Feb. 24.] THE NEW ZEALAND GAZETTE. 367

Vesting Management of Howick Wharf in the Howick Township Road Board, making Regulations, and prescribing Dues.

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RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this fifteenth day of February, 1898.

Present:

RIGHT HONOURABLE R. J. SEDDON PRESIDING 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 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 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 provided by the said Act that in harbours where there is no Harbour Board the Governor in Council shall have all the powers, functions, duties, and authorities by such Act conferred upon Harbour Boards, and may exercise the same under regulations to be made in manner provided by section 212 of the said Act: And whereas there is no Harbour Board having jurisdiction in the Harbour of Howick:

And whereas it is thought desirable to vest in the Howick Township Road Board the management of the Howick Wharf, on the terms and conditions hereinafter set forth, to make regulations, and to prescribe the dues and rates which shall be taken by the said Board for the use of such 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 Howick Wharf, situated at Howick, on the Tamaki Strait, as shown on plan marked P.W.D. 17471, and deposited in Public Works Department at Wellington, in the Howick Township Road Board, subject to the conditions set forth in the First Schedule hereto; 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 wharf; and doth hereby make the regulations contained in the Third Schedule hereto, and doth order that the same shall, on and after the date of this Order in Council, apply to the wharf aforesaid.

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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 Howick Township Road Board (hereinafter referred to as “the Board”) shall maintain and keep the above-mentioned 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 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 Board shall, with all convenient speed, cause such defect to be removed or such repairs to be made.

5. 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.

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

7. The 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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 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 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.

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SECOND SCHEDULE.

WHARFAGE.

On every vessel lying alongside the wharf, for each day or part of a day .. .. .. .. 2 6
For use of truck, per load.. .. .. .. 0 3

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THIRD SCHEDULE.

REGULATIONS.

1. No person shall bathe off the wharf between the hours of 8 a.m. and 6 p.m.

2. Any person committing a breach of the above regulation shall be liable to a penalty not exceeding £5.

ALEX. WILLIS,
Clerk of the Executive Council.

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Prescribing Close Season for Oysters in Pelorus and Queen Charlotte Sounds and Tory Channel.

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RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this fifteenth day of February, 1898.

Present:

THE RIGHT HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

WHEREAS by “The Sea-fisheries Act, 1894,” it is enacted that the Governor in Council may from time to time make regulations which shall have general force and effect throughout the colony, or particular force and effect only in any waters or places specified therein, for, amongst other things, prescribing in any place a close season for oysters over any term not exceeding three years, and, before the expiration of such term, further extending the same:

And whereas it is desirable to prescribe a close season for oysters in the Pelorus and Queen Charlotte Sounds and Tory Channel:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in exercise and pursuance of the powers conferred upon him by the said Act, and by and with the advice and consent of the Executive Council of the said colony, doth hereby make the following regulation:—

REGULATION.

The period from the 1st February, 1898, to the 31st January, 1899, is hereby prescribed a close season for oysters in the Pelorus and Queen Charlotte Sounds and Tory Channel, and in all bays and inlets therein. During such close season it shall be unlawful for any person to take any oysters in such sounds, channel, bays, and inlets.

ALEX. WILLIS,
Clerk of the Executive Council.