Oct. 12.] THE NEW ZEALAND GAZETTE. 3223

by and with the advice and consent of the Executive Council of the said Dominion, doth hereby order and declare that the portion of road described in the Schedule hereto shall, on and after the date of this Order in Council, become a county road.

SCHEDULE.

ALL that portion of Opato Road, in the Auckland Land District, Opotiki County, commencing at a point on the boundary between the Opotiki and Waikohu Counties in Block II, Motu West Survey District, and continuing thence generally in a westerly direction into Block I, Motu West Survey District, and terminating at a point on the boundary between Sections 3 and 5, Block I, Motu West Survey District; being a total length of forty-nine chains, more or less. As the said portion of road is more particularly delineated on the plan marked P.W.D. 41085, deposited in the office of the Minister of Public Works at Wellington, in the Wellington Provincial District, and thereon coloured red.

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

Declaring Portion of Road in Block VI, Kawakawa Survey District, to be a Government Road.

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House at Wellington, this ninth day of October, 1916.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

IN pursuance and exercise of the powers vested in him by the Public Works Act, 1908, 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 order and declare that the portion of road described in the Schedule hereto shall, on and after the date of this Order in Council, become a Government road.

SCHEDULE.

APPROXIMATE areas of the pieces of road declared a Government road:—

A. R. P. Adjoining or passing through
0 1 30 O.L.C. 4 and Section 5 (C.L.).
2 3 4

Situated in Block VI, Kawakawa Survey District (S.O. 19154).

In the Auckland Land District; as the same are more particularly delineated on the plan marked P.W.D. 41057, deposited in the office of the Minister of Public Works at Wellington, in the Wellington Provincial District, and thereon coloured green.

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

Licensing Catherine McCallum to use and occupy a Part of the Foreshore and Land below Low-water Mark of Karamuramu Island, Hauraki Gulf, as a Site for a Wharf.

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House at Wellington, this ninth day of October, 1916.

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”), Catherine McCallum, of Auckland (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 of Karamuramu Island, Hauraki Gulf, as shown on plan marked M.D. 4674, and deposited in the office of the Marine Department at Wellington, in order to erect and maintain a wharf thereon:

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 marked M.D. 4674 has, prior to the making of this Order in Council, been approved of by the Governor in Council:

And whereas it is desirable that a license under the said Act, for the purpose aforesaid, should be granted and issued to the licensee 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 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 adjacent thereto necessary for the maintenance of the said wharf, such license to be held and enjoyed by the licensee 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 that part of the foreshore and land below low-water mark occupied by the said wharf as shown on plan marked M.D. 4674.

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

4. 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.

5. The licensee shall maintain the above-mentioned wharf in good order and repair, and shall at all times exhibit therefrom and maintain at her 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.

6. 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 her, within a reasonable time, to be therein prescribed, to repair the same, she shall, with all convenient speed, cause such defect to be removed or such repairs to be made.

7. 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.

8. 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.

9. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be 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.

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 licensee 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 licensee in New Zealand.

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

12. In case the licensee 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.) Become bankrupt, or be brought under the operation of any law for the time being in force relating to bankruptcy; or