262
THE NEW ZEALAND GAZETTE.
[No. 14
purpose aforesaid, on the terms and conditions hereinafter
expressed:

Now, therefore, the Governor of the Colony of New Zea-
land, in pursuance and exercise of the power and authority
vested in him by the said Act, and with the advice and
consent of the Executive Council of the said colony, doth
hereby license and permit the Council to use and occupy
that part of the foreshore and of the land below low-
water mark immediately contiguous thereto which is par-
ticularly shown and delineated on the plans so deposited as
aforesaid, for the purpose of constructing or erecting thereon
a wharf, such license to be held and enjoyed by the Council
upon and subject to the following terms and conditions,
that is to say,—

1. The concessions and privileges conferred by this Order
   in Council shall extend and apply only to the parts of the
   foreshore and of the land below low-water mark necessary
   for the erection of such wharf, which are shown on the plan
   marked M.D. 1488.

2. That all Her Majesty's subjects shall at all reasonable
   times, upon payment of the proper dues, have free and full
   liberty to use the wharf, and full liberty of ingress and egress
   thereon.

3. That Her Majesty, or the Governor, 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 wharf without payment.

4. The Council shall maintain the above-mentioned wharf
   in good order and repair; and shall at all times exhibit
   thereon, 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 authorised 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 Council
   a notice in writing of any defect or want of repair in
   such wharf, requiring it, within a reasonable time to be
   therein prescribed, to repair the same, it shall with all
   convenient speed cause such defect to be removed or such
   repairs to be made.

6. That nothing herein contained shall authorise 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 Commissioner of Trade and Customs,
   or with any provisions of "The Harbours Act, 1878," or its
   amendments, or any regulations made thereunder, and that
   are now or may hereafter be in force.

7. That the ballast of all vessels loading at the said wharf
   shall be taken away by the Council 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.

8. That the rights, powers, and privileges conferred by this
   Order in Council shall continue in force for fourteen years,
   computed from the date of this Order in Council, 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 previous written con-
   sent of the Minister first obtained.

9. That the said rights, powers, and privileges may be at
   any time resumed by the Governor, without payment of any
   compensation whatever, on giving to the Council six 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 Council.

10. The Council shall be liable for any injury which
    the erection or maintenance of said wharf may cause any
    vessel or boat to sustain.

11. In case the Council 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 wharf;
    then and in either of the said cases this Order in Council, and
    every right, power, or privilege, may be revoked and deter-
    mined by the Governor in Council without any notice to the
    Council or other proceeding whatsoever, and publication in
    the New Zealand Gazette of an Order in Council containing
    such revocation shall be sufficient notice to the Council,
    and to all persons concerned or interested, of the fact of such
    revocation.

12. In these conditions the term "Minister" means the
    Minister having charge of the Marine Department, as de-
    fined by "The Shipping and Seamen's Act, 1877," and in-
    cludes any officer, person, or authority acting by or under
    the direction of such Minister.

FORSTER GORING,
Clerk of the Executive Council.

Vesting Management of Waiuku and Waipipi Wharves in
Waipipi Road Board.

WM. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifth day
of March, 1889.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section fourteen of "The Harbours Act,
1878," it is enacted that the Governor in Council
may vest the management of any wharf the property of Her
Majesty in any local governing body or person, upon such
terms and conditions as the Governor in Council thinks fit:

And whereas it is provided by the seventeenth section of
the said Act that in and by such Order in Council it may be
prescribed what dues and rates shall be taken by the body
or person in whom any such wharf shall be vested as afore-
said:

And whereas it is thought desirable to vest the management
of the wharves at Waiuku and Waipipi in the Waipipi
Road Board, on the terms and conditions hereinafter set
forth, and to prescribe that the dues and rates specified in
the Schedule hereto shall be charged and taken, on and after
the date of this Order in Council, for the use of the said
wharves:

Now, therefore, His Excellency the Governor of the Colony
of New Zealand, by and with the advice and consent of the
Executive Council of the said colony, and in pursuance and
exercise of the power and authority vested in him by the
said fourteenth and seventeenth sections of "The Harbours
Act, 1878," and of all other powers and authorities in any-
wise enabling him in that behalf, doth hereby vest the
management of the Waiuku and Waipipi Wharves, which
are shown on plans marked M.D. 1496 and 1497 respec-
tively, and deposited in the the office of the Marine Department,
at Wellington, in the Waipipi Road Board, subject to the
following conditions; and doth hereby prescribe that the
dues and rates specified in the Schedule hereto shall be
charged and taken on and after the date of this Order in
Council for the use of the said wharves:—

CONDITIONS.

1. That all Her 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 wharves, and of
   ingress and egress thereon.

2. That Her Majesty, or the Governor, 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 wharves without payment.

3. That the said Road Board shall maintain and keep the
   above-mentioned wharves, and all erections on the wharves,
   in good order and repair; and shall at all times permit to be
   erected and exhibited therefrom any lights for the guidance
   of vessels, and shall maintain at its own cost any such
   lights: Provided that no new light shall be exhibited until
   after it has been approved of by the Marine Department.

4. That any person authorised by the Minister having
   charge of the Marine Department, or any officer acting with
   his approval, may, at all reasonable times, enter upon the
   said wharves, and any buildings erected on the wharves, and
   view the state of repair thereof; and that, upon his leaving at
   or posting to the last known address of the said Board a notice
   in writing of any defect or want of repair in such wharves or
   buildings, requiring the Board, within a reasonable time to
   be therein prescribed, to repair the same, the said Board
   shall, with all convenient speed, cause such defect to be
   removed or such repairs to be made.

5. That the said Board shall not erect, or suffer to be
   erected, on the said wharves any building or structure what-
   ever, except with the consent of the Marine Department.

6. That the said Board shall keep a separate account of
   the receipts and expenditure on account of such wharves, 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 Marine Department, and shall
   supply any particulars in reference thereto as may be
   required by the Marine Department.

7. That nothing herein contained shall authorise the said
   Board to do or cause to be done anything repugnant to or
   inconsistent with any law relating to the Customs, or any
   regulation of the Commissioner of Trade and Customs, or
   with any provisions of "The Harbours Act, 1878," or its
   amendments, or any regulations thereunder.

8. That the rights, powers, and privileges conferred by this
   Order in Council shall continue in force for fourteen years,
   computed from the date of this Order in Council, unless in
   the meantime altered, modified, or revoked.

9. That the rights, powers, and privileges conferred under
   or by virtue of this Order in Council may be at any time
   resumed by the Governor on giving to the said Board six