Sept. 26.] THE NEW ZEALAND GAZETTE. 2539

Declaring Portions of Roads in Blocks XII and XVI, Mangaoporo Survey District, to be Government Roads.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 23rd day of September, 1929.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

IN pursuance and exercise of the powers vested in him by the Public Works Act, 1928, 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 order and declare that the portions of roads described in the Schedule hereto shall, on and after the date of this Order in Council, become Government roads.

SCHEDULE.

APPROXIMATE areas of the pieces of roads declared to be Government roads:—

A. R. P. Adjoining or passing through
4 0 7·7 Paraauamu No. 3, Block XII.
7 1 9 Poroporo, Block XII.
16 2 23·3 Rotokautuku No. 1, Block XVI.
3 0 19 ,, No. 5d2, Block XVI.
4 0 24 ,, No. 5A, Block XVI.
1 2 22 ,, No. 2F 3A, Block XVI.
1 0 31 ,, No. 2F 3B and 3A, Block XVI.

Situated in Mangaoporo Survey District (Gisborne R.D.). (S.O. 1249, brown.)

In the Gisborne Land District; as the same are more particularly delineated on the plan marked P.W.D. 66437, deposited in the office of the Minister of Public Works at Wellington, and thereon coloured green.

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

(P.W. 36/470.)

Licensing Idris Lewis, Richard Hall, Peter Ballantyne, Nugent Allan, John Graham, Samuel Marsh, John Chappel, Octavius Lewis, and Alexander John McHardy, to use and occupy Part of the Foreshore and Land below Low-water Mark of Golden Bay as a Site for a Wharf.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 23rd day of September, 1929.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS by Order in Council dated the twenty-sixth day of October, one thousand nine hundred and twenty, and published in the New Zealand Gazette, No. 89, of the twenty-eighth day of the same month, the Seaford Coal Company, Limited, was licensed to use and occupy a part of the foreshore at Puponga, in Golden Bay, in the Provincial District of Nelson, as a site for a wharf, in accordance with plan marked M.D. 2603, and deposited in the office of the Marine Department at Wellington, for a term of seven years, computed from the 1st day of March, one thousand nine hundred and seventeen;

And whereas the said licensee was, on the sixth day of May, one thousand nine hundred and twenty-one, with the consent of the Minister of Marine, transferred to Idris Lewis, Richard Hall, Peter Ballantyne, Nugent Allan, John Graham, Samuel Marsh, John Chappel, Octavius Lewis, and Alexander John McHardy (who with their executors, administrators or assigns are hereinafter called “the licensees”):

And whereas the licensees have applied for a fresh license under the Harbours Act, 1923 (hereinafter called “the said Act”), for a term of fourteen years, and it is advisable to grant 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 said Act, 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 approve of the object for which the said license is required by the licensees 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 as shown on the plans so deposited as aforesaid, for the purpose of maintaining the said wharf thereon; 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:
   “Foreshore” means such parts of the bed, shore, or banks of a tidal water as are covered or uncovered by the flow and ebb of the tide at ordinary spring tides:
   “Low-water mark” means low-water mark at ordinary spring tides.

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-water mark necessary for the maintenance of the wharf at Puponga, as shown on plan marked M.D. 2603.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensees shall, on being supplied with a copy thereof, pay to the Minister the sum of £1, and thereafter an annual sum of £1, payable on the first day of April in each year, the first of such annual payments to be made on the licensees being supplied with a copy of this Order in Council.

4. All persons shall at all reasonable times, 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.

5. 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.

6. The licensees shall maintain the above-mentioned wharf 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 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 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 wharf, requiring the licensees within a reasonable time, to be therein 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 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 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.

10. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force for fourteen years from the 1st day of March, 1924, 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.

11. 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 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 the said wharf may cause any vessel or boat to sustain through any default or neglect on the licensees’ part.

13. 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 for a period of thirty days; or
    (3) Be in any manner wound up or dissolved; or
    (4) Fail to pay the sums specified in clause three of these conditions,—