Mar. 11.] THE NEW ZEALAND GAZETTE. 841

of the said areas the applicant who has a toheroa canning factory in the district shall be given the preference, and if the owners of two or more of such factories apply for the same area, the applicant who has had his factory in use for the longest time shall be given preference.

3. No person, firm, or company shall be granted a license for more than one of the areas specified in the Second Schedule hereto.

4. The licensee shall have the exclusive right to take toheroa for canning purposes from the area included in his license; provided, however, that any persons who desire to take them for their own consumption shall be allowed to do so without charge.

5. The license shall remain in force for a period of ten years from the date thereof, unless in the meantime such license is cancelled as hereinafter provided, and the licensee shall not dispose of, assign, or charge his interest in the license without the written consent of the Minister first obtained.

6. The licensee shall pay in respect of the license held by him an annual rental of £5 in advance, dating from the date of the license.

7. The licensee shall erect and maintain a properly equipped factory for canning toheroa on or adjacent to the area in respect of which his license is issued, and the factory shall be completed and in full working-order within one year from the date of the issue of the license.

8. The working of the area in respect of which the license is issued shall be under the control of an Inspector of Fisheries, who shall have power to regulate the quantity of toheroa that may be taken, in order to prevent the beds being depleted or injuriously affected.

9. In case the licensee shall—
   (1.) Commit or suffer a breach of these regulations or any of them;
   (2.) Fail to pay the sums specified in clause 6 of these regulations;
   (3.) Take toheroa from any area other than that in respect of which his license is issued, without the previous consent of the Minister; or
   (4.) Work the beds in such a way that they become depleted or injuriously affected,—
   then and in any of the said cases the Minister may cancel the said license on giving written notice to the licensee; and upon such cancellation the licensee shall forthwith remove all buildings and structures from the area in respect of which the license was issued.

SECOND SCHEDULE.

Area No. 1.—All that portion of the beach commencing at a point seven miles north of the North Head of Kaipara Harbour and extending approximately six miles north.

Area No. 2.—Commencing at the northern boundary of Area No. 1 and extending northward to the southern boundary of Glink’s Gap, Camper’s Reserve.

Area No. 3.—Commencing at the northern boundary of Glink’s Gap, Camper’s Reserve, and extending approximately eleven miles to a point about four miles north of Mahuta Gap and abreast of Moetaua; but excluding therefrom one mile of beach at Mahuta Gap, which is to be reserved for persons taking toheroa for sale in the shell to the inhabitants of the district.

Area No. 4.—Commencing at the northern boundary of Area No. 3 and extending north for ten miles.

As the said areas are respectively delineated on plan marked M.D. 4388, and deposited in the office of the Marine Department at Wellington, the boundaries of the areas being marked by white-painted posts bearing the words “Area No. ,” with the figure for the number of the area after the word “No.”

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

Westland County Council declared a Leasing Authority under the Public Bodies’ Leases Act, 1908.

LIVERPOOL, Governor.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this first day of March, 1915.

Present:
THE RIGHT HONOURABLE W. F. MASSEY, P.C., PRESIDING IN COUNCIL.

WHEREAS the Westland County Council is a body of persons having power to lease lands held in trust, reserved, or set apart for public purposes, and has requested the Governor in Council to declare it to be a leasing authority within the meaning of the Public Bodies’ Leases Act, 1908:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in compliance with such request, and in exercise of the powers in this behalf conferred by the above-mentioned Act, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby order and declare that the Westland County Council is a leasing authority within the meaning of the Public Bodies’ Leases Act, 1908.

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

Variation of an Order in Council prohibiting all Private Alienation of certain Native Lands.

LIVERPOOL, Governor.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this eighth day of March, 1915.

Present:
THE HONOURABLE J. ALLEN PRESIDING IN COUNCIL.

WHEREAS by section three hundred and sixty-three of the Native Land Act, 1909, it is enacted that any Order in Council made under that section may at any time be varied or revoked:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the power and authority hereinbefore mentioned, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby revoke the Order in Council as set out in the first column of the Schedule hereto, only in so far as it affects the land mentioned in the second column of the said Schedule.

SCHEDULE.
FIRST COLUMN.

ORDER in Council under section 363 of the Native Land Act, 1909, dated the 6th February, 1915, and published in the New Zealand Gazette dated the 6th February, 1915.

SECOND COLUMN.

Ngamoe No. 2 .. .. .. 210 0 0
" No. 3B No. 1 .. .. .. 242 0 23
" No. 3A .. .. .. 50 2 12
" No. 3B No. 9 .. .. .. 304 2 24
Manutahi 2A No. 1 .. .. .. 0 0 22½
" 2A No. 2 .. .. .. 0 0 22½
" 2A No. 3 .. .. .. 0 0 22½
" 2A No. 4 .. .. .. 0 0 22½
" 2A No. 5 .. .. .. 0 0 22½
" 2A No. 6 .. .. .. 0 0 22½
" 2A No. 7 .. .. .. 0 0 22½
" 2C No. 1 .. .. .. 0 3 20
" 2C No. 2 .. .. .. 2 2 20
" 2C No. 3 .. .. .. 3 2 24

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

Conferring Jurisdiction on Native Land Court in respect of Insufficiently Defined Trust.

LIVERPOOL, Governor.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this eighth day of March, 1915.

Present:
THE HONOURABLE J. ALLEN PRESIDING IN COUNCIL.

WHEREAS by section one hundred and eight, under Part V of the Native Land Act, 1909, it is enacted that the Court shall not exercise jurisdiction in the case of confiscated lands which have been granted or agreed to be granted to Natives by the Crown under any special statutory provision unless an insufficiently defined trust is expressed in the Crown grant or other instrument of title, and in the case of any such insufficiently defined trust the Court may exercise the same jurisdiction under the said Part V as if the persons in whom the land is vested were nominal owners within the meaning thereof:

And whereas the instrument of title granting the confiscated land described in the Schedule hereto has expressed in it an insufficiently defined trust, and it is expedient that the Court be authorized to exercise in regard to such land all the jurisdiction that is permitted to be conferred on it by Part V aforesaid: