768
THE NEW ZEALAND GAZETTE.
[No. 27

Vesting Management of Mangonui Wharf in Mangonui County Council.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this fifteenth day of March, 1905.

Present:

THE HONOURABLE SIR J. G. WARD, K.C.M.G., PRESIDING 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 His 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 Mangonui in the Mangonui County Council, on the terms and conditions herein 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 any-wise enabling him in that behalf, doth hereby vest, as from the fifth day of August, one thousand eight hundred and ninety-eight, the management of the wharf at Mangonui, which is shown on plans marked M.D. 862, 1811, and 1812, and deposited in the office of the Marine Department, in the Mangonui County Council (hereinafter called “the Council”), subject to the following conditions; and doth hereby prescribe that the dues and rates specified in the Schedule hereto shall be charged and taken by the Council for the use of the said wharf:—

CONDITIONS.

1. That all His 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 and therefrom.

2. That His 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 Council 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 on the wharf, and view the state of repair thereof; and that, upon his leaving at or posting to the last known address of the Council a notice in writing of any defect or want of repair in such wharf or buildings, requiring the Council within a reasonable time, to be therein prescribed, to repair the same, the said Council shall with all convenient speed cause such defect to be removed or such repairs to be made.

5. That the Council 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 Council 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 March in each year, and shall send a copy of such account when balanced to the Marine Department, and shall supply any particulars in reference thereto that may be required by the Marine Department.

7. That nothing herein contained shall authorise the Council 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 fifth day of August, one thousand eight hundred and ninety-eight, 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 Council three 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 Council, their successors or assigns. No compensation or allowance shall be payable in such case.

10. The Council 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 Council 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 Council 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 Council, 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.

WHARF DUES.

Inwards.

Wheat, maize, oats, potatoes, grass-seed, bran, and sharps, per sack 0 3
Chaff, per sack.... 0 1
Hay, per cwt. 0 1
Butter, per box 0 1
Fowls, per half-dozen 0 3
" over " 0 6
Sheep, per head .. 0 1
Cattle, including calves, per head .. 0 6
Horses, per head.. 1 0
Pigs, per head 0 2
Flour and sugar, per ton .. 1 0
" half-ton 0 9
" sack.. 0 3
" 100 lb. 0 2
" 50 lb. 0 1
Fruit of all kinds, per case or sack .. 0 6
Timber, per 100 ft. superficial 0 1
Bricks, per 100 0 3
All conveyances, each 1 0
All other goods, by measurement, per ¼ ton.. 0 3
" ½ ton.. 0 6
" ton .. 0 9
Parcels, single, other than those of storekeepers, each 0 3
" storekeepers’ 0 1
Travellers’ samples, per ton measurement 1 0
Kerosene and benzine, per case 0 1
Coal, per ton 1 0
Spirits, per keg 0 4
" case 0 3
" in quantities, per ton 1 0

The foregoing dues are payable on all goods, &c., remaining on the wharf for forty-eight hours after the steamer’s arrival, and double the above rates are payable on all goods, &c., remaining on the wharf beyond that time.

Outwards.

Gum, per sack 0 3
" case 0 4
Wool, per bale 0 6
Maize, oats, and potatoes, per sack.. 0 3
Flax, per bale 0 3
Tow, per ton 1 0
Butter, per box 0 1
Sheepskins, per dozen 0 6
Hides, each 0 2
Honey, per tin 0 1
Fowls, per half-dozen 0 3
" over " 0 6
Sheep, per head .. 0 1
Cattle, including calves, per head .. 0 6
Horses, per head.. 1 0
Pigs, dead or alive, each 0 2
Small parcels, each 0 3
Timber, per 100 ft. superficial 0 1
Miscellaneous goods, by measurement, per ¼ ton 0 6
over ¼ ton, per ton 1 0
Passengers’ luggage Free

The foregoing dues are payable on all goods, &c., received on the wharf for shipment from within a radius of five miles from the wharf within three hours before steamer’s arrival, and also on all goods, &c., received for shipment from beyond that radius within twenty-four hours before steamer’s arrival. Double the above rates are payable on all goods, &c., remaining on the wharf for shipment beyond the times specified.

AMELIUS M. SMITH,
Acting Clerk of the Executive Council.