and after the date of this Order in Council, become a county road.

SCHEDULE.

ALL that parcel of land in the Otago Land District, containing 2 roods 8 perches, more or less, being portion of Section No. 1, situated in Block 11, East Taieri Survey District, and being that portion of land at Wingatui taken for a road in connection with the Waitaki-Bluff Railway by a Proclamation dated the 4th day of January, 1912, and published in the New Zealand Gazette No. 2, of the 11th day of January, 1912; as the said parcel of land is more particularly shown coloured blue on plan marked W.R. 19118, deposited in the office of the Minister of Railways, at Wellington.

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

Licensing Messrs. James Drake and John James Abernethy to use and occupy a Part of the Foreshore at Waikouaiti as a Site for a Wharf.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-sixth day of February, 1912.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned under the Harbours Act, 1908 (hereinafter called “the said Act”), James Drake and John James Abernethy (hereinafter called “the licensees”) have 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 adjacent thereto at Waikouaiti, in Waikouaiti County, in order to erect and maintain a wharf thereon; and, in accordance with the one-hundred-and-fiftieth section of the said Act, have deposited a plan in the office of the Marine Department, at Wellington, marked M.D. 3814, 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 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 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 should be granted and issued to the licensees under the said Act, for the purpose aforesaid, 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 conferred upon 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 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 adjacent thereto, on which the wharf is to be erected, as shown on the plan so deposited as aforesaid, for the purpose of erecting and maintaining the said wharf thereon, such license to be held and enjoyed by the licensees upon and subject to the terms and conditions set forth in the Schedule hereto.

SCHEDULE.

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 adjacent thereto, necessary for the construction of the wharf, as shown on plan marked M.D. 3814.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensees shall, on being supplied with a copy thereof, pay to the Minister the sum of £2 10s., and thereafter an annual sum of £1 payable in advance, dating from the date hereof, the first of such annual payments to be made on the licensees being supplied with a copy of this Order in Council.

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

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, and out of the said wharf without payment.

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 in New Zealand 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 repair the same, they shall with all convenient speed cause such defect to be removed or such repairs to be made.

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 hereafter be in force.

9. The ballast of all vessels loading at the said wharf shall be taken away by the licensees 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 Minister for that purpose.

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

11. The said rights, powers, and privileges may be at any time resumed by the Governor, without payment of