Mar. 29.] THE NEW ZEALAND GAZETTE. 1121

to the Public Reserves and Domains Act, 1908 (hereinafter
referred to as “the said Act”): And whereas by section
four of the said Act the Governor is authorized, inter alia, to
exchange any such reserve for other land of equal value, to
be dedicated to the same or one or more of the purposes com-
prised in the said Class I, and to define the purpose to which
such reserve or such land acquired in exchange shall be dedi-
cated: And whereas, in the opinion of the Governor, it is
expedient to exchange the said gravel-pit reserve for other
land of equal value, described in the Second Schedule hereto,
to be dedicated as hereinafter provided :

Now, therefore, His Excellency the Governor of the Do-
minion 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 powers and authorities
conferred upon him by section four of the said Act, doth
hereby declare that the gravel-pit reserve described in the
First Schedule hereto is hereby exchanged for the Crown
land described in the Second Schedule hereto, which, in the
opinion of the Governor, is of equal value; and doth also
declare that the land described in the said First Schedule
becomes and is Crown land freed from all previous reserva-
tion and subject to the provisions of the Land Act, 1908;
and that the land described in the said Second Schedule is
hereby reserved for a gravel-pit, being one of the purposes
comprised in the said Class I.

———

FIRST SCHEDULE.

DESCRIPTION OF RESERVE EXCHANGED.

ALL that area in the Southland Land District, containing by
admeasurement 10 acres, more or less, being Section 4A,
Block V, Mabel Hundred. Bounded towards the north-east
by a public road, 236 and 892·2 links; towards the south-east
by Section 4 of aforesaid block, 1274·3 links; towards the
south-west by Section 4 aforesaid, 1000 links; and towards
the north-west by Section 3 of aforesaid block, 756·2 links.
As the same is delineated on the plan marked L. and S.
6/5/40, deposited in the Head Office, Department of Lands
and Survey, at Wellington, and thereon coloured green.

———

SECOND SCHEDULE.

DESCRIPTION OF LAND OBTAINED IN EXCHANGE THEREFOR.

ALL that area in the Southland Land District, containing
by admeasurement 6 acres 1 rood 16 perches, more or less,
being Section 49, Block V, Mabel Hundred. Bounded to-
wards the south-west by a public road, 191 and 916 links;
towards the east by a public road, 1239 links; and towards
the north-west by Section 3 of said Block V, 1272·2 links.
As the same is delineated on the plan marked L. and S.
6/5/40, deposited in the Head Office, Department of Lands
and Survey, at Wellington, and thereon coloured red.

F. W. FURBY,
Acting Clerk of the Executive Council.

———

Licensing the Pukeatua Road Board to use and occupy a Part
of the Foreshore near Viponds, Silverdale, Wade River, as
a Site for a Wharf and Shed.

———

L I V E R P O O L , G o v e r n o r .

ORDER IN COUNCIL.

At the Government House at Wellington, this twenty-sixth
day of March, 1917.

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”),
the Pukeatua Road Board (hereinafter called “the Board”)
has applied to the Governor in Council for a license under the
said Act to occupy a part of the foreshore and land below low-
water mark near Viponds, Silverdale, Wade River, in order to
erect and maintain a wharf and shed thereon; and, in accord-
ance with the one-hundred-and-fiftieth section of the said
Act, has deposited plans in the office of the Marine Depart-
ment at Wellington marked M.D. 4705 (in duplicate) and
M.D. 4151, 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 shed: And whereas
it has been made to appear to the Governor in Council that
the proposed works will not be or tend to the injury of
navigation, and the said plans have, prior to the making of
this Order in Council, been approved by the Governor in
Council: And whereas it is expedient that a license should
be granted and issued to the Board under the said Act, for
the purpose last aforesaid, on the terms and conditions here-
inafter expressed :

Now, therefore, His Excellency the Governor of the Do-
minion 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 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 Board
as aforesaid; and, in further pursuance and exercise of the
said power and authority, and with the like advice and con-
sent as aforesaid, doth hereby license and permit the Board
to use and occupy that part of the foreshore and land below
low-water mark on which the said wharf and shed are to be
erected, as shown on plans marked M.D. 4705 and 4151 so
deposited as aforesaid, for the purpose of erecting and main-
taining the said wharf and shed; such license to be held and
enjoyed by the Board 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 and shed, as
   shown on the plans marked M.D. 4705 and 4151.

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 shed, and all rights of ingress and egress thereon
   and therefrom.

4. His Majesty or the Governor, 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 and shed without pay-
   ment.

5. The Board shall maintain the above-mentioned wharf
   and shed in good order and repair; and shall at all times
   exhibit from the wharf and shed, and maintain at its own cost,
   suitable and necessary lights for the guidance of vessels; pro-
   vided 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 shed and
   view the state of repair thereof; and upon such Minister
   leaving at or posting to the last known address of the Board
   in New Zealand a notice in writing of any defect or want of
   repair in such wharf and shed, requiring it, within a reason-
   able 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 Board 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 Har-
   bours 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 Board 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 four-
   teen years from the date thereof, unless in the meantime
   such rights, powers, and privileges shall be altered, modified,
   or revoked by competent authority; and the Board 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 by the Governor, without payment of any com-
    pensation whatever, on giving to the Board 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 Board in New
    Zealand.

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

12. In case the Board shall—
    (1.) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them; or
    (2.) Cease to use or occupy the said wharf and shed 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