SEPT. 28.] THE NEW ZEALAND GAZETTE. 2327

principal Act, and it is expedient to give effect to such recommendation:

Now, therefore, I, William Lee, Baron Plunket, the Governor of the Colony of New Zealand, in pursuance of the power and authority conferred upon me by the said Act, and acting by and with the advice and consent of the Executive Council of the said colony, do hereby order and declare that the portion of the Tauhoa No. 1 Kauri-gum Reserve described in the Schedule hereto shall be no longer subject to the provisions of the principal Act, and shall hereafter be dealt with by the Land Board as ordinary Crown land.

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SCHEDULE.

ALL that area in the Auckland Land District, containing by admeasurement 210 acres, more or less, being Section No. 141 of the Parish of Tauhoa, and forming portion of the Tauhoa No. 1 Kauri-gum Reserve, set apart by Order in Council dated the 22nd October, 1900, and published in the New Zealand Gazette No. 90, of the 25th October, 1900, page 1922. Bounded towards the north by Section No. 83 of the Parish of Tauhoa; towards the north-east by a public road; towards the south-east by Section No. 140 of the said Parish of Tauhoa and by a public road; towards the south-west by Section No. 108 of the Parish of Tauhoa aforesaid, by the crossing of a public road, and again by the last-mentioned section; and towards the north-west by the Whanaki River, by the crossing of a public road, and again by the said Whanaki River to Section No. 83 aforesaid: as the same is delineated on the plan marked S.G. 43994/139, deposited in the Head Office, Department of Lands and Survey, at Wellington, in the Wellington Land District, and thereon coloured red.

ALEX. WILLIS,
Clerk of the Executive Council.

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Vesting Management of Whangaroa Wharf in Whangaroa County Council, and prescribing Dues.

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PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-fifth day of September, 1905.

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 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 Whangaroa in the Whangaroa County Council (hereinafter called “the Council”), 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, as from the fifteenth day of November, one thousand nine hundred and one, the management of the Whangaroa Wharf, which is shown on plan marked M.D. 859, and deposited in the office of the Marine Department, in 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 on and after the date of this Order in 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.

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 abovementioned 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 of Marine, 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 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 every 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 fifteenth day of November, one thousand nine hundred and one, 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 of Marine, 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.

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SCHEDULE.

For vessels coming alongside either wharf,—

All vessels under 100 tons register, per day or part of a day, per ton .. .. .. 0 0½

All vessels of and over 100 tons register, for first 100 tons, per day or part of a day, per ton .. 0 0½

All vessels of and over 100 tons register, for every ton after the first 100 tons, per day or part of a day, per ton .. .. .. 0 0¼

Inwards.

For goods landed on wharf,—

Parcels, each .. .. .. .. 0 3

Goods of and under ¼ ton .. .. 0 6

Goods from ¼ to ½ ton, inclusive .. 0 9

Goods from ½ ton to 1 ton .. .. 1 0

Goods over 1 ton, at per ton .. .. 1 0

Sheep, per head .. .. .. 0 3

Cattle, including calves, per head .. 1 0

Horses, per head .. .. .. 1 0

Pigs, per head .. .. .. 0 3

All conveyances, each .. .. .. 1 0

All goods remaining on wharf or in goods-shed, 1s. per ton per week or part of week.

ALEX. WILLIS,
Clerk of the Executive Council.