Dec. 13.] THE NEW ZEALAND GAZETTE. 4497

Transfer of Otane Patriotic League’s Wounded Soldiers Fund to the Hawke’s Bay War Relief Association (Incorporated), under the War Funds Act, 1915.

LIVERPOOL, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this third day of December, 1917.

Present:

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

WHEREAS by section thirteen of the War Funds Act, 1915 (hereinafter referred to as “the said Act”), it is provided that any person, society, or trustees (whether such society or trustees are incorporated or not) having control of any war fund may, with the consent of the Governor-General in Council, transfer such fund to any other society or trustees incorporated pursuant to section twelve of the said Act, to be applied by such last-mentioned society or trustees for the purposes for which such last-mentioned society or trustees were incorporated, notwithstanding that such purposes may not be identical with the purposes for which the fund to be transferred was established; provided that consent shall not be given to any application under this section unless the Governor-General in Council is satisfied that the fund to be transferred can be administered by the incorporated society or trustees for substantially the same purposes as those for which the fund was established: And whereas an application has been made by the trustees having control of the Otane Patriotic League’s Wounded Soldiers Fund to transfer the said fund held by such trustees, entitled “The Otane Patriotic League’s Wounded Soldiers Fund,” to the Hawke’s Bay War Relief Association (Incorporated): And whereas the Governor-General in Council is satisfied that such fund can be administered by the Hawke’s Bay War Relief Association (Incorporated) for substantially the same purposes as those for which that fund was established: And whereas it is considered desirable to consent to such transfer:

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 acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby consent to the transfer of the fund held by the said trustees, entitled “The Otane Patriotic League’s Wounded Soldiers Fund,” to the Hawke’s Bay War Relief Association (Incorporated).

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

Licensing the Hokianga County Council to use and occupy a Part of the Foreshore at Te Teo, Hokianga, as a Site for a Wharf.

LIVERPOOL, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this third day of December, 1917.

Present:

THE RIGHT HONOURABLE W. F. MASSEY, P.C., PRESIDING 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”), the Hokianga County Council (hereinafter called “the Council”) has applied to the Governor-General in Council for a license under the said Act to occupy a part of the foreshore and land below low-water mark at Te Teo, on the Mangamuka Creek, in Hokianga Harbour, 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. 4847 (in duplicate), 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-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 should be granted and issued to the Council under the said Act for the purpose last aforesaid, 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 object for which the said license is required by the Council 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 Council 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 plan marked M.D. 4847 so deposited as aforesaid, for the purpose of erecting and maintaining the said wharf, such license to be held and enjoyed by the Council 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 the part of the foreshore and land below low-water mark adjacent thereto necessary for the erection of the said wharf as shown on plan marked M.D. 4847.

3. 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.

4. 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 said wharf without payment.

5. The Council shall maintain the above-mentioned wharf in good order and repair, and shall at all times exhibit from the wharf, and maintain at its 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 Council in New Zealand a notice in writing of any defect or want of repair in such wharf, requiring it, within a reasonable time, to be therein prescribed, to repair the same, it shall with all convenient speed cause such defect to be removed or such repairs to be made.

7. Nothing herein contained shall authorize the Council 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 Council and deposited above high-water mark, or at such place as may be approved of by the Minister or by the Harbourmaster at Hokianga.

9. 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 Council shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

10. The said rights, powers, and privileges may be at any time resumed at any time by the Governor-General, without payment of any compensation whatever, on giving to the Council 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 Council in New Zealand.

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

12. In case the Council shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them; or
    (2.) Cease to use or occupy the said wharf for a period of thirty days—
    then and in either of the said cases this Order in Council, and every right, power, or privilege thereby conferred, may be revoked and determined by the Governor-General in Council without any notice to the Council 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 Council, and to all persons concerned or interested, that this Order in Council, and the license, rights,