Mar. 21.] THE NEW ZEALAND GAZETTE. 861

by Section 36198 aforesaid and Section 3826, 1000 links: be all the aforesaid linkages more or less. As the same is delineated on the plan marked L. and S. 6/5/60, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured red.

F. D. THOMSON,
Acting Clerk of the Executive Council.

Revoking Order in Council licensing Richard O’Donnell, Senior, to use and occupy a Part of the Foreshore and Land below Low-water Mark of Tongaporutu River, Taranaki, as a Site for a Wharf.

LIVERPOOL, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this eleventh day of March, 1918.

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

WHEREAS by Order in Council dated the thirtieth day of July, one thousand nine hundred and seventeen, and published in the New Zealand Gazette No. 127, of the ninth day of August following, His Excellency the Governor-General in Council did, in pursuance of the Harbours Act, 1908, license Richard O’Donnell, senior, to use and occupy a part of the foreshore and land below low-water mark of Tongaporutu River, Taranaki, for the purpose of erecting and maintaining thereon a wharf, in accordance with plans marked M.D. 3393, and deposited in the office of the Marine Department at Wellington, and upon and subject to the terms and conditions therein set forth :

And whereas, pursuant to the provisions of paragraph eleven of the First Schedule to the hereinbefore-recited Order in Council, three calendar months’ notice of resumption of the rights, powers, and privileges conferred by the said Order in Council has been given by the Minister of Marine to the said Richard O’Donnell, senior:

And whereas the said notice has expired, and it is desirable to revoke the said license and the rights and privileges thereby conferred :

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in pursuance and exercise of the power and authority conferred upon him by the Harbours Act, 1908, 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 revoke and determine the said recited Order in Council of the thirtieth day of July, one thousand nine hundred and seventeen, and the rights and privileges thereby conferred.

F. D. THOMSON,
Acting Clerk of the Executive Council.

The Western Side of Portion of Moxham Avenue, in the City of Wellington, exempted from the Provisions of Section 117 of the Public Works Act, 1908.

LIVERPOOL, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this eighteenth day of March, 1918.

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

WHEREAS by subsection one of section one hundred and seventeen of the Public Works Act, 1908, it is, inter alia, provided that the said section shall not apply in any case where the local authority having control of any road or street by resolution declares that the provisions thereof shall not apply to any specified road or street, or any specified part thereof, and such resolution is approved by the Governor-General in Council :

And whereas by subsection two of section one hundred and seventeen of the Public Works Act, 1908, and clause (b) of subsection one of section thirteen of the Public Works Amendment Act, 1911, it is provided that such approval may be either absolute or subject to such conditions as the Governor-General by Order in Council thinks fit to impose, and may refer to one or both sides of the road or street :

And whereas the Wellington City Council, the local authority having control of the portion of street described in the Schedule hereto, hereinafter referred to as “the said portion of street,” has passed the following resolution —viz., “The Wellington City Council, being the local authority having control of the streets in the City of Wel-

B

lington, hereby declares that the provisions of section one hundred and seventeen of the Public Works Act, 1908, shall not apply to that portion of the western side of Moxham Avenue to which Sections 15 and 16, D.P. 116, part of Section 4, Evans Bay, Block VII, Port Nicholson Survey District, have a frontage” :

And whereas it is deemed expedient that such resolution should be approved in so far as it refers to the western side of the said portion of street :

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in pursuance and exercise of the powers conferred by the above-in-part-recited Acts, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby approve of the said resolution to the extent hereinbefore mentioned.

SCHEDULE.

All that portion of the western side of Moxham Avenue in the Wellington Land District, City of Wellington, adjoining Sections 15 and 16, D.P. 116, part of Section 4, Evans Bay, Block VII, Port Nicholson Survey District. As the said portion of street is more particularly delineated on the plan marked P.W.D. 43729, deposited in the office of the Minister of Public Works at Wellington, in the Land District of Wellington, and thereon coloured red.

F. D. THOMSON,
Acting Clerk of the Executive Council.

Vesting the Management of Wharf at Tongaporutu in Trustees.

LIVERPOOL, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this eleventh day of March, 1918.

Present :
THE RIGHT HONOURABLE W. F. MASSEY, P.C., PRESIDING 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 Leslie James Rattenbury, storekeeper, of Tongaporutu, and Thomas Benjamin Waters, farmer, of Tongaporutu, as trustees for the inhabitants of the district, the management of the wharf which is erected on the foreshore at Tongaporutu, Taranaki, and which is shown on plans marked M.D. 3393 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 wharf in the said persons as trustees aforesaid, subject to the conditions set forth in the First Schedule hereto ; and doth hereby make the regulations, and prescribe the dues and rates to be taken on and after the date of publication of this Order in Council in the New Zealand Gazette, for the use of the said wharf, set forth in the Second Schedule hereto.

FIRST 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 maintenance of the wharf, as shown between points C and D on sheet 1 of plans marked M.D. 3393.

3. In consideration of the concessions and privileges granted by this Order in Council the trustees 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 trustees being supplied with a copy of this Order in Council.

4. 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.