JULY 31.] THE NEW ZEALAND GAZETTE. 2297

Prohibiting all Alienation of certain Native Land other than Alienation in favour of the Crown.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 28th day of July, 1930.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

ON the recommendation of the Native Land Purchase Board, referred to in section three hundred and sixty-three of the Native Land Act, 1909, and in exercise of the power in this behalf conferred upon him by that section, 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 prohibit, for the period of one year from the date of this Order in Council, all alienations of the Native lands specified in the Schedule hereto other than alienations in favour of the Crown.

SCHEDULE.

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

licensing the Chatham Islands County Council to use and occupy a Part of the Foreshore and Land below Low-water Mark at Waitangi, Chatham Islands, as a Site for a Wharf and Shed.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 28th day of July, 1930.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned under the Harbours Act, 1923 (hereinafter called “the said Act”), the Chatham Islands County Council (who, with its successors and assigns, is hereinafter referred to as “the Council”) has applied to the Governor-General in Council for a license under the said Act to use and occupy a part of the foreshore and land below low-water mark at Waitangi, Chatham Islands, in order to erect and maintain a wharf and shed thereon; and, in accordance with the one-hundred-and-seventy-first section of the said Act, has deposited plans in the office of the Marine Department at Wellington (marked M.D. 6450), showing the area of foreshore and land below low-water mark intended to be occupied, and the manner in which it is proposed to erect the wharf and shed:

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:

And whereas it is expedient that a license should be granted and issued to the Council under the said Act, for the purposes aforesaid, on the terms and conditions hereinafter expressed:

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 purpose or object for which the said license is required by the Council 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 Council to use and occupy that part of the foreshore and land below low-water mark on which the said wharf and shed are to be erected, as shown on the plan M.D. 6450, so deposited as aforesaid, for the purpose of erecting and maintaining the said wharf and shed, such license to be held and enjoyed by the Council upon and subject to the terms and conditions set forth in the Schedule hereto.

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 the part of the foreshore and land below low-water mark necessary for the erection of the said wharf and shed as shown on the plan marked M.D. 6450, and deposited in the office of the Marine Department as aforesaid.

3. His Majesty or the Governor-General, and all persons in the Government service acting and in the execution of their duties, shall at all times have free ingress, passage, and egress into, through, over, and out of the said wharf and shed without payment.

4. The Council shall maintain the above-mentioned wharf and shed in good order and repair; and shall at all times exhibit therefrom, and maintain at its 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.

5. Any person authorized by the Minister may at all reasonable times enter upon the said wharf and shed and view the state of repair thereof; and upon such Minister leaving at or posting to the last-known registered office of the Council in New Zealand a notice in writing of any defect or want of repair in such wharf or shed, requiring the Council within a reasonable time, to be therein prescribed, to repair the same, the Council shall with all reasonable speed cause such defect to be removed or such repairs to be made.

6. Nothing herein contained shall authorize the Council 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.

7. The rights, powers, and privileges conferred by or under 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 Council shall not assign, charge, or part with any such right, power, or privilege, without the written consent of the Minister first obtained.

8. The said rights, powers, and privileges may be at any time resumed by the Governor-General, and the Council may be required to remove the wharf and shed at the Council’s own cost, without payment of any compensation whatever, on giving to the Council 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 registered office of the Council in New Zealand.

9. The Council shall be liable for any injury which the said wharf or shed may cause any vessel or boat to sustain through any default or neglect on the Council’s part.