Feb. 23.] THE NEW ZEALAND GAZETTE. 451

The Northern Side of Portion of Walsh Road, in the Borough of New Plymouth, exempted from the Provisions of Section 117 of the Public Works Act, 1908, subject to a Condition as to the Building-line.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 14th day of February, 1928.

Present:

THE RIGHT HONOURABLE J. G. COATES, P.C., PRESIDING IN COUNCIL.

IN pursuance and exercise of the powers conferred by the Public Works Act, 1908, and of all other powers in any-wise 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 hereby approve of the following resolution passed by the New Plymouth Borough Council on the fifth day of December, one thousand nine hundred and twenty-seven, the portion of street affected by such resolution being described in the Schedule hereto, viz.:

“That the New Plymouth Borough Council, being the local authority having control of the street hereinafter mentioned, hereby resolves and declares that the provisions of section one hundred and seventeen, subsection one, of the Public Works Act, 1908, shall not apply to that portion of the northern side of Walsh Road to which Section 6, Westown, New Plymouth, has frontage ”;

subject to the condition that no building or part of a building shall at any time be erected on the land fronting the northern side of the portion of Walsh Road (described in the Schedule hereto), within a distance of thirty-three feet from the centre-line of the said portion of street.

SCHEDULE.

THE northern side of all that portion of street, situated in the Taranaki Land District, Borough of New Plymouth, known as Walsh Road, fronting Subdivision 6 of Section 26, Westown, Block IV, Paritutu Survey District. As the said portion of street is more particularly delineated on the plan marked P.W.D. 71006, 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.

(P.W. 51/442.)

Revoking Order in Council licensing Mrs. Cecilia Rudolph to use and occupy a Part of the Foreshore and Land below Low-water Mark in Whangape Harbour as a Site for a Wharf.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 14th day of February, 1928.

Present:

THE RIGHT HONOURABLE J. G. COATES, P.C., PRESIDING IN COUNCIL.

WHEREAS by Order in Council dated the tenth day of January, one thousand nine hundred and twenty-seven, and published in the New Zealand Gazette No. 1 of the thirteenth day of the same month, Mrs. Cecelia Rudolph (who, with her executors, administrators, and assigns is hereinafter called “the licensee”), was licensed to use and occupy a part of the foreshore and land below low-water mark in Whangape Harbour as a site for a wharf:

And whereas the said licensee has applied to have the hereinbefore-recited license revoked, and it is desirable to revoke the same:

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, 1923, 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 revoke the hereinbefore-recited Order in Council of the tenth day of January, one thousand nine hundred and twenty-seven, as from the tenth day of January, one thousand nine hundred and twenty-seven.

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

Vesting the Management of Wharf and Shed on the Marakopa River in the Kawhia County Council, and prescribing Dues for the use of same.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 14th day of February, 1928.

Present:

THE RIGHT HONOURABLE J. G. COATES, P.C., PRESIDING 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 local authority upon such terms and conditions as the Governor-General in Council thinks fit:

And whereas it is thought desirable to vest in the Kawhia County Council (hereinafter called “the Council,” in which term is to be construed, unless the context requires a different construction, its successors or assigns), the management of the wharf and shed on the Marakopa River, erected in accordance with the plans marked M.D. 3820, and deposited in the office of the Marine Department at Wellington, on the terms and conditions hereinafter set forth in the First Schedule hereto, and to prescribe the dues and rates to be taken and charged by the Council for the use of the said wharf and sheds:

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 said wharf and shed in the Council, subject to the conditions set forth in the First Schedule hereto, and doth hereby prescribe that the dues and rates specified in the Second Schedule hereto shall be taken and charged by the Council for the use of the said wharf and shed.

FIRST SCHEDULE.

CONDITIONS OF MANAGEMENT.

1. In these conditions the terms—

“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 part of the foreshore, and land below low-water mark adjacent thereto, necessary for the maintenance of the said wharf and shed, at the site shown on the plans marked M.D. 3820.

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 Council 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 Council’s 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 Council 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 or any buildings erected on the wharf or in connection therewith, and view the state of repair thereof; and upon the Minister leaving at or posting to the last known address of the Council in New Zealand a notice in writing of any defect or want of repair in such wharf and shed or buildings, requiring the Council, within a reasonable time to be therein prescribed,