Feb. 25.] THE NEW ZEALAND GAZETTE. 391

SCHEDULE.

CONDITIONS OF MANAGEMENT.

1. IN these conditions the terms—
   “ Foreshore ” means such parts of the bed, shore, or
   banks of the tidal water as are covered and un-
   covered 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 in-
   cludes 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 jetty and shed
   at the site shown on the plan marked M.D. 2593.

3. All persons shall, at all reasonable times, and upon
   payment of the proper dues, have free and full liberty to
   use the above-mentioned jetty and shed, and all 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 jetty and shed without payment.

5. The Trustees shall maintain and keep the above-
   mentioned jetty and shed and all erections on or in con-
   nection with the jetty and shed in good order and repair ;
   and shall at all times exhibit therefrom, and maintain at the
   Trustees’ 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 jetty
   and shed by the Trustees shall be applied to keeping such
   jetty and shed and all erections on or in connection with
   such jetty and shed, in good order and repair.

7. Any person authorized by the Minister may at all
   reasonable times enter upon the above-mentioned jetty and
   shed and any buildings erected thereon 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 Trustees in New Zealand a notice in writing of any
   defect or want of repair in such jetty and shed or buildings,
   requiring the Trustees, within a reasonable time to be therein
   prescribed, to make good or repair the same, the Trustees
   shall, with all convenient speed, cause such defect to be
   removed or such repairs to be made.

8. The master of all vessels discharging ballast at the said
   jetty shall have all such ballast taken away 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.

9. The Trustees shall not erect or suffer to be erected on
   the said jetty and shed any buildings or structure whatever,
   except with the consent of the Minister first obtained.

10. The Trustees shall keep a separate account of the
    receipts and expenditure on account of such jetty and shed,
    and shall cause such account to be balanced to the thirty-
    first day of March in every year, and shall send a copy of
    such account, when balanced, to the Minister, and shall
    supply any particulars in reference thereto as may be required
    by the Minister.

11. The Trustees shall appoint all officers necessary for the
    working and management of the said jetty and shed.

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

13. The rights, powers, and privileges hereby conferred
    shall continue to be 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 Trustees shall not assign, charge, or part
    with any such right, power, or privilege without the previous
    written consent of the Minister first obtained.

14. The rights, powers, and privileges conferred under or
    by virtue of this Order in Council may be at any time resumed
    by the Governor-General without payment of any compensa-
    tion whatever, on giving the Trustees 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 Trustees in New Zealand.

15. The Trustees shall be liable for any injury which may
    be caused by the said jetty and shed to any vessel or boat
    through any default or neglect on the part of the Trustees.

16. In case the Trustees shall—
    (1) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them ; or
    (2) Cease to use or occupy the said jetty and shed for a
    period of thirty consecutive days ;
    then, and in either of the said cases, this Order in Council and
    every license, right, power, or privilege may be revoked and
    determined by the Governor-General in Council without any
    notice to the Trustees or other proceedings whatsoever ; and
    publication in the Gazette of an Order in Council containing
    such revocation shall be sufficient notice to the Trustees and
    to all persons concerned or interested that this Order in
    Council, and the licenses, rights, and privileges thereby
    granted and conferred have been revoked and determined.

17. 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 Trustees shall, if required
    by the Minister so to do, remove the said jetty and shed
    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 Trustees fail so
    to do, the Minister may cause the said jetty and shed to be
    removed and the site so restored, and may recover the costs
    incurred by the said removal and restoration from the
    Trustees.

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

Vesting the Control of a Reserve in the Rotorua Borough Council.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 22nd day of
February, 1932.

Present :

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS the land described in the First Schedule hereto
has been duly set apart as a reserve for a site for an
aerodrome :

And whereas it is expedient that the control of the said
reserve should be vested in the Rotorua Borough Council :

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 exercise of the powers and authorities conferred upon him
by section seventeen of the Public Reserves, Domains, and
National Parks Act, 1928, doth hereby vest the control of
the said reserve in the Rotorua Borough Council, subject to
the conditions hereinafter contained, that is to say :—

(1) The State Forest Service shall be permitted to use the
area of 20 acres 1 rood as described in the Second
Schedule hereto for the purposes of a tree nursery for
a period of at least two years from the date hereof.

(2) The Minister of Lands may at any time, upon giving one
month’s notice in writing, resume such portion of the
aerodrome-site reserve, estimated to contain 8 acres,
approximately, and being the south-eastern corner of
Section 80, Rotorua Suburbs, as may be required for
road or railway purposes, without payment of any
compensation whatsoever.

FIRST SCHEDULE.

ALL that area in the Auckland Land District, containing by
admeasurement 79 acres 0 roods 12·86 perches, more or less,
being Section 80, Suburbs of Rotorua : Bounded towards the
north by Te Mapu Street ; towards the east by Cemetery
Road ; towards the south by Sala Street ; and towards the
west by Fenton Street. As the same is more particularly
delineated on the plan marked L. and S. 22/3455c, deposited
in the Head Office, Department of Lands and Survey, at
Wellington, and thereon edged red.

Also all that area in the Auckland Land District, contain-
ing by admeasurement 5 acres 2 roods 6·03 perches, more or
less, being Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 30, 31, 32, 33,
34, 35, 36, 37, 38, 39, 40, and 41 of Section 82, Suburbs of
Rotorua : Bounded towards the north by Maida Vale Street,
1582·2 links ; towards the east by Hilda Street, 350 links ;
towards the south by Te Mapu Street, 1582·2 links ; and
towards the west by Fenton Street, 350 links. As the same
is more particularly delineated on the plan marked L. and S.
22/3455D, deposited in the Head Office, Department of Lands
and Survey, at Wellington, and thereon edged red.

Also all that area in the Auckland Land District, contain-
ing by admeasurement 4 acres 2 roods 24·6 perches, more or
less, being Lots 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23,
24, 25, 26, 27, 28, and 29 of Section 82, Suburbs of Rotorua :