1424
THE NEW ZEALAND GAZETTE.
[No. 68

5. 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 said wharf without payment.
6. The licensee shall maintain the above-mentioned wharf
   in good order and repair; and shall at all times exhibit
   therefrom and maintain at her own cost suitable and neces-
   sary lights for the guidance of vessels: Provided that no
   light shall be exhibited until after it has been approved of by
   the Minister.
7. Any person authorised by the Minister may at all rea-
   sonable 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 licensee a notice in
   writing of any defect or want of repair in such wharf, re-
   quiring her, within a reasonable time, to be therein pre-
   scribed, to repair the same, she shall with all convenient
   speed cause such defect to be removed or such repairs to be
   made.
8. Nothing herein contained shall authorise the licensee
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any regula-
   tion 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.
9. The ballast of all vessels loading at the said wharf shall
   be taken away by the licensee and deposited above high-water
   mark, or at such place as may be approved of by the Minister,
   by the Harbourmaster at Collingwood, or by any person
   appointed by the Minister for that purpose.
10. The rights, powers, and privileges conferred by or under
    this Order in Council 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 licensee shall not
    assign, charge, or part with any such right, power, or privilege
    without the written consent of the Minister first obtained.
11. 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 licensee six calen-
    dar 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 licensee.
12. The licensee shall be liable for any injury which the
    said wharf may cause any vessel or boat to sustain through
    any default or neglect on her part.
13. In case the licensee shall—
    (1.) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them;
    (2.) Cease to use or occupy the said wharf for a period
    of thirty days;
    (3.) Become bankrupt, or be in any manner brought
    under the operation of any Act for the time being
    in force relating to bankruptcy; or
    (4.) Fail to pay the sum specified in clause 3 of these
    conditions,
    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 licensee 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 licensee, and to all persons concerned or interested,
    that this Order in Council, and the license, rights, and
    privileges thereby granted and conferred, have been revoked
    and determined.

ALEX. WILLIS,
Clerk of the Executive Council.

Vesting Management of Tea Point Wharf in Omaha Road
Board.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this ninth day
of September, 1895.

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 thought desirable to vest in the Omaha
Road Board the management of the wharf situated at Tea
Point, in Whangateau Harbour, on the terms and conditions
hereinafter set forth:

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 pursu-
ance and exercise of the power and authority vested in him
by the said fourteenth section of the said Act, and of all
other powers and authorities in anyway enabling him in
that behalf, doth hereby vest the management of the Tea
Point Wharf aforesaid, as shown on plan marked M.D. 2015,
and deposited in the office of the Marine Department at
Wellington, in the Omaha Road Board, subject to the
following conditions:—

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 Omaha Road Board (hereinafter referred to
   as "the Board") shall maintain and keep the above-men-
   tioned wharf, and all erections on or in connection therewith,
   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
   wharf by the Board shall be applied to keeping the said
   wharf and all erections on or in connection therewith 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 wharf, and any buildings erected thereon
   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 wharf 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 wharf 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 wharf and pre-
   meses, 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 wharf.
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 con-
    ferred 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 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 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 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.

ALEX. WILLIS,
Clerk of the Executive Council.