4150
THE NEW ZEALAND GAZETTE.
[No. 128

Domain Board appointed to have Control of the Pipiroa Domain.

LIVERPOOL, Governor.
ORDER IN COUNCIL.

At the Government House at Wellington, this twenty-third day of November, 1914.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section forty of the Public Reserves and Domains Act, 1908 (hereinafter termed “the said Act”), it is enacted that the Governor may from time to time, with respect to any public domain, appoint such persons (not exceeding nine) as he thinks fit to be a Domain Board having, subject to Part II of the said Act, control of such domain:

And whereas by an Order in Council made on the twenty-first day of September, one thousand nine hundred and fourteen, and published in the New Zealand Gazette of the twenty-fourth day of September, one thousand nine hundred and fourteen, the land described in the Schedule hereto was brought under the operation of and declared to be subject to the provisions of Part II of the said Act:

And whereas it appears expedient to appoint a Domain Board to control the domain:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in exercise of the powers conferred by the said Act, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby appoint

ERNEST CECIL MARSHALL,
JOHN KENNEDY ROSS,
EDGAR WILLIAM HARRIS,
ARTHUR VOWLES,
ALBERT PENZHOLZ,
JOHN GUSTAV KNAP,
JOHN BUCHANAN,
ROBERT DALGETY, and
WILLIAM BUCHANAN

to be the Pipiroa Domain Board, having control of the land described in the Schedule hereto for the purposes of and subject to the provisions of the said Act; and doth hereby appoint Wednesday, the ninth day of December, one thousand nine hundred and fourteen, at half past seven o’clock p.m., as the time when, and the Hall at Pipiroa as the place where, the first meeting of the Board shall be held.

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SCHEDULE.

PIPIROA DOMAIN.

ALL that area in the Auckland Land District, containing 8 acres 0 roods 16 perches, more or less, being Section 1, Block IV, Town of Pipiroa. Bounded towards the north-east by Moehau Street, 900 links; towards the south-east by Hauraki Street, 900 links; towards the south-west by Tainui Street, 900 links; and towards the north-west by Piako Street, 900 links: be all the aforesaid linkages more or less: as the same is delineated on the plan marked L. and S. I/525, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged green. (Auckland Plan 15879, blue.)

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

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Licensing the Akaroa County Council to use and occupy a Part of the Foreshore of Akaroa Harbour as a Site for a Boat-slip.

LIVERPOOL, Governor.
ORDER IN COUNCIL.

At the Government House at Wellington, this sixteenth day of November, 1914.

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”), the Akaroa County Council (hereinafter called “the Council”) has applied to the Governor in Council for a license under the said Act to occupy a part of the foreshore at Akaroa, in Akaroa Harbour, in order to erect and maintain a boat-slip thereon; and, in accordance with the one-hundred-and-fiftieth section of the said Act, has deposited a plan in the office of the Marine Department at Wellington, marked M.D. 4211, showing the area of foreshore intended to be occupied, and the manner in which it is proposed to construct the said boat-slip: 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 under the said Act should be granted and issued to the Council 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 acting 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 Council as aforesaid; and, in further pursuance and exercise of the said power, and with the like advice and consent as aforesaid, doth hereby license and permit the Council to use and occupy that part of the foreshore which is shown and delineated on the plan so deposited as aforesaid, for the purpose of erecting and maintaining the said boat-slip, such license to be held and enjoyed by the Council upon and subject to the terms and conditions set forth in the Schedule hereto.

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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 that part of the foreshore necessary for the erection of the said boat-slip, as shown on the said plan marked M.D. 4211.

3. His Majesty or the Governor in Council, 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, over, and out of the said boat-slip without payment.

4. The Council shall maintain the above-mentioned boat-slip in good order and repair.

5. Any person authorized by the Minister may at all reasonable times enter upon the said boat-slip and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the Council a notice in writing of any defect or want of repair in such boat-slip, 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.

6. Nothing herein contained shall authorize the Council 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.

7. The rights, powers, and privileges conferred by or under this Order in Council shall continue in force for fourteen years from the date hereof, unless in the meantime such rights, powers, or privileges shall be altered, modified, or revoked by competent authority; and the Council shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

8. 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 Council 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 Council in New Zealand.

9. The Council shall be liable for any injury which the said boat-slip may cause any vessel or boat to sustain through any neglect or default on the part of the Council.

10. In case the Council shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them; or
    (2.) Cease to use or occupy the said boat-slip for a period of thirty days,—
    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 Council 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 Council, and to all persons concerned or interested, that this Order in Council, and the license, rights, and