3028
THE NEW ZEALAND GAZETTE.
[No. 124

paration, cannot be made and taken within the times mentioned in the Counties Act, 1908, and it is expedient to extend the said times respectively:

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in pursuance and exercise of the powers conferred upon him by the said Counties Act, 1908, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby order and declare that the several dates mentioned in the Schedule hereto shall be the respective dates for taking the several steps set out in the said Schedule.

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SCHEDULE.

1. For preparing the defaulters list and the rolls for the ridings within the County of Waitemata: Until the 22nd day of August, 1917.

2. Time for which such list and rolls shall be open for inspection: From the 27th day of August, 1917, to the 15th day of September, 1917.

3. Time for appeals against the said rolls: Until the 22nd day of September, 1917.

4. Revision courts may sit for hearing applications with reference to the said rolls, and adjourn: Until the 29th day of September, 1917.

5. Time when the said rolls, having been corrected and signed, shall come into force: On the 3rd day of October, 1917.

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

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Vesting the Management of Building, Kaipara, in Trustees.

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LIVERPOOL, Governor-General.

ORDER IN COUNCIL.

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

Present:

His Excellency the Governor-General in Council.

WHEREAS by section eleven of the Harbours Act, 1908 (hereinafter called “the said Act”), it is enacted that the Governor-General in Council may vest the management of any wharf the property of His Majesty the King in any person, upon such terms and conditions as the Governor-General in Council thinks fit:

And whereas it is thought advisable to vest in William Henry Heathcote Jackman, farmer, of Whakapirau, Henry Edward Fitzgerald McMurdo, farmer, of Marohemo, and Thomas Henry Hanna, farmer, of Whakapirau, as trustees for the inhabitants of the district, the management of the building which is erected on the foreshore at Whakapirau, in Kaipara, and which is shown on plans marked M.D. 2719 and 2721 and deposited in the office of the Marine Department at Wellington, on the terms and conditions hereinafter set forth:

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, and 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, doth hereby vest the management of the said building in the said persons as trustees aforesaid, subject to the conditions set forth in the Schedule hereto.

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SCHEDULE.

1. The concessions and privileges conferred by this Order in Council shall extend and apply only to the parts of the foreshore and of the land below low-water mark on which the said building is erected.

2. In consideration of the concessions and privileges granted by this Order in Council, the trustees shall pay to the Minister an annual sum of 10s., payable on the 1st day of August, dating from the 1st day of August, 1917.

3. 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, and out of the building without payment.

4. The trustees shall maintain the above-mentioned building in good order and repair, and shall at all times exhibit therefrom, and maintain at their 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.

5. Any person authorized by the Minister may at all reasonable times enter upon the said building and view the state of repairs thereof; and upon such Minister leaving at or posting to the last-known registered office of the trustees a notice in writing of any defect or want of repair in such building, requiring them within a reasonable time, to be therein prescribed, to repair the same, they shall with all convenient speed cause such defect to be removed or such repairs to be made.

6. Nothing herein contained shall authorize the trustees 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.

7. The rights, powers, and privileges conferred by or under this Order in Council shall continue in force for fourteen years from the 1st day of August, 1917, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the trustees shall not assign, charge, or part with any such right, power, or privilege without the written consent of the Minister first obtained.

8. The said rights, powers, and privileges may be at any time resumed by the Governor-General, without payment of any compensation whatever, on giving to the trustees 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 registered office of the trustees.

9. The trustees shall be liable for any injury which the said building may cause any vessel or boat to sustain through any default or neglect on their part.

10. In case the trustees 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 building for a period of thirty days; or
    (3.) Fail to pay the sums specified in clause 2 of these conditions,—
    then and in any of the said cases this Order in Council, and every license, right, power, or privilege, may be revoked and determined by the Governor-General in Council, without any notice to the trustees or other proceeding whatsoever; and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to the trustees, and to all persons concerned or interested, that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.

11. In these conditions the term “Minister” means the Minister having charge of the Marine Department 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.

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

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Variation of an Order in Council prohibiting all Alienation of certain Native Lands other than Alienations in favour of the Crown.

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LIVERPOOL, Governor-General.

ORDER IN COUNCIL.

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

Present:

His Excellency the Governor-General 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-General 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 part of the Schedule hereto, only in so far as it affects the land set out in the second part of the said Schedule and to the extent therein mentioned.

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SCHEDULE.

FIRST PART.

Order in Council under section 363 of the Native Land Act, 1909, dated the 10th July, 1916, and published in the New Zealand Gazette dated the 13th July, 1916, as extended by Order in Council dated the 2nd July, 1917, affecting Parihaka A and other subdivisions of Parihaka.

SECOND PART.

Parihaka No. 3 Block, in so far as to enable the Native owner to grant a lease of the block to one Ririkore Wharepouri.

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