2776

THE NEW ZEALAND GAZETTE.

[No. 115

Governor-General 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 a certain Order \
in Council, dated the twenty-second day of July, one thousand \
nine hundred and nine, appointing the Waipawa Domain \
Board, and doth hereby appoint \

THE WAIPAWA BOROUGH COUNCIL

to be the Waipawa Domain Board, having the control of \
the domain described in the said Schedule hereto for the \
purposes of and subject to the provisions of the said Act ; \
and doth hereby appoint Friday, the tenth day of August, \
one thousand nine hundred and seventeen, at seven o'clock \
p.m., as the time when, and the Borough Council Chambers, \
Waipawa, as the place where, the first meeting of the Board \
shall be held. \

SCHEDULE.

WAIPAWA DOMAIN.

All that area in the Hawke's Bay Land District, con- \
taining by admeasurement 4 acres 2 roods, more or less, \
being Section No. 105, Waipawa Borough, part Block 57, \
Patangata Crown Grant District. Bounded towards the \
north by other part of Block 57, 900 links ; towards the east \
by other part of Block 57, 500 links ; towards the south by a \
public street, 900 links ; and towards the west by a public \
street, 500 links ; be all the aforesaid linkages more or less : \
as the same is delineated on the plan marked L. 1118A, de- \
posited in the Head Office, Department of Lands, at Wel- \
lington, and thereon bordered pink. \

Also all that area in the Hawke's Bay Land District, con- \
taining by admeasurement 11 acres 1 rood 22 perches, more \
or less, being Section No. 16, Block XI, Waipukurau Survey \
District (Lindsay Settlement). Bounded towards the north- \
east by the Waipawa River ; towards the south-east by part \
of Block XIV, Waipukurau Crown Grant District; towards \
the south-west by the abutment of a road and Section \
No. 25, Block XI, Waipukurau Survey District; and \
towards the north-west by a railway reserve : as the same \
is delineated on the plan marked L. 1118/1, deposited in \
the Head Office, Department of Lands, at Wellington, and \
thereon bordered red. \

Also all that area in the Hawke's Bay Land District, \
containing by admeasurement 1 acre 2 roods, more or \
less, being Section No. 28, Block XI, Waipukurau Survey \
District (Lindsay Settlement). Bounded toward the east \
by a road ; towards the south by Section No. 13, Block XI, \
Waipukurau Survey District; and towards the west by \
a road : as the same is delineated on the plan marked \
L. 1118/2B, deposited in the Head Office, Department of \
Lands, at Wellington, and thereon bordered red. \

Also all that area in the Hawke's Bay Land District, \
containing by admeasurement 3 acres, more or less, being \
Section No. 29, Block XI, Waipukurau Survey District \
(Lindsay Settlement). Bounded towards the north by the \
Waipawa River ; towards the east by a railway reserve ; \
towards the south by Section No. 24, Block XI, Waipukurau \
Survey District ; and towards the west by a road : as the \
same is delineated on the plan marked L. 1118/2A, deposited \
in the Head Office, Department of Lands, at Wellington, and \
thereon bordered red. \

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

Licensing Christopher McKay to use and occupy a Part \
of the Foreshore and Land below Low-water Mark of \
the Waihoihoi Stream as a Site for Timber-booms. \

LIVERPOOL, Governor-General. \

ORDER IN COUNCIL. \

At the Government House at Wellington, this ninth day of \
July, 1917. \

Present : \

His Excellency THE GOVERNOR-GENERAL IN COUNCIL. \

WHEREAS, there being no Harbour Board empowered \
to grant the license hereinafter mentioned, \
Christopher McKay, of Waipu (hereinafter called "the \
licensee"), has applied to the Governor-General in Council \
for a license under the Harbours Act, 1908 (hereinafter called \
"'the said Act"'), to occupy a part of the foreshore and land \
below low-water mark of the Waihoihoi Stream as a site \
for timber-booms ; 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. 4799), showing the place where it is intended \
to construct such timber-booms, the area of foreshore and \
land below low-water mark intended to be occupied for \
such purpose, and the manner in which it is proposed to \
carry out the work : And whereas it has been made to \
appear to the Governor-General 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-General in Council : And \
whereas it is expedient that a license under the said Act, \
for the purpose aforesaid, should be granted and issued \
to the licensee on the terms and conditions hereinafter \
expressed : \

Now, therefore, His Excellency the Governor-General 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 by 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 which is particu- \
larly shown and delineated on the plan so deposited as afore- \
said, for the purpose of maintaining thereon timber-booms \
constructed in accordance with the said plan, 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 necessary for the \
   construction of the timber-booms, as shown on plan M.D. \

3. \

4. 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 £1 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. \

5. The rights, powers, and privileges conferred by 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 previous written consent of the Minister first \
   obtained. \

6. His Majesty or the Governor General, 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 timber-booms \
   without payment. \

7. The said rights, powers, and privileges may be at any \
   time resumed by the Governor-General, and the licensee may \
   be required to remove the timber-booms at his own cost, \
   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. \

8. The licensee shall maintain the above-mentioned \
   timber-booms in good order and repair; and shall at all \
   times exhibit therefrom, and maintain at his own cost, any \
   lights that may be required by the Minister; provided that \
   no light shall be exhibited until after it has been approved \
   of by the Minister. \

9. The licensee shall at all times give not less than twenty- \
   four hours' notice to owners of boats using the stream above \
   the site of the timber-booms of his intention to close the \
   booms, and shall open the booms within six days of the date \
   of closing same. \

10. Any person authorized by the Minister may at all \
    reasonable times enter upon the said timber-booms and \
    view the state of repair thereof; and upon such Minister \
    leaving at or posting to the last known address of the \
    licensee a notice in writing of any defect or want of repair in \
    such timber-booms, requiring him, within a reasonable time, \
    to be therein prescribed, to repair the same, he shall with all \
    convenient speed cause such defect to be removed or such \
    repairs to be made. \

11. The licensee shall be liable for any injury which may \
    be sustained by any vessel or boat in passing the timber- \
    booms, or by contact therewith, and which may be occasioned \
    by any default or neglect on the licensee's part.