950
THE NEW ZEALAND GAZETTE.
[No. 32

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 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 licensee 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 licensee to use and occupy that part of the foreshore and land below low-water mark adjacent thereto, as shown on the plan marked M.D. 5127, so deposited as aforesaid, for the purpose of erecting and maintaining the said slipway thereon; 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 adjacent thereto, necessary for the construction of the slipway as shown on plan marked M.D. 5127.

3. 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 10s., payable 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.

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 slipway without payment.

5. The licensee shall maintain the above-mentioned slipway in good order and repair, and shall at all times exhibit therefrom, and maintain at his 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 slipway and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the licensee in New Zealand a notice in writing of any defect or want of repair in such slipway, 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.

7. Nothing herein contained shall authorize the licensee to do or cause to be done anything repugnant to or inconsistent with any law relating to the Customs, or any regulations 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 rights, powers, and privileges conferred by or under this Order in Council shall continue to be 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.

9. 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 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.

10. The licensee shall be liable for any injury which the said slipway may cause any vessel or boat to sustain through any default or neglect on his part.

11. In case the licensee 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 slipway for a period of thirty days;
    (3.) Become bankrupt, or be in any manner brought under the operation of any law for the time being in force relating to bankruptcy; or
    (4.) Fail to pay the sums specified in clause 3 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 licensee 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 licensee, and to all persons concerned or interested, that this Order in Council, and the rights and privileges thereby granted and conferred, have been revoked and determined.

12. The erection of the slipway shall be sufficient evidence of the acceptance by the licensee of the terms and conditions of this Order in Council.

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

Recreation Reserve in North Auckland Land District brought under Part II of the Public Reserves and Domains Act, 1908.

LIVERPOOL, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this sixteenth day of March, 1920.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

BY virtue of the powers and authorities vested in me by the twenty-sixth section of the Public Reserves and Domains Act, 1908, I, Arthur William de Brito Savile, Earl of Liverpool, the Governor-General of the Dominion of New Zealand, by and with the advice and consent of the Executive Council of the said Dominion, do hereby order and declare that the reserve for recreation in the North Auckland Land District described in the Schedule hereto shall be and the same is hereby brought under the operation of and declared to be subject to the provisions of Part II of the said Act; and such reserve shall hereafter be known as the Glen Innes Domain, and be managed, administered, and dealt with as a public domain.

SCHEDULE.

ALL that area in the North Auckland Land District, containing by admeasurement 12 acres 1 rood 20 perches, more or less, being Lot 1 of Allotment 16A, Parish of Waitemata. Bounded towards the north by Lot 2 of the aforesaid Allotment 16A, 242·9 links; towards the north-east by high-water mark of the Tamaki River; towards the south by a reserve one chain wide along the aforesaid Tamaki River; and towards the north-west by a public road, 380·3 and 889·5 links: be all the aforesaid linkages more or less. As the same is delineated on plan marked L. and S. 1/633, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red. (North Auckland plan No. 20479, blue.)

F. D. THOMSON,
Clerk of the Executive Council

Portion of Fairhall Valley Road, in the Wairau Road District, exempted from the Provisions of Section 117 of the Public Works Act, 1908.

LIVERPOOL, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this sixteenth day of March, 1920.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL 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, it is provided that such approval may be either absolute or subject to such conditions with respect to the building-line as the Governor-General, by Order in Council, thinks fit to impose:

And whereas the Wairau Road Board, being the local authority having control of the portion of road described in the Schedule hereto, has passed the following resolution—viz., “The Wairau Road Board, being the local authority having control of the public road described in the Schedule hereto, hereby resolves and declares that the provisions of section one hundred and seventeen of the Public Works