1952
THE NEW ZEALAND GAZETTE.
[No. 47

hereby revoke the said Order in Council in so far as it affects Tutaekuri 1c No. 11 Block; 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.

Revocation of an Order in Council under Section 296 of the Native Land Act, 1909.

LIVERPOOL, Governor.
ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-seventh day of April, 1914.

Present :

THE HONOURABLE W. H. HERRIES PRESIDING IN COUNCIL.

WHEREAS by section two hundred and ninety-six of the Native Land Act, 1909, it is enacted that any Order in Council made under Part XVI of that Act, or under Part II of the Native Land Settlement Act, 1907, may be at any time revoked, either wholly or as to any part or parts of the land included therein, by the Governor by Order in Council, and thereupon the land so subject to that Part of that Act shall, to the extent of that revocation, cease to be so subject. No land shall by reason of any such order of revocation cease to be subject to that Part of that Act at any time during the continuance of the term of any lease of that land granted by a Maori Land Board under that Part of that Act (including in that term the term of any renewal to which the licensee is entitled) :

And whereas a parcel of land, known as Tutaekuri 1b, has, by an Order in Council dated the eighteenth day of February, one thousand nine hundred and eight, been brought under the provisions of Part XVI of the Native Land Act, 1909 : And whereas application has been made to revoke the said Order in Council in so far as it affects the said parcel of land : And whereas the Tairawhiti District Maori Land Board recommends accordingly : And whereas it is expedient so to do :

Now, therefore, 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 revoke the said Order in Council in so far as it affects Tutaekuri 1b Block ; 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

Licensing the Northern Steamship Company (Limited) to use and occupy a Part of the Foreshore of the Mahurangi River as a Wharf-site.

LIVERPOOL, Governor.
ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-seventh day of April, 1914.

Present :

THE HONOURABLE W. H. HERRIES PRESIDING IN COUNCIL.

WHEREAS by Order in Council dated the fourth day of December, one thousand eight hundred and ninety-nine, and published in the New Zealand Gazette No. 102 of the seventh day of the same month, the Coastal Steamship Company (Limited) was licensed to use and occupy a part of the foreshore and land below low-water mark adjacent thereto on the Mahurangi River for the purpose of erecting a wharf thereon in accordance with plans marked M.D. 2317 and 2318, deposited in the office of the Marine Department, at Wellington : And whereas the said license was, with the consent of the Minister of Marine, transferred to the Northern Steamship Company (Limited) (hereinafter called “the company”) on the twentieth day of January, one thousand nine hundred and ten :

And whereas the said license having expired the company has applied for a renewal under the Harbours Act, 1908, and it is expedient that such renewal should be granted for the term and subject to the 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 company 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 company to use and occupy that part of the foreshore and land below low-water mark which are particularly shown and delineated on the plans marked M.D. 2317 and 2318 so deposited as aforesaid, for the purpose of maintaining thereon a wharf ; such license to be held and enjoyed by the company 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.

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 maintenance of such wharf, which are shown on the plans marked M.D. 2317 and 2318, and deposited in the office of the Marine Department as aforesaid.

3. In consideration of the concessions and privileges granted by this Order in Council, the company shall pay to the Minister the sum of £2 10s., and thereafter an annual sum of £2 in advance, dating from the 1st day of December, 1913, the first of such annual payments to be made on the company 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, over, and out of the said wharf without payment.

5. All persons shall at all reasonable times, and upon payment of the proper dues, have free and full liberty to use the said wharf, and all rights of ingress and egress thereon and therefrom.

6. The company shall maintain the above-mentioned wharf 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 wharf and view the state of repair thereof ; and upon the Minister leaving at or posting to the last known address of the company a notice in writing of any defect or want of repair in such wharf, requiring the company, within a reasonable time, to be therein prescribed, to make good the same, it shall with all convenient speed cause such defect to be removed or such repairs to be made, as the case may be.

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 with any regulation of the Minister of Customs, or with any provisions of the Harbours Act, 1908, or its amendments, or any regulation made thereunder, and that are now or may hereafter be in force.

9. The rights, powers, and privileges conferred by or under this Order in Council shall continue in force for fourteen years from the 4th day of December, 1913, 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 written consent of the Minister first obtained.

10. 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.

11. The company shall be liable for any injury which the said wharf may cause any vessel or boat to sustain through any default or neglect on the part of the company.

12. 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 for a period of thirty days ;
    (3.) Fail to pay the sum specified 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 license, right, power, or privilege thereby conferred,