2944

THE NEW ZEALAND GAZETTE.

[No. 86

East and the south-east and south-west by the said Auckland-Westfield Railway to the aforementioned Lot 52; and thence towards the north-west by the said Lot 52 to the point of commencement:

Also all that area in the North Auckland Land District, being Lot 55 and parts of Lots N 56, M 56, and S 56, all of Section l, Small Lots, near Village of Panmure, situated in Block II, Otahuhu Survey District, and containing by ad-measurement 4 acres 3 roods 15 perches, more or less. Bounded, commencing at a point on a public road being the southernmost corner of Lot 54, Section 1 aforesaid, towards the south-east by the said public road to the north-eastern corner of part Lot 43, Section 1 aforesaid; thence towards the south-west by the said Lot 43 to the Auckland-Westfield Railway; thence again towards the south-west and the north-west generally by the said Auckland-Westfield Railway to the aforementioned Lot 54; and thence towards the north-east by the said Lot 54 to the point of commencement:

As the same are delineated by the plan marked L. and S. 1/20, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red. Auckland plans 679, 14224, and 21189(7), blue.

C. A. JEFFERY,
Acting Clerk of the Executive Council.

Domain Board appointed to have Control of the Retaruke Domain.

JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 3rd day of December, 1923.

Present:

THE HONOURABLE SIR F. H. D. BELL, G.C.M.G., K.C., PRESIDING IN COUNCIL.

IN pursuance and exercise of the powers conferred by section forty of the Public Reserves and Domains Act, 1908, 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, doth hereby appoint Joseph Chadwick, Neal Dempsey, Oliver Bailis Dobbs, Christopher Gilbert Fleetwood, Cleburne Henry Gage, Sydney Arthur Morris, Herbert Melbourne Prichard, Taylor Paul Peini, and Banks Pilkinton

to be the Retaruke Domain Board, having control of the land described in the Schedule hereto; and doth hereby appoint Monday, the seventeenth day of December, one thousand nine hundred and twenty-three, at two o'clock p.m., as the time when, and the school, Maungaroa Junction, Retaruke, as the place where, the first meeting of the Board shall be held.

SCHEDULE.

RETARUKE DOMAIN.-WELLINGTON LAND DISTRICT.

SECTION 9, Block XII, Retaruke Survey District : Area, 10 acres 2 roods 10 perches.

C. A. JEFFERY,
Acting Clerk of the Executive Council.

Licensing Gideon Laurence Taylor and Edward Broadley Brown to occupy a Part of the Foreshore of Matakaitia Bay, Whangaparaoa, as a Site for a Wharf.

JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 3rd day of December, 1923.

Present:

THE HONOURABLE SIR F. H. D. BELL, G.C.M.G., K.C., PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Gideon Laurence Taylor and Edward Broadley Brown (hereinafter called "the licensees"), of Auckland, have applied to the Governor-General in Council for a license under the Harbours Act, 1908 (hereinafter called "the said Act"), to occupy a part of the foreshore and land below low-water mark of

Matakaitia Bay, Whangaparaoa, in order to erect and maintain thereon a wharf; and, in accordance with the one-hundred-and-fiftieth section of the said Act, have deposited plans in the office of the Marine Department at Wellington (marked M.D. 5729, showing the place where it is intended to erect such wharf, the area of foreshore and land below low-water mark to be occupied for such purpose, and the manner in which it is proposed to erect the wharf: And whereas it has been made to appear to the Governor-General in Council that the proposed work 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-General in Council, without modification or addition: And whereas it is expedient that a license under the said Act, for the purpose aforesaid, should be granted and issued to the licensees, on the terms and conditions set forth in the Schedule hereto:

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 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 purpose or object for which the said license is required by the licensees 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 licensees 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. 5729 so deposited as aforesaid, for the purpose of constructing or erecting thereon a wharf, such license to be held and enjoyed by the licensees 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 necessary for the erection of such wharf which are shown on the plans marked M.D. 5729, and deposited in the office of the Marine Department as aforesaid.

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 £2 in advance, payable on the first day of April in each year, the proportionate part of such rental in respect of the period from the date hereof until the 31st day of March following to be paid on the licensees 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, over, and out of the said wharf without payment.

5. 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.

6. The licensees shall maintain the above-mentioned wharf in good order and repair, and shall at all times exhibit there-from, and maintain at the licensees' 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 the Minister leaving at or posting to the last known address of the licensees in New Zealand a notice in writing of any defect or want of repair in such wharf, requiring the licensees, within a reasonable time, to be therein prescribed, to make good the same, the licensees shall with all convenient speed cause such defect to be removed or such repairs to be made, as the case may be.

8. Nothing herein contained shall authorize the licensees to do or cause to be done anything repugnant to or inconsistent with any law relating to the Customs, or with any regulation 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.

9. The ballast of all vessels loading at the said wharf shall be taken away by the licensees 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.