2616
THE NEW ZEALAND GAZETTE.
[No. 79

The North-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, subject to a Condition as to the Building-line.

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ROBERT STOUT.
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House at Wellington, this 6th day of September, 1920.

Present:

HIS EXCELLENCY THE ADMINISTRATOR PRESIDING IN COUNCIL.

IN pursuance and exercise of the powers conferred by the Public Works Act, 1908, and the Public Works Amendment Act, 1911, His Excellency the Administrator of the Government of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby approve of the following resolution passed by the Wellington City Council—viz., “The Wellington City Council, being the local authority having control of the streets in the City of Wellington, hereby declares that the provisions of section one hundred and seventeen of the Public Works Act, 1908, shall not apply to the portion of the north-western side of Moxham Avenue to which the following land has a frontage—viz., part Lot 46 of Section 4, Evans Bay District, shown on D.P. 65, certificate of title 59/214, and Lots Nos. 18 and 19 on D.P. 116, certificate of title 18/141”; subject to the condition that no building or part of a building shall be erected at any time on the north-western side of the portion of Moxham Avenue described in the Schedule hereto, within a distance of thirty-three feet from the centre-line of the said portion of street.

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SCHEDULE.

THE north-western side of portion of Moxham Avenue, situated in the Wellington Land District, City of Wellington, abutting on part Lot 46 of Section 4, Evans Bay District, shown on D.P. No. 65, certificate of title 59/214, and Lots Nos. 18 and 19 on D.P. 116, certificate of title 18/141. As the said portion of street is more particularly delineated on the plan marked P.W.D. 48876, deposited in the office of the Minister of Public Works at Wellington, in the Wellington Land District, and thereon coloured red.

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

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• Cancelling a Condition setting back the Building-line of Portion of Landcross Street, in the City of Wellington, imposed by an Order in Council under Section 117 of the Public Works Act, 1908.*

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ROBERT STOUT.
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House at Wellington, this 6th day of September, 1920

Present:

HIS EXCELLENCY THE ADMINISTRATOR PRESIDING IN COUNCIL.

IN pursuance and exercise of the powers conferred by the Public Works Amendment Act, 1908, and of all other powers in anywise enabling him in this behalf, His Excellency the Administrator of the Government of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby amend the Order in Council dated the twenty-seventh day of October, one thousand nine hundred and thirteen, published in Gazette No. 80, of the thirtieth day of the same month, exempting Landcross Street, in the City of Wellington, from the provisions of section one hundred and seventeen of the Public Works Act, 1908, subject to a condition as to the building-line, by cancelling the condition setting back the building-line, in so far as such condition affects the northern side of portion of the said Landcross Street abutting on Lot No. 7, D.P. 2847, as shown on plan marked P.W.D. 48977, deposited in the office of the Minister of Public Works at Wellington, in the Wellington Land District, and thereon coloured blue.

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

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Licensing Jonathan William Coleman to use and occupy a Part of the Foreshore and Land below Low-water Mark at Lucas Creek, Waitemata Harbour, as a Site for a Wharf.

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ROBERT STOUT.
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House at Wellington, this 30th day of August, 1920.

Present:

HIS EXCELLENCY THE ADMINISTRATOR 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”), Jonathan William Coleman (hereinafter called “the licensee”) has applied to the Administrator in Council for a license under the said Act to use and occupy a part of the foreshore and land below low-water mark at Lucas Creek, Waitemata 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. 5156, 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 wharf:

And whereas it has been made to appear to the Administrator 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 Administrator in Council:

And whereas it is expedient that a license should be granted and issued under the said Act, for the purpose aforesaid, on the terms and conditions hereinafter expressed:

Now, therefore, His Excellency the Administrator of the Government 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 purpose or 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, necessary for the maintenance of the said wharf, such license to be held and enjoyed by the licensee upon and subject to the terms and conditions set forth in the Schedule hereto.

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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, occupied by the said wharf, as shown on plan marked M.D. 5156.

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

4. All persons shall, at all reasonable times, and 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.

5. His Majesty or the Administrator, 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.

6. The licensee shall maintain the above-mentioned wharf in good order and repair; and, on being required to do so by the Minister, shall 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.

7. 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 licensee in New Zealand a notice in writing of any defect or want of repair in such wharf, 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.

8. Nothing herein contained shall authorize the licensee to do or cause to be done anything repugnant to or inconsistent