3222
THE NEW ZEALAND GAZETTE.
[No. 109

Domain Board appointed to have Control of the Niho Domain.

LIVERPOOL, Governor.
ORDER IN COUNCIL.
At the Government House at Wellington, this eleventh day of September, 1915.

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 the said Act, control of such domain: And whereas by an Order in Council made on the first day of December, one thousand nine hundred and fourteen, and published in the New Zealand Gazette of the third day of December, one thousand nine hundred and fourteen, the domain 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 said 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

ROBERT MAURICE KELLY,
ENEAS McFAUL,
NEIL JOSEPH BENEDICT DOUGHERTY,
CLAUDE ALFRED MANNING, and
ROBERT GORDON CARRIE

to be the Niho Domain Board, having the control of the land described in the said Schedule hereto for the purposes of and subject to the provisions of the said Act; and doth hereby appoint Thursday, the seventh day of October, one thousand nine hundred and fifteen, at two o’clock p.m., as the time when, and the Nihoniho Public Hall as the place where, the first meeting of the Board shall be held.

SCHEDULE.
NIHO DOMAIN.

ALL that area in the Taranaki Land District, containing by admeasurement 19 acres 3 roods 37 perches, more or less, being Section 31, Block II, Ohura Survey District. Bounded towards the north generally by a road along the Ohura River, 1177 links; towards the east generally by Section 28, Block II, Ohura Survey District, and the abutment of a road, 458·3 links and 1760·3 links; towards the south by Ohura South 2B No. 2 Block, 959·8 links; and towards the west by the road along the Ohura River, 2202 links: be all the aforesaid linkages more or less. As the same is delineated on the plan marked L. and S. 1912/574, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

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

Licensing William Nepean McIntosh to use and occupy a Part of the Foreshore and Land below Low-water Mark of Orapiu Bay, Waiheke Harbour, as a Site for a Wharf.

LIVERPOOL, Governor.
ORDER IN COUNCIL.
At the Government House at Wellington, this eleventh day of September, 1915.

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”), William Nepean McIntosh, of Onehunga (hereinafter called “the licensee”), has applied to the Governor in Council for a license under the said Act to use and occupy a part of the foreshore and land below low-water mark at Orapiu Bay, Waiheke Island, in order to erect and maintain a wharf 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. 4496), showing the area of foreshore and land below low-water mark intended to be occupied, and the manner in which it is proposed to erect the said wharf: 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 should be granted and issued to the licensees under the said Act, for the purposes 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 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 approve of the purpose or object for which the said license is required by the licensee 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 licensee to use and occupy that part of the foreshore and land below low-water mark on which the said wharf is to be erected, as shown on the plan M.D. 4496 so deposited as aforesaid, for the purpose of erecting and maintaining the said wharf; such license to be held and enjoyed by the licensee upon and subject to the conditions and terms 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 erection of the said wharf, as shown on the plan marked M.D. 4496.

3. In consideration of the concessions and privileges granted by this Order in Council the licensee shall, on being supplied with a copy thereof, pay to the Minister the sum of £2 10s., and thereafter an annual sum of £2 10s. in advance, dating from the date hereof, the first of such annual payment to be made on the licensee 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 wharf, and all rights of ingress and egress thereon and therefrom.

5. His Majesty or the Governor, and all persons 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.

6. The licensee shall maintain the above-mentioned wharf in good order and repair, and shall at all times exhibit therefrom, and maintain at his own cost, suitable and necessary lights for the guidance of vessels; provided that no light shall be exhibited until after it has been approved 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 such Minister leaving at or posting to the last known address of the licensee in New Zealand a notice in writing of any defect or want of repair in such wharf, requiring him, within a reasonable time, to be therein prescribed, to repair the wharf, he shall with all reasonable speed cause such defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorize the licensee 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 licensee 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 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 licensee shall not assign, charge, or part with any such right, power, or privilege without the 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 licensee three calendar months’ previous notice in writing. Such notice shall be sufficient if given by the Minister and delivered at or posted to the last known address of the licensee in New Zealand.