2784
THE NEW ZEALAND GAZETTE.
[No. 62

SCHEDULE.

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 that part of the
   foreshore and land below low-water mark necessary for the
   construction of the jetty, as shown on plan M.D. 6386.

3. In consideration of the concessions and privileges granted
   by this Order in Council the licensees shall pay to the Minister
   the sum of £2 10s., and thereafter an annual sum of £5 in
   advance, payable on the 1st day of April in each year, the
   proportionate part of such annual rental in respect of the
   period from the date hereof until the 31st day of March follow-
   ing 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 jetty, without payment.

5. All persons shall at all reasonable times and upon pay-
   ment of the proper dues, have free and full liberty to use
   the said jetty, and all rights of ingress and egress thereon
   and therefrom.

6. The licensees shall maintain the above-mentioned jetty
   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 reason-
   able times enter upon the said jetty, and view the state of
   repair thereof ; and upon such 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 jetty,
   requiring the licensees, within a reasonable time, to be there-
   in prescribed, to repair the same, the licensees shall with all
   convenient speed cause such defect to be removed or such
   repairs to be made.

8. Nothing herein contained shall authorize the licensees
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any regula-
   tion of the Minister of Customs, or with any provisions of the
   Harbours Act, 1923, or its amendments, or any regulations
   made thereunder, and that are now or may hereafter be in
   force.

9. The ballast of all vessels trading at the said jetty 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.

10. The rights, powers, and privileges conferred by this
    Order in Council shall continue 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 licensees shall not assign,
    charge, or part with any such right, power, or privilege with-
    out the previous written consent of the Minister first obtained.

11. The said rights, powers, and privileges may be at any
    time resumed by the Governor-General, and the licensees
    may be required to remove the jetty at the licensees’ own
    cost, 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.

12. The licensees shall be liable for any injury which may
    be sustained by any vessel or boat in passing the jetty, or
    by contact therewith, and which may be occasioned by any
    default or neglect on the licensees’ part.

13. In case the licensees shall—
    (1) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them :
    (2) Cease to use or occupy the said jetty for a period of
    thirty days ;
    (3) Fail to pay the sums specified in clause 3 of these
    conditions ; or
    (4) Become bankrupt or be brought under the operation
    of any law for the time being in force relating to
    bankruptcy,—
    then, and in any of the said cases, this Order in Council and
    every right, power, or privilege, may be revoked and deter-
    mined by the Governor-General in Council without any
    notice to the licensees 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
    licensees and to all persons concerned or interested that this
    Order in Council, and the rights and privileges thereby con-
    ferred, have been revoked and determined.

14. 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 jetty 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 jetty to be removed and the site so restored, and
    may recover the costs incurred by the said removal and restora-
    tion from the licensees.

15. The construction of the jetty shall be deemed to be
    an acceptance by the licensees of the conditions of this Order
    in Council.

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

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

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 29th day of
August, 1927.

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, General Sir Charles Fergusson,
Baronet, 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 Auckland Land District de-
scribed 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 form part of the Herries Memorial Park
Domain, and be managed, administered, and dealt with as
a public domain by the Herries Memorial Park Domain
Board.

SCHEDULE.

ALL that area in the Auckland Land District, containing by
admeasurement 16 acres, more or less, being part of Section 15,
Block IX, Aroha Survey District. Bounded towards the
north-east by Lipsey Street, 660 links ; towards the north-
west by Wild Street, 483·1 links ; towards the north-east by
Queen Street, 1414·5 links ; towards the south-east by part
of Section 14D, Block IX, Aroha Survey District, 152·2 links ;
and towards the south and west generally by a river-bank
reserve, 100 links wide, along the Waihou River, to the point
of commencement: Be all the aforesaid linkages more or
less. As the same is more particularly delineated on the plan
marked L. and S. 42289, deposited in the Head Office, De-
partment of Lands and Survey, at Wellington, and thereon
bordered red. (S.O. plan 24164.)

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

Revoking an Order in Council declaring a Portion of a Public
Highway in the No. 5 Highway District, Waipawa Borough,
to be a Main Highway.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House, at Wellington, this 29th day of
August, 1927.

Present :

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

IN pursuance and exercise of the powers and authorities
vested in him by subsection three of section three of the
Main Highways Act, 1922, and of all other powers in anywise
enabling him in this behalf, 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, from the date of gazetting of this Order in
Council, hereby revoke the Order in Council dated the twelfth
day of July, one thousand nine hundred and twenty-six, and
published in the New Zealand Gazette No. 49 of the twenty-first
day of July, one thousand nine hundred and twenty-six, declar-
ing a portion of highway in the No. 5 Highway District, Wai-
pawa Borough, to be a main highway.

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