And whereas it is provided by section seventeen of the said Act that in and by any 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 aforesaid:

And whereas it is thought desirable to vest in the Takaka Road Board the management of the wharves at Waitapu and Motupipi, both in the County of Collingwood, on the terms and conditions hereinafter set forth, and to prescribe the dues and rates which shall be taken by the said Board for the use of such 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 said Act, and of all other powers and authorities in anywise enabling him in that behalf, doth hereby vest the management of the wharves at Waitapu and Motupipi aforesaid in the Takaka Road Board, subject to the conditions set forth in the First Schedule hereto; and doth hereby prescribe that the dues and rates set forth in the Second Schedule hereto shall be taken by the said Board for the use of the said wharves.

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 wharves, 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 wharves without payment.

3. That the Takaka Road Board (hereinafter referred to as "the Board") shall maintain and keep the above-mentioned wharves, and all erections on or in connection with 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 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 wharves by the Board shall be applied to keeping the said wharves and all erections on or in connection with such wharves 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 enter upon the said wharves, and any buildings erected on the wharves or in connection therewith, and view the state of repair thereof; and that, upon his leaving at or posting to the last known address of the 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 make good or 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 Board shall not erect, or suffer to be erected, on the said wharves any building or structure whatever, except with the consent of the said Minister.

7. That the Board shall keep a separate account of the receipts and expenditure on account of such wharves and premises, 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 Board shall appoint all officers necessary for the working and management of the wharves.

9. That nothing herein contained shall authorise the 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 seven 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 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 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 wharves 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 hereinbefore set forth, or any of them; or

(2.) Cease to use or occupy the said wharves, or either of them, 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 notice to the said Board 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 Board, and to all persons concerned or interested, of the facts stated in such Order in Council.

SECOND SCHEDULE.

Sawn timber, per 1,000ft., with right to remain on wharf four weeks

Sawn timber, after first four weeks, for every week or part of a week, per 1,000ft.

Bricks, per 1,000

Bricks, minimum charge

Sheep, pigs, and calves, up to 40, each

Sheep, pigs, and calves, over 40, each

Cattle and horses, each

All goods by weight or measurement, per ton or part of a ton

Posts and rails, per 100

Firewood, per cord

Wool, hops, and flax, per bale

Palings, per 1,000

Shingles, per 1,000

Passengers' luggage, not exceeding 100lb.

Storage.

Per ton, or part of a ton, per week or part of a week.

Labour, if required, per ton

Labour, if less than half a ton

Goods left on wharf over twelve hours shall be liable to storage after 5 p.m. All goods not requiring storage may be allowed to remain on wharves one week, but the Board will incur no responsibility for such goods.

ALEX. WILLIS,

Clerk of the Executive Council.

Pilotage for Kaipara.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fourth day of July, 1893.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by the two hundred and fifteenth section of "The Harbours Act, 1878," it is, among other things, enacted that every Harbour Board shall have power from time to time, by by-laws, to do the following things for and within the limits of the harbour under the control of such Harbour Board—namely, to fix and authorise the levying of Harbourmasters' fees and port charges, and to fix and alter pilotage rates:

And whereas by the twelfth section of the said Act it is enacted that in harbours where there is no Harbour Board the Governor in Council shall have all the powers, functions, duties, and authorities by that Act conferred upon Harbour Boards, and may exercise the same in accordance with the said Act:

And whereas there is no Harbour Board for the Harbour of Kaipara:

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, in pursuance and exercise of the powers and authorities vested in him by the hereinbefore in part recited Act, doth hereby make the following by-law in respect of the Harbour of Kaipara.