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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 fourteenth day of October, one thousand nine hundred and eleven, has been entered into between Douglas Lawrell, John Edwin Hewitt, Harold Judge, George Dennison, Frank Thomas Battersby, Alexander S. Williams, and William Dennison, and Frank Alexander Dennison (as tenants in common), as purchasers, of the one part, and Thomas Chute Ellis, vendor, of the other part, for the purchase of the land therein described, and the said purchasers therein agreed to become incorporated as the Merrivale No. 2 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 fourteenth day of October, one thousand nine hundred and eleven.

J. F. ANDREWS,

Clerk of the Executive Council.

Licensing the Whangarei Rowing Club to use and occupy a Part of the Foreshore, Whangarei Harbour, as a Site for a Boat-shed.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this fifth day of March, 1912.

Present :

THE RIGHT HONOURABLE SIR J. G. WARD, BART., PRESIDING 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”), the Whangarei Rowing Club (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 of Whangarei Harbour, in order to construct a boat-shed 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. 3797), in duplicate, showing the area of foreshore intended to be occupied, and the manner in which it is proposed to construct the said boat-shed : 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 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 on which the boat-shed is to be constructed, as shown on the plan so deposited as aforesaid, for the purpose of constructing and maintaining the said boat-shed 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.

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2. The concessions and privileges conferred by this Order in Council shall extend and apply only to the part of the foreshore necessary for the construction of the boat-shed at Whangarei, as shown on the plan marked M.D. 3797.

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 10s. 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. 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 boat-shed without payment.

5. The licensees shall maintain the above-mentioned boat-shed in good order and repair.

6. Any person authorized by the Minister may at all reasonable times enter upon the said boat-shed 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 boat-shed, 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.

7. 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.

8. 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.

9. 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 calendar 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 licensees, or either of them, in New Zealand.

10. The licensees shall be liable for any injury which the said boat-shed may cause any vessel or boat to sustain thorough any default or neglect on their part.

11. In case the licensees 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 boat-shed for a period of thirty days ;

(3.) Be in any manner wound up or dissolved ; or

(4.) Fail to pay the sums specified in clause 3 of these conditions, —

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 licensees 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 licensees, and to all persons concerned or interested, that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.

12. The construction of the boat-shed shall be sufficient evidence of the acceptance by the licensees of the terms and conditions of this Order in Council.

J. F. ANDREWS,

Clerk of the Executive Council.

Native Land taken for Scenic Purposes in Awakino Survey District.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this fifth day of March, 1912.

Present :

THE RIGHT HONOURABLE SIR J. G. WARD, BART., PRESIDING IN COUNCIL.

WHEREAS the land described in the Schedule hereto is required to be taken for a public work, to wit, for scenic purposes in Blocks I and II, Awakino Survey District: