SEPT. 10.] THE NEW ZEALAND GAZETTE. 2771

Leases of Toheroa Areas for taking for Canning or Preserving Purposes.

13. No person, firm, or company shall take toheroa, for the purpose of canning or otherwise preserving the same, from any area without a lease of such area in writing under the hand of the Minister, and subject to the regulations hereinafter specified.

14. The areas in respect of which a lease may be issued to take toheroa for canning or preserving purposes shall be those more particularly described in the Third Schedule hereto, and such other areas as may from time to time be set aside for that purpose by the Minister.

15. When any such area becomes available for leasing, the Minister may, by advertisement in a newspaper or newspapers circulating in the district, invite tenders for the lease of such area, upon and subject to such terms and conditions as he may prescribe.

16. The lessee shall have the exclusive right to take toheroa from the area included in his lease:
    Provided, however, that any persons desiring to take toheroa for their own consumption shall, subject to the provisions of Regulation 4 hereof be allowed to take them without license or charge.

17. The lease shall remain in force for a period of ten years from the date thereof, unless in the meantime such lease is cancelled as hereinafter provided, and the lessee shall not assign, charge, or part with his interest in the lease without the written consent of the Minister first obtained.

18. The lessee shall pay, on or before the dates fixed in the lease for such payments, all sums due in respect of the lease.

19. The lessee shall erect and maintain a properly equipped factory for treating the toheroa taken from the area in respect of which his lease is issued, and the factory shall be completed and in full working order within one year from the date of issue of the lease.

20. The working of the area in respect of which the lease is issued shall be under the control of an Inspector of Fisheries, who shall have power to regulate the quantity of toheroa which may be taken in order to prevent the beds being unduly depleted or injuriously affected.

21. The lessee shall forward to the Secretary, at such times and in such form as may be prescribed in that behalf, returns showing the quantities of toheroa taken by him pursuant to his lease.

22. In case the lessee shall—
    (a) Commit or suffer a breach of these regulations or any of them;
    (b) Fail to pay the sums specified in clause 16 of these regulations;
    (c) Fail to operate the area for the purpose for which the lease is granted without good and sufficient reason;
    (d) Take toheroa from any area other than that in respect of which his lease is issued; or
    (e) Work the beds in such a way that they become depleted or injuriously affected;
    then, and in any of the said cases, the Minister may cancel the said lease on giving three months’ written notice to the lessee.

General.

23. If at any time it is found that any area is being unduly depleted, or that the condition of the toheroa therein is such as to warrant any restriction on or prohibition of the taking of toheroa therefrom, the Minister may impose, for such period as he may think fit, any such restrictions or prohibition in respect of that area.

SECOND SCHEDULE.
Areas from which it is Unlawful to take Toheroa for Sale.

(a) That part of the foreshore of the west coast of the North Island south of the entrance to Kaipara Harbour.

(b) That part of the North Kaipara Beach which lies between a point one mile north of Chase’s Gorge and a point one mile south of Mahuta Gorge.

(c) That part of the North Kaipara Beach which lies between a point one mile north of Glinks Gap and a point one mile south of Glinks Gap.

(d) The east coast of the North Island.

(e) The coasts of the South Island.

(f) Any area of beach in respect of which a license has been issued to take toheroa for preserving purposes.

THIRD SCHEDULE.
Areas set aside for Licenses to take Toheroa for Canning or Preserving Purposes.

(a) All that part of the beach on the west coast of the North Island commencing at a point seven miles north of the North Head of Kaipara Harbour, and extending therefrom approximately six miles northward.

(b) All that part of the beach on the west coast of the North Island commencing at the northern boundary of the area immediately hereinafter-described and extending northward to a point one mile south of Glinks Gap.

(c) All that part of the beach known as the Ninety-mile Beach commencing at a point three miles north of Ahipara and extending generally northwards for a distance of approximately twenty-seven miles.

(d) All that area of the said beach commencing at the northern boundary of the immediately hereinafter-described area and extending generally northwards for a distance of approximately twenty-seven miles to Scott’s Point.

FOURTH SCHEDULE.
Regulations revoked.

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

Variation of an Order in Council prohibiting Alienation of certain Native Land.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 7th day of September, 1931.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS it is enacted by section one hundred and thirty-two of the Native Land Act, 1909, that any Order in Council made thereunder may at any time be varied or revoked:

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in pursuance of the power and authority vested in him, doth hereby vary an Order in Council made under the said section one hundred and thirty-two of the Native Land Act, 1909, dated the 9th day of March, one thousand nine hundred and thirty-one, regarding Hauturu West D2 and other blocks set out in the Schedule to such Order in Council by excluding and excepting from prohibition of alienation the land set out in the Schedule hereto.

SCHEDULE.

Kinohaku East 4B 2B Block, Otanake and Totoro Survey Districts: Area, 47 acres 3 roods 8 perches.

Kinohaku East 2, Section 16c 1 Block, Otanake Survey District: Area, 163 acres 2 roods 4 perches.

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

The South-western Side of Portion of Walter Street, in the Borough of Takapuna, exempted from the Provisions of Section 128 of the Public Works Act, 1928, subject to a Condition as to the Building-line.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 7th day of September, 1931.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

IN pursuance and exercise of the powers conferred 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 approve of the following reso-