Aug. 8.] · THE NEW ZEALAND GAZETTE - 2437

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. All persons shall at all reasonable times, upon payment of the proper dues, have free and full liberty to use the said wharves, 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 wharves without payment.

6. The company shall maintain the above-mentioned wharves 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.

7. Any person authorized by the Minister may, at all reasonable times, enter upon the said wharves and view the state of repair thereof; and upon such Minister leaving at or posting to the registered address of the company in New Zealand a notice in writing of any defect or want of repair in such wharves, or any of them, 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.

8. Nothing herein contained shall authorize the company 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 wharves shall be taken away by the company 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 company 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 any compensation whatever, on giving to the company 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 registered address of the company in New Zealand.

12. The company shall be liable for any injury which the said wharves, or any of them, may cause any vessel or boat to sustain through any default or neglect on its part.

13. In case the company shall—
    (1.) Commit or suffer a breach of the conditions here- inbefore set forth, or any of them;
    (2.) Cease to use or occupy the said wharves 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 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 company or other proceeding whatsoever; the 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 license, rights, and privileges thereby granted and conferred, have been revoked and determined.

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

———

Appointment of Pukearuhe Domain Board revoked.

———

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifth day of August, 1912.

Present :

His Excellency the Governor in Council.

WHEREAS by an Order in Council made on the thirtieth day of December, one thousand nine hundred and nine, and published in the Gazette of the thirteenth day of January, one thousand nine hundred and ten, a Domain Board was appointed to have control of the Pukearuhe Domain therein described :

And whereas it appears expedient to revoke the said Order in Council :

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers conferred by the Public Reserves and Domains Act, 1908, and of every other power and authority enabling him in this behalf, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby revoke the aforesaid Order in Council of the thirtieth day of December, one thousand nine hundred and nine.

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

———

Authorizing the Auckland Harbour Board to reclaim certain Land in Auckland Harbour near Customs Street West.

———

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifth day of August, 1912.

Present :

His Excellency the Governor in Council.

WHEREAS it is provided by the one-hundred-and-fifty-eighth section of the Harbours Act, 1908 (hereinafter called “the said Act”), that where a Harbour Board is desirous of executing or constructing upon lands vested in such Board, or upon lands of the Crown, any harbour-works of such a nature that the same could but for this section only be carried out or executed under the authority of a special Act the Board may apply to the Governor in Council for a special order, and if the Governor in Council thinks fit such order may be made and granted :

And whereas the Auckland Harbour Board (hereinafter called “the Board”) is desirous of reclaiming from the sea certain land near Customs Street West, in Auckland Harbour, for the purpose of constructing the reclamation hereinafter described, and the said work is of such a nature as aforesaid, and the Board has applied to the Governor in Council for the issue of a special order :

And whereas the conditions precedent to the granting of a special order prescribed by the said Act have been duly performed and observed, and it appears expedient that such order should be made :

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 :

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 authorize and empower the Board to reclaim certain lands from the sea near Customs Street West, in Auckland Harbour, as shown on a plan marked M.D. 3878; such reclamation to be carried out and constructed in accordance with plan and specifications marked M.D. 3878, subject to the provisions of the said Act.

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

———

Bringing certain Provisions of the Mining Act into Force within certain Parts of New Zealand.

———

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifth day of August, 1912.

Present :

His Excellency the Governor in Council.

WHEREAS by section two of the Mining Amendment Act, 1911, it is provided that the Governor, by Order in Council, may from time to time declare that any of the provisions of the Mining Act, 1908, shall apply to prospecting and mining for and the storage of petroleum and other mineral oils and of natural gas, and also define the districts within which any such Order in Council shall take effect :