June 29.] THE NEW ZEALAND GAZETTE. 1539

state of repair thereof, and upon such Minister leaving at
or posting to the last known address of the licensee in New
Zealand a notice in writing of any defect or want of repair
in such wharf, requiring him within a reasonable time, to
be therein prescribed, to repair the same, he shall with
all convenient speed cause such defect to be removed or such
repairs to be made.

7. Nothing herein contained shall authorise the licensee
   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, and that are now or may
   hereafter be in force.

8. 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,
   or by any person appointed by the Minister for that purpose.

9. The rights, powers, and privileges conferred by or under
   this Order in Council shall continue to be in force for four
   years, computed from the first day of February, one thousand
   nine hundred and five, 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 previous written consent of the Minister first
   obtained.

10. 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 one calendar
    month’s 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 in New Zealand.

11. 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 his part.

12. 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 sums specified in clause two of
    these conditions—
    then and in any 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.

13. In these conditions the term “Minister” means the
    Minister of Marine, as defined by “The Shipping and Seamen
    Act, 1903,” and includes any officer, person, or authority
    acting by or under the direction of such Minister.

ALEX. WILLIS,
Clerk of the Executive Council.

Fixing Dues for Use of Waitemata County Council’s Wharf,
Waiwera River.

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this twenty-sixth day of June, 1905.

Present:

His Excellency the Governor in Council.

WHEREAS by an Order in Council dated the third
day of July, one thousand nine hundred and two,
and published in the New Zealand Gazette No. 55, of the
tenth day of the same month, the Waitemata County
Council were licensed to use and occupy for a term of fourteen years from that date a part of the foreshore and of the
land below low-water mark adjacent thereto at the mouth
of the Waiwera River, in Hauraki Gulf, for the purpose of
erecting and maintaining thereon a wharf in accordance
with plan marked M.D. 2535, and deposited in the office of
the Marine Department at Wellington:

And whereas such wharf has been erected, and it is desirable that dues and rates should be prescribed for the use of
the said wharf:

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
pursuance and exercise of the power and authority conferred
upon him by “The Harbours Act, 1878,” and of all other
powers and authorities enabling him in that behalf, doth
hereby prescribe that the dues and rates set forth in the
Schedule hereto shall, on and after the date of the publication of this Order in Council in the New Zealand Gazette, be
charged and taken by the said County Council for the use of
the said wharf.

SCHEDULE.

SHIPPING WHARFAGE.

For every vessel, a sum of 1d. per ton on the gross tonnage of such vessel, per day, for each day or part of a day
the vessel shall occupy a berth alongside the wharf or
alongside of any other vessel using the wharf, or shall lie
off the wharf with a line attached thereto.

GOODS WHARFAGE.

s. d.
Grain or flour, per ton .. .. .. .. 2 0
Posts and rails, per 100 .. .. .. .. 2 6
Firewood, per ton .. .. .. .. 0 6
All timber, superficial, per 100 ft. .. .. 0 3
Single bag or parcel (not passenger’s luggage) .. 0 3
Horses or great cattle .. .. .. .. 1 0
Sheep or pigs, each, and small cattle .. .. 0 3
Bricks, per 1,000 .. .. .. .. 2 6
Coal, per ton .. .. .. .. 1 6
Wool, per bale .. .. .. .. 1 0
Flax and tow, per bale .. .. .. .. 1 0
Hides, each .. .. .. .. 0 3
Sheep-skins, each .. .. .. .. 0 1
All other goods, either weight or measurement, at
the option of the wharfinger, per ton .. .. 2 0

Half dues to be charged on all goods transhipped into
lighters.

All returned empties free.

Such passengers’ luggage or ships’ stores as are carried in
hand, not exceeding a quarter of a ton, shall be exempt from
wharfage charges.

STORAGE.

Per ton, for first twenty-four hours, free (any quantity over
half a ton and under a ton will be charged as 1 ton), per
day or part of a day, 1s.; quarter-ton or under, per day, 6d.
If services of wharfinger required before 8 a.m. or after
5 p.m., per hour or part of an hour, 1s.

If any ship shall use the wharf for the discharge of any
goods or cargo after the usual working-hours or on wharf
holidays, the master, owner, or agent of such ship shall pay
to the Council for the use of the wharf, in addition to the
charge hereinbefore provided, a further charge at the rate of
1s. per ton on all goods or cargo so discharged from such
ship. This charge shall only be made when, in the opinion
of the wharfinger, it is necessary to employ labour to stack
or remove cargo in consequence of the discharge of such
goods or cargo aforesaid.

ALEX. WILLIS,
Clerk of the Executive Council.

Excepting Land from the Operation of Section 117 of “The
Native Land Court Act, 1894.”

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this twenty-sixth day of June, 1905.

Present:

His Excellency the Governor in Council.

WHEREAS by section four of “The Native Land
Laws Amendment Act, 1895,” it is enacted that the
Governor may, by Order in Council, except from the operation of section one hundred and seventeen of “The Native
Land Court Act, 1894” (hereinafter called “the said Act”),
for a limited period or otherwise, and either generally or
for such purposes and subject to such restrictions as shall
be in such Order specified, any land, wheresoever situate,
which is for the time being subject to the operation of the
said section, or any interest therein or right over the same,
or may in like manner make such exception in favour exclusively of any lessee or other person who has been bonâ fide
in occupation of and has made improvements on such land,
or has paid money to Native owners for lease or purchase
thereof, prior to the passing of the said Act: Provided that
no Order in Council under the provisions of this section
shall take effect until after the expiration of two months
from the date of the publication thereof in the Gazette:
Provided also that every alienation under the provisions of
this section shall be confirmed by the Court in terms of
section fifty-three of the said Act :