July 29.] THE NEW ZEALAND GAZETTE. 2361

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 approve of the following resolution passed by the Auckland City Council on the eleventh day of June, one thousand nine hundred and twenty-six, viz. :

"That the Auckland City Council, having control of Hackett Street, by resolution declares that the provisions of section one hundred and seventeen of the Public Works Act, 1908, shall not apply to the said street fronting Part Lot 59 and Lots 60 and 61 of Allotment 12, Section 8, Suburbs of Auckland";

subject to the condition that no building or part of a building shall at any time be erected on the land fronting the north-eastern side of the portion of Hackett Street (described in the Schedule hereto), within a distance of twenty-eight feet from the centre-line of the said portion of street.

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SCHEDULE.

The north-eastern side of all that portion of street, situated in the North Auckland Land District, City of Auckland, known as Hackett Street, fronting Part Lot 59, and Lots 60 and 61 of Allotment 12, Section 8, Suburbs of Auckland. As the said portion of street is more particularly delineated on the plan marked P.W.D. 64511, 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.

(P.W. 51/479.)

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Vesting the Management of the Wharf and Shed at Hui House, Whangape Harbour, in George Charles Butt, Andrew Ngawaka, and David Murray (as Trustees).

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CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 26th day of July, 1926.

Present :

His Excellency the Governor-General in Council.

WHEREAS by section one hundred and eighty-six of the Harbours Act, 1923 (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 desirable to vest in George Charles Butt, Andrew Ngawaka, and David Murray as trustees for the inhabitants of the district (hereinafter called "the licensees," in which term is to be construed, unless the context requires a different construction, their administrators, executors, and assigns) the management of the wharf and shed at Hui House, Whangape, erected in accordance with the plan marked M.D. 6010, 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 wharf and shed at Hui House, Whangape Harbour, in the licensees, subject to the conditions set forth in the Schedule hereto.

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SCHEDULE.

CONDITIONS OF MANAGEMENT.

1. In these conditions the term—

"Foreshore" means such parts of the bed, shore, or banks of a tidal water as are covered and uncovered by the flow and ebb of the tide at ordinary spring tides :

"Low-water mark" means low-water mark at ordinary spring tides :

"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 adjacent thereto necessary for the maintenance of the said wharf and shed, as shown on plan marked M.D. 6010.

3. All His Majesty's subjects shall at all reasonable times, and upon payment of the proper dues, have free and full liberty to use the above-mentioned wharf and shed, and rights of ingress and egress thereto and therefrom.

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, over, and out of the said wharf and shed without payment.

5. The licensees shall maintain and keep the above-mentioned wharf and shed, and all erections on or in connection with the wharf and shed in good order and repair; and shall at all times exhibit therefrom, and maintain at the licensees' own cost, suitable and necessary lights for the guidance of vessels; provided that no new light shall be exhibited until after it has been approved by the Minister.

6. All dues and rates received on account of the said wharf and shed by the licensees shall be applied to keeping the said wharf and shed, and all erections on or in connection with such wharf and shed, in good order and repair.

7. Any person authorized by the Minister may at all reasonable times enter upon the said wharf and shed and any buildings erected on the wharf or shed or in connection therewith and view the state of repair thereof; and upon his 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 or buildings, requiring the licensees within a reasonable time, to be therein prescribed, to make good or repair the same, the licensees shall, with all convenient speed, cause such defect to be removed or such repairs to be made.

8. The ballast of all vessels loading at the said wharf and shed 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.

9. The licensees shall not erect, or suffer to be erected, on the said wharf and shed any building or structure whatever except with the consent of the Minister.

10. The licensees shall keep a separate account of the receipts and expenditure on account of such wharf and shed and premises, and shall cause such account to be balanced to the 31st day of March in every year, and shall send a copy of such account when balanced to the Minister, and shall supply any particulars in reference thereto as may be required by the Minister.

11. The licensees shall appoint all officers necessary for the working and management of the wharf and shed.

12. 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 any regulation of the Minister of Customs, or with any provisions of the Harbours Act, 1923, or its amendments, or any regulation thereunder, and that are now or may hereafter be in force.

13. The rights, powers, and privileges hereby conferred shall continue in force for fourteen years, computed from the date hereof, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the licensees shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

14. The rights, powers, and privileges conferred under or by virtue of this Order in Council may be at any time resumed by the Governor-General, without payment of any compensation whatever, on giving to the licensees 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 licensees in New Zealand.

15. The licensees shall be liable for any injury which may be caused at the said wharf and shed to any vessel or boat through any default or neglect on the part of the licensees.

16. In case the licensees shall—

(1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them; or

(2.) Cease to use or occupy the said wharf and shed for a period of thirty consecutive days,—

then and in either 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 licensees 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 licensees 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.

17. In the event of this Order in Council being revoked for any reason whatsoever, or upon the expiry of the period for which the license is granted, the licensees shall, if required by the Minister so to do, remove the said wharf and shed entirely from the site, and restore the site to its original condition within three months from the date of revocation or expiry, as the case may be; and if the licensees fail so to do, the Minister may cause the said wharf and shed to be removed and the site so restored, and may recover the costs incurred by the said removal and restoration from the licensees.

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

C