Oct. 31.] THE NEW ZEALAND GAZETTE. 3129

men 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 necessary for the extension of the said wharf, as shown on plan marked M.D. 3896.

3. In consideration of the concessions and privileges granted by this Order in Council, the company 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 1st day of April in each year, the first of such annual payments to be made on the company being supplied with a copy of this Order in Council: Provided that for the period from the date hereof to the 31st March, 1913, a proportionate part only of such annual sum of £1 shall be payable.

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

6. The company shall maintain the above-mentioned wharf-extension in good order and repair; and shall at all times exhibit from the wharf and wharf-extension 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 wharf-extension and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the company in New Zealand a notice in writing of any defect or want of repair in such wharf-extension, 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 wharf 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, by the Harbourmaster at Hokianga, 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 until the 3rd day of April, 1916, 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 last known address of the company in New Zealand.

12. The company shall be liable for any injury which the said wharf-extension 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 hereinbefore set forth, or any of them;
    (2.) Cease to use or occupy the said wharf-extension for a period of thirty days;
    (3.) Fail to pay the sums mentioned in clause 3 of these conditions; or
    (4.) Be in any manner wound up or dissolved—
    then and in either of the said cases this Order in Council, and every right, power, or privilege thereby conferred, may be revoked and determined by the Governor in Council without any notice to the company 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 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.

14. The erection of the said wharf-extension shall be sufficient evidence of the acceptance by the company of the terms and conditions of this Order in Council.

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

Consenting to closing a Road in Block VI, Okain’s Survey District, Okain’s Bay and Le Bon’s Bay Road Districts.

ISLINGTON, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-eighth day of October, 1912.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section one hundred and thirty-three (a) of the Public Works Act, 1908, it is enacted that a local authority shall not declare any county road or district road to be stopped, until the consent thereto of the Governor by Order in Council gazetted is obtained:

And whereas the Le Bon’s Bay Road Board has applied for such consent in respect of the road described in the Schedule hereto:

Now, therefore, in pursuance and exercise of the above-in-part-recited Act, and of all other powers in anywise enabling him in this behalf, 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 consent to the Le Bon’s Bay Road Board closing the road described in the Schedule hereto.

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.

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

Consenting to closing Road in Block XIII, Tutamoe Survey District, Hobson County.

ISLINGTON, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-eighth day of October, 1912.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section one hundred and thirty-three (a) of the Public Works Act, 1908, it is enacted that a local authority shall not declare any county road or district road to be stopped until the consent thereto of the Governor by Order in Council gazetted is obtained:

And whereas the Hobson County Council has applied for such consent in respect to the road described in the Schedule hereto:

Now, therefore, in pursuance and exercise of the above-in-part-recited Act, and of all other powers in anywise enabling him in this behalf, 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 consent to the Hobson County Council closing the road described in the Schedule hereto.

SCHEDULE.