Feb. 23.] THE NEW ZEALAND GAZETTE. 241

Now, therefore, His Excellency the Governor of the Colony 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 by and with the advice and consent of the Executive Council of the said colony, doth hereby approve of the 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 a strip of the foreshore or land between high- and low-water mark of Akaroa Harbour on its eastern boundary, and to the west of the road reserve running along the westernmost boundary of Rural Section 4963, commencing at a point to the west of the northernmost corner of Rural Section 4963, and bounded by a line being the prolongation of the northern boundary of the said Section 4963, and thence running southerly and westerly at a width of 10 links and upwards, for a distance of 23 chains, and including the rocky platform at the South Bluff, as the same is more particularly delineated in red on the said plan marked M.D. 1801, so deposited as aforesaid, for the purpose of constructing thereon a road, causeway, and platform, 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 part of the foreshore of Akaroa Harbour on its eastern boundary, and to the west of the road reserve running along the westernmost boundary of Rural Section 4963, commencing at a point to the west of the northernmost corner of Rural Section 4963, and bounded by a line being the prolongation of the northern boundary of the said Section 4963, and thence running southerly and westerly a distance of 23 chains, and including the rocky platform at the South Bluff, as the same is more particularly delineated in red on the said plan marked M.D. 1801, and deposited in the office of the Marine Department as aforesaid.

2. 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 previous written consent of the Minister first obtained.

3. The Council shall, during the continuance of the said license, maintain the said road, causeway, and platform constructed on the foreshore included in such license in good order and repair.

4. Any person authorised by the Minister may, at all reasonable times, enter upon the said road, causeway, and platform, or any part thereof, and view the state of repair thereof; and upon such Minister leaving at or posting to the office of the Council a notice in writing of any defect or want of repair in the said road, causeway, and platform, requiring the Council within a reasonable time, to be therein prescribed, to remove or repair the same, it shall with all convenient speed cause such defect to be removed or such repairs to be made.

5. 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.

6. The rights, powers, and privileges conferred or granted by this Order in Council may be at any time resumed by the Governor, 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 to or posted to the Council.

7. The Council shall be liable for any injury which the said road, causeway, and platform may cause any vessel or boat to sustain through any default or neglect on its part.

8. In case the Council shall—
   (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them; or
   (2.) Cease to use or occupy the said road, causeway, and platform for a period of three calendar months,
   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 in Council without any notice to the Council or other proceedings 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, that this Order in Council, and the license, rights, and privileges hereby granted to the Council, have been revoked and determined.

9. In these conditions the term “Minister” means the Minister having charge of the Marine Department, as defined by “The Shipping and Seamen’s Act, 1877,” and includes any officer, person, or authority acting by or under the direction of such Minister.

ALEX. WILLIS,
Clerk of the Executive Council.

Prescribing Dues and Rates for the Use of the Rodney County Wharves.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this eighth day of February, 1893.

Present:
THE HONOURABLE SIR P. A. BUCKLEY, K.C.M.G., PRESIDING IN COUNCIL.

WHEREAS by Order in Council dated the eleventh day of March, one thousand eight hundred and eighty-five, and published in the New Zealand Gazette No. 15, of the twelfth day of the same month, the management of the wharf at Port Albert was vested in the Rodney Council (hereinafter called “the said Council”): And whereas by Order in Council dated the sixteenth day of April, one thousand eight hundred and eighty-six, and published in the New Zealand Gazette No. 25, of the twenty-ninth day of the same month, the management of the wharves at Mahurangi Heads, Matakana Sandspit, Upper Matakana, Puhoi, and Warkworth was vested in the said Council: And whereas it is desirable to prescribe dues and rates to be taken for the use of the said wharves:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, acting 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 conferred upon him by the seventeenth section of “The Harbours Act, 1878,” the fourth section of “The Harbours Act Amendment Act, 1879,” and of all other powers and authorities enabling him in that behalf, doth hereby prescribe the dues and rates set forth in the Schedule hereto to be taken by the said Council for the use of either of the said wharves at Port Albert, Mahurangi Heads, Matakana Sandspit, Upper Matakana, Puhoi, and Warkworth, subject, however, to the terms and conditions of the hereinbefore-mentioned Orders in Council and the provisions of “The Harbours Act, 1878,” and any Act amending the same.

SCHEDULE.

STEAMERS and sailing-vessels regularly trading to the wharves:—
Under 50 tons register, per annum .. .. £ 2 0 0
Over 50 tons register, per ton per annum .. 0 1 0

Steamers and sailing-vessels not being regular traders, and not wishing to pay the annual dues:—
Under 100 tons, per day .. .. .. 0 10 0
Over 100 tons, per day .. .. .. 1 0 0

ALEX. WILLIS,
Clerk of the Executive Council.

Powers delegated to the Pahautanui Domain Board under “The Public Domains Act, 1881.”

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this eighth day of February, 1893.

Present:
THE HONOURABLE SIR P. A. BUCKLEY, K.C.M.G., PRESIDING IN COUNCIL.

IN exercise and pursuance of the powers and authorities vested in him by “The Public Domains Act, 1881,” His Excellency the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council thereof, doth hereby revoke a certain Order in Council, dated the eighteenth day of December, one thousand eight hundred and eighty-eight, making delegation of certain powers in manner as therein appears; and doth, with the like advice and consent, by this present order, delegate, but only with respect to the piece or parcel of land described in the Schedule hereto, all the powers conferred by the Act aforesaid, except the powers under or conferred by sections five and twelve thereof, to the under-mentioned persons, who shall be known as the Pahautanui Public Domain Board, namely,—