1014
THE NEW ZEALAND GAZETTE.
[No. 46

acting with the advice and consent of the Executive Council thereof, doth hereby revoke a certain Order in Council, dated the fourth day of June, one thousand eight hundred and ninety-four, 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 Timaru Public Domain Board, namely,—

JAMES HUTCHINSON SUTTER,
DAVID STUART,
ROBERT H. FERGUSON,
WILLIAM GUNN,
ALEXANDER SINCLAIR,
WILLIAM PRIEST, and
THOMAS PRINGLE

(hereinafter referred to as “the Board”), subject to the stipulations hereinafter contained, that is to say,—

1. The Board shall meet for the transaction of business on the first Monday in each month, at three o’clock p.m., at Timaru or at such other time or place as may from time to time be fixed by the Board. The first meeting shall be held on Monday, the first day of August, one thousand eight hundred and ninety-eight.

2. Special meetings may be convened by the Chairman or by any two members of the Board, provided that two days’ notice of such meeting be given to each member, specifying the business to be transacted at such special meeting, and no other business than that so specified shall be transacted at such meeting.

3. Any three of the said Board shall form a quorum. Any meeting may be adjourned from time to time.

4. The members of the Board shall, at their first meeting, and thereafter at an annual meeting to be held on the first Monday in February in every succeeding year thereafter, elect one of themselves to be Chairman, who may join in the discussion, and shall have an original as well as a casting vote. The Chairman shall hold office until the election of his successor.

5. If at any meeting the Chairman is not present at the time appointed for holding the same, the members present shall choose some one of their number to be chairman of such meeting.

6. If, by resignation, death, or incapacity, or otherwise, the office of Chairman shall be or become vacant, the members may at any monthly or special meeting appoint a Chairman.

7. All questions shall be determined by the majority of votes of the members of the Board present at a meeting.

———

SCHEDULE.

ALL that parcel of land in the Canterbury Land District, containing by admeasurement 8 acres 1 rood 18 perches, more or less, being part of Reserve No. 102, situate in the suburbs of Timaru. Bounded towards the north by a public road; towards the east by a road along the beach; towards the south by Abattoir Reserve; and towards the west by Suburban Section No. 1702.

J. F. ANDREWS,
Acting-Clerk of the Executive Council.

———

Vesting Management of Riwa\ka Wharves in the Riwa\ka Road Board, and prescribing Wharfage and Storage Dues.

———

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this eighteenth day of June, 1898.

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 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 thought desirable to vest in the Riwa\ka Road Board the management of the two wharves at Riwa\ka, which are shown on plan marked M.D. 2195, and deposited in the Office of the Marine Department, at Wellington, on the terms and conditions hereinafter set forth, and to prescribe the dues and rates which shall be taken by the said Council the use of such wharves and for storage of goods:

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 Riwa\ka wharves, which are shown on plan marked M.D. 2195, in the Riwa\ka 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 Council for the use of the said wharves and premises.

———

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 Riwa\ka Road Board (hereinafter referred to as “the Board”) shall maintain and keep the above-mentioned wharves, 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 wharves, and any buildings erected thereon or in connection therewith, and view the state of repairs 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 either of them, or in the buildings connected therewith, 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 wharves 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 wharves.

7. The Board shall keep a separate account of the receipts and expenditure on account of such wharves, and shall cause such account to be balanced to the 31st 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 made 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’ previous 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 wharves 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 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 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.