208
THE NEW ZEALAND GAZETTE.
[No. 7

howsoever, whether the rate of interest or the term of years
of the loan was or was not specified or determined, and such
money or any part thereof has not been borrowed, the local
authority may, with the precedent consent of the Minister
of Finance, borrow such money, or such amount thereof as
has not been borrowed, at such rate of interest or for such
term not less than ten years, as may be prescribed by the
Governor-General by Order in Council :

And whereas the Manukau County Council has been autho-
rized to borrow the sum of twelve thousand seven hundred and
forty pounds for liquidating its antecedent liability :

And whereas the Minister of Finance has given his pre-
cedent consent as required by the above-recited section
eleven, and it is desired that the rate of interest at which the
money may be borrowed be not exceeding six per centum
per annum :

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 as aforesaid, and acting
by and with the advice and consent of the Executive Council
of the said Dominion, doth hereby prescribe that the rate of
interest that may be paid by the Manukau County Council
in respect of the said loan of twelve thousand seven hundred
and forty pounds shall be a rate not exceeding six per centum
per annum, and the said Manukau County Council is hereby
authorized to borrow the said sum of twelve thousand seven
hundred and forty pounds accordingly.

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

Licensing the Manukau County Council to use and occupy a
Part of the Foreshore of the Wairoa River, Auckland, as a
Site for a Wharf, and Prescribing Dues for its Use.

JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 17th day
of January, 1923.

Present :

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

WHEREAS by Order in Council dated the twentieth day
of January, one thousand nine hundred and nine, and
published in the New Zealand Gazette No. 6, of the twenty-
eighth day of the same month, the Wairoa Road Board was
licensed to use and occupy a part of the foreshore and land
below low-water mark of the Wairoa River at Clevedon, in
order to erect and maintain a wharf thereon, in accordance
with plan marked M.D. 3273 and deposited in the office of the
Marine Department at Wellington :

And whereas the said Road Board has become merged in
the Manukau County Council (hereinafter called “the
Council”) :

And whereas the said license will expire on the twentieth
day of January next, and, the Council having applied for a
renewal thereof, it is desirable to grant the same ; and also to
prescribe the dues and rates to be charged and taken for the
use of the said wharf :

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 Harbours Act,
1908 (hereinafter called “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 license and permit the Council
to use and occupy that part of the foreshore and land below
low-water mark which are particularly shown and delineated
on the plans marked M.D. 3273 so deposited as aforesaid, for
the purpose of maintaining the wharf so erected as aforesaid,
such license to be held and enjoyed by the Council upon and
subject to the terms and conditions set forth in the First
Schedule hereto ; and doth also prescribe that the dues and
rates set forth in the Second Schedule hereto shall be charged
and taken by the Council for the use of the said wharf.

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 parts of the
   foreshore and land below low-water mark necessary for the
   maintenance of such wharf, which are shown on the plan
   marked M.D. 3273, and deposited in the office of the Marine
   Department as aforesaid.

3. The Council shall maintain the above-mentioned wharf
   in good order and repair, and shall at all times exhibit there-
   from, 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.

4. 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 a notice
   in writing of any defect or want of repair in such wharf, re-
   quiring the Council, within a reasonable time, to be therein
   prescribed, to make good the same, the Council shall with all
   convenient speed cause such defect to be removed or such
   repairs to be made, as the case may be.

5. 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 any regulations made thereunder, and that are
   now or may hereafter be in force.

6. 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.

7. The rights, powers, and privileges conferred by or under
   this Order in Council shall continue in force for fourteen years
   from the twentieth day of January, one thousand nine hundred
   and twenty-three, unless in the meantime such rights, powers,
   and privileges shall be altered, modified, or revoked by com-
   petent 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.

8. 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 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.

9. 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.

10. In case the Council 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 for the purposes
    aforesaid for a period of thirty days,—
    then and in either of the said cases this Order in Council, and
    every license, 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 proceedings
    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, and privileges thereby granted and conferred, have
    been revoked and determined.

SECOND SCHEDULE.

On regular trading-vessels over 5 tons register : £5 per annum.
On vessels other than traders over 5 tons register : For each
time of using the wharf, 5s.

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

Declaring Invercargill Estuary Farm to be a Sanctuary for
Imported and Native Game.

JELLICOE, Governor-General.

PURSUANT to the powers vested in me by the Animals
Protection and Game Act, 1921–22, I, John Rush-
worth, Viscount Jellicoe, Governor-General of the Dominion
of New Zealand, do hereby notify and declare that the area
described in the Schedule hereto shall be a sanctuary for the
purposes of the said animals Protection and Game Act, and
that no imported or native game shall be taken or killed
within the said area, except pursuant to an authority granted
under section thirty-one or section thirty-two of the said
Act ; nor shall any person, except under such conditions as
may from time to time be prescribed by the Minister, take
any dog or firearm into such area, or discharge any firearm
or explosive in such area, or do anything likely to cause any
imported game or native game to leave such area.

Notwithstanding anything herein contained or contained
in section 6 of the Animals Protection and Game Act, 1921–22,
sheep or cattle dogs, being the property of the Prisons Depart-
ment, may be taken on such sanctuary by officers of that
Department.

SCHEDULE.

ALL that area in the Land District of Southland, in the
Borough of Invercargill, bounded on the south by Tweed