JULY 18.]
THE NEW ZEALAND GAZETTE.
789
Revoking Order in Council vesting Management of Havelock | after the date of the publication in the New Zealand Gazette
Wharf in Pelorus Road Board, &c.

of this Order in Council, for the use of the said wharf.

ONSLOW, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, this seventeenth
day of July, 1889.
Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by Order in Council dated the twenty-
seventh day of March, one thousand eight hundred
and eighty-five, and published in the New Zealand Gazette
No. 20, of the second day of April in the same year, His
Excellency the Governor in Council did, in pursuance of the
provisions of "The Harbours Act, 1878" (hereinafter termed
"the said Act"), vest the management of the Havelock
Wharf (which said wharf is delineated on plan marked M.D.
763, deposited in the office of the Marine Department) in
the Pelorus Road Board:

And whereas by Order in Council dated the twenty-fifth
day of August, one thousand eight hundred and eighty-five,
and published in the New Zealand Gazette No. 50, of the
same month, rates and dues were prescribed and regulations
made for the said wharf:

And whereas it is expedient to revoke the said Orders in
Council, and to resume the rights, powers, and privileges
conferred under or by virtue of them, and the Pelorus Road
Board has consented to the said Orders in Council being
revoked, and to the said rights, powers, and privileges being
resumed by the Governor without giving the said Board
notice in writing as provided by clause nine of the conditions
of the said Order in Council of the twenty-seventh day of
March, one thousand eight hundred and eighty-five:

Now, therefore, His Excellency the Governor of the
Colony of New Zealand, in exercise of the powers conferred
by the said Act, and of all other powers enabling him in this
behalf, and acting by and with the advice and consent of the
Executive Council of the said colony, and also with the con-
sent of the Pelorus Road Board, doth hereby revoke and deter-
mine the said recited Orders in Council of the twenty-seventh
day of March, one thousand eight hundred and eighty-five,
and the twenty-fifth day of August, one thousand eight hun-
dred and eighty-five, and every right, power, and privilege
respectively conferred thereby upon the Pelorus Road Board,
or intended so to be.

ALEX. WILLIS,
Clerk of the Executive Council.

Vesting Management of Havelock Wharf in the Havelock
Town Board, and fixing Dues, Rates, and Regulations.

ONSLOW, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, this seventeenth
day of July, 1889.
Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section fourteen of "The Harbours Act,
1878" (hereinafter termed "the said Act"), it is
enacted that the Governor in Council may vest the manage-
ment 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 wharf at Havelock in the Havelock Town Board, on
the terms and conditions hereinafter set forth, and to pre-
scribe that the dues and rates specified in the Second Schedule
hereto shall be charged and taken for the use of the said
wharf:

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 said Act,
and of all other powers and authorities in anywise enabling
him in that behalf, doth hereby vest the management of
the Havelock Wharf, which is shown on plan marked M.D.
763, and deposited in the office of the Marine Department
at Wellington, in the Havelock Town Board, subject to the
conditions set forth in the First Schedule hereto; and doth
hereby prescribe that the dues and rates specified in the
Second Schedule hereto shall be charged and taken, on and

And His Excellency the Governor of the said colony, with
the like advice and consent, and in pursuance and exercise
of the power and authority granted to him by the said Act,
and of all other powers and authorities enabling him in this
behalf, doth hereby make the regulations contained in the
Third Schedule hereto, and doth order that the same shall,
on and after the date of the publication of this Order in
Council in the New Zealand Gazette, apply to the Port or
Harbour of Havelock and to the wharf aforesaid.

FIRST SCHEDULE.
CONDITIONS OF MANAGEMENT.

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 wharf, and rights of
   ingress and egress thereto and therefrom.

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,
   over, and out of the wharf without payment.

3. That the said Town Board shall maintain and keep the
   above-mentioned wharf, and all erections on the wharf,
   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 Minister for the time
   being having charge of the Marine Department (hereinafter
   referred to as "the said Minister").

4. That all dues and rates received on account of the said
   wharf by the Board shall be applied to keeping the said wharf
   and all erections on the wharf in good order and repair.

5. That any person authorised by the said Minister, or
   any officer acting with his approval, may, at all reasonable
   times, enters upon the said wharf, and any buildings erected
   on the wharf, 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 wharf 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.

6. That the said Board shall not erect, or suffer to be
   erected, on the said wharf any building or structure what-
   ever, except with the consent of the said Minister.

7. That the said Board shall keep a separate account of
   the receipts and expenditure on account of such wharf, 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 said Minister, and shall supply
   any particulars in reference thereto as may be required by
   the said Minister, or any person acting with his approval.

8. That the said Board shall appoint all officers necessary
   for the working and management of the wharf.

9. 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.

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

11. That the rights, powers, and privileges conferred under
    or by virtue of the foregoing Order in Council may be at
    any time resumed by the Governor on giving to the said
    Board six calendar months' notice in writing. Any such
    notice shall be sufficient if given by the Governor or the
    said Minister, or by any person acting under his or their
    instructions, and delivered at or posted to the last known
    address of the said Board, its successors or assigns. No
    compensation or allowance shall be payable in such case.

12. The Board shall be liable for any injury which may
    be caused at the said wharf to any vessel or boat through
    any default or neglect on the part of the Board.

13. In case the Board 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 for a period of
    thirty consecutive days,

then and in either of the said cases every right, power, or
privilege hereby conferred may be revoked and determined
by the Governor in Council without any notice to the Board
or other procceding whatsoever, and publication in the New
Zealand Gazette of an Order in Council containing such
revocation shall be sufficient notice to the Board, and to all
persons concerned or interested, of the facts stated in such
Order in Council.