JUNE 18.] THE NEW ZEALAND GAZETTE. 951

Lands taken for a Road in the Matakohe Survey District.

(L.S.) GLASGOW, Governor.

A PROCLAMATION.

WHEREAS the lands mentioned in the Schedule hereto are required to be taken, under “The Public Works Act, 1894,” for a certain work, to wit, the construction of a road in the Parish of Paparoa, in the County of Otamatea:

And whereas the Otamatea County Council has laid before the Governor the memorial, accompanied by a map, and also the statutory declaration, required by the said Act:

Now, therefore, I, David, Earl of Glasgow, the Governor of the Colony of New Zealand, in exercise and pursuance of the powers and authorities in me vested by “The Public Works Act, 1894,” and of every other power and authority in anywise enabling me in that behalf, do hereby proclaim and declare that, from and after the date of the publication hereof in the New Zealand Gazette, the lands mentioned in the Schedule hereto are hereby taken for the purposes of the construction of the said road.

SCHEDULE.

THE several parcels of land mentioned in list hereunder:—

All in the Auckland Land District; as the same are more particularly delineated on the plans marked as above mentioned, deposited in the Head Office, Department of Lands and Survey, at Wellington, in the Wellington Land District, and thereon coloured as above mentioned.

Given under the hand of His Excellency the Right Honourable David, Earl of Glasgow; Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George; Governor and Commander-in-Chief in and over Her Majesty’s Colony of New Zealand and its Dependencies; and issued under the Seal of the said Colony, at the Government House, at Wellington, this sixteenth day of June, in the year of our Lord one thousand eight hundred and ninety-six.

JOHN MCKENZIE,
Minister of Lands.

GOD SAVE THE QUEEN!

Vesting Management of Waiuku Wharf in Waiuku Road Board.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifteenth day of June, 1896.

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 aforesaid:

And whereas it is thought desirable to vest the management of the wharf at Waiuku in the Waiuku 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 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 Harbours Act, 1878,” and of all other powers and authorities in anywise enabling him in that behalf, doth hereby vest the management of the Waiuku Wharf, which is shown on plan marked M.D. 1497, and deposited in the office of the Marine Department, at Wellington, in the Waiuku 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 wharf.

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 wharf, 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 wharf without payment.

3. That the said Road 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 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 wharf, and any buildings erected thereon, 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.

5. That the said Board shall not erect, or suffer to be erected, on the said wharf, any building or structure whatever, 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 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 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 calendar months’ notice in writing. Any such notice shall be sufficient if given by the Governor or the Minister having charge of the Marine Department, or any person acting under his or their instructions, and delivered at or posted to the last known address of the said Board, their successors or assigns. No compensation or allowance shall be payable in such case.

10. The Board shall be liable for any injury which the said wharf may cause any vessel or boat to sustain through any default or neglect on its part.

11. 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 wharf,
    then and in either of the said cases this Order in Council, and every right, power, or privilege, may be revoked and determined by the Governor in Council without any notice to the 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 that this Order in Council, and the rights and privileges thereby conferred, have been revoked and determined.

SCHEDULE.

THE charge for every vessel hauling alongside the wharf shall be 1s. per day for every day or part of a day that a vessel is alongside the wharf.

ALEX. WILLIS,
Clerk of the Executive Council.