Aug. 15.] THE NEW ZEALAND GAZETTE. 2505

shown a prima facie case of error, whether of fact or law, in any final order of the Appellate Court, make an order for the rehearing, whether complete or partial, of the appeal or matter in which that order was made; and the Appellate Court shall thereupon rehear the same accordingly, and may affirm, annul, or vary its previous order:

And whereas subsection four of that section further enacts that no such order for rehearing shall be made without the precedent consent of the Governor in Council:

And whereas applications have been made to His Honour the Chief Judge of the Native Land Court to make orders for the rehearing of the appeal in respect of the succession to the personal estate of Rihari Whatarau, deceased: And whereas it is expedient that such orders for rehearing should be made:

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 subsection four of section fifty of the Native Land Act, 1909, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby consent to the orders for rehearing being made. And it is hereby declared that this Order in Council is made under the provisions in that behalf of the Native Land Act, 1909, and shall operate accordingly as a consent of the Governor in Council to the proceedings hereby authorized.

J. F. ANDREWS,
Clerk of the Executive Council

Exempting Edenvale Road, in the Borough of Mount Eden, from the Provisions of Section 117 of the Public Works Act, 1908.

ISLINGTON, Governor.

ORDER IN COUNCIL.

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

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by subsection one of section one hundred and seventeen of the Public Works Act, 1908, it is, inter alia, provided that the said section shall not apply in any case where the local authority having control of any road or street by resolution declares that the provisions thereof shall not apply to any specified road or street, or any specified part thereof, and such resolution is approved by the Governor in Council:

And whereas by subsection two of section one hundred and seventeen of the Public Works Act, 1908, it is provided that such approval may be either absolute or subject to such conditions as the Governor, by Order in Council, thinks fit to impose:

And whereas the Mount Eden Borough Council, being the local authority having control of the street described in the Schedule hereto, did by resolution declare that the provisions of the said section one hundred and seventeen should not apply to the said street:

And whereas it is deemed expedient that such resolution should be approved:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers conferred by the above-in-part-recited Act, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby approve of the said resolution in so far as it affects the said street.

SCHEDULE.

ALL that street in the Borough of Mount Eden, known as Edenvale Road, commencing at its junction with Wynyard Road, and running in an easterly direction generally for a distance of 11 chains, more or less; as the said street is more particularly delineated on the plan marked P.W.D. 32110, deposited in the office of the Minister of Public Works, at Wellington, in the Wellington Provincial District, and thereon coloured red.

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

Notice of Intention to change the Purpose of Portion of a Reserve in Waitahuna West Survey District, Otago Land District.

ISLINGTON, Governor.

WHEREAS by the Public Reserves and Domains Act, 1908, it is, amongst other things, enacted that the Governor may declare his intention to change, exchange, or alter the dedication of any public reserve now or hereafter vested in His Majesty or the Governor for any of the purposes named in Class II of the Second Schedule to the said Act, whether the same be granted or not; and in the case of any reserve made under the authority of section three hundred and twenty-one of the Land Act, 1908, if it shall, in the opinion of the Governor, be expedient to change the purpose of such reserve or any part thereof from the purpose or presumed purpose for which it was set apart to any other purpose, or if it shall, in the opinion of the Governor, be expedient to exchange any of the land comprised in such reserve for other land of equal value, to be dedicated to one or more of the purposes named in the said Class II, the Governor may, by notice gazetted, make such change, exchange, or dedication, as the case may be, and in such notice declare the manner and terms in which the same is intended to be so made:

Now, therefore, I, John Poynder Dickson-Poynder, Baron Islington, the Governor of the Dominion of New Zealand, do hereby, in pursuance and exercise of the powers and authorities conferred upon me by the Public Reserves and Domains Act, 1908, aforesaid, declare my intention to change the specific purpose of the portion of the reserve described in Part II of the Schedule hereto from that named in Part I of the said Schedule to that named in Part III of the said Schedule.

SCHEDULE.

PART I.

Description and Purpose of Original Reserve.

ALL that area in the Otago Land District, containing by admeasurement 3 roods 19 perches, more or less, being Section 28, Block I, Waitahuna West Survey District.

Permanently reserved for a public hall by Warrant in Gazette No. 98, of the 31st December, 1891.

PART II.

Description of Portion of Reserve the Purpose of which it is intended to change.

All that area in the Otago Land District, containing by admeasurement 1 rood, more or less, being that part of Section 28, now known as Section 182, Block I, Waitahuna West Survey District. Bounded towards the north-east by a public road, 218·3 links; towards the south by a public road, 132 links; towards the south-west by part of Section 28 of aforesaid Block I, 181·7 links; and towards the north-west by other part of aforesaid Section 28, 125·1 links: be all the aforesaid linkages more or less: as the same is delineated on the plan marked L. and S. 1911/807, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

PART III.

Intended Purpose.

Site for a public building, to be used for a library and other purposes, for the use and benefit of the inhabitants of Tuapeka Mouth and surrounding district.

As witness the hand of His Excellency the Governor, this third day of August, one thousand nine hundred and twelve.

W. F. MASSEY,
Minister of Lands.

Opening Settlement Lands in Wellington Land District for Selection.

ISLINGTON, Governor.

IN pursuance and exercise of the powers and authorities conferred upon me by the Land Act, 1908, and the Land for Settlements Act, 1908, I, John Poynder Dickson-Poynder, Baron Islington, the Governor of the Dominion of New Zealand, do hereby declare that the settlement lands described in the Schedule hereto shall be open for selection on renewable lease on Wednesday, the twenty-fifth day of September, one thousand nine hundred and twelve, at the rentals mentioned in the said Schedule; and I do also declare that the said lands shall be leased under and subject to the provisions of the said Acts.