Nov. 2.] THE NEW ZEALAND GAZETTE. 2533

and of all other powers in anywise enabling him in this behalf, 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, doth hereby declare that the lands shown upon such map, and described in the Schedule hereto, shall be deemed to be taken for the purposes of the said road, and the said lands shall vest in His Majesty the King, as from the ninth day of November, one thousand nine hundred and five.

SCHEDULE.

All in the Auckland Land District; as the same are more particularly delineated on the plan marked and coloured as above mentioned, deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District.

ALEX. WILLIS,
Clerk of the Executive Council.

Vesting Management of Wainui Wharf and Shed in Akaroa County Council, and making Regulations therefor.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this thirtieth day of October, 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 thought desirable to vest the management of the wharf at Akaroa, known as the Wainui Wharf, in the Akaroa County Council (hereinafter called “the Council”), on the terms and conditions herein set forth, and to make the regulations set forth in the Schedule hereto:

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 Harbours Act, 1878,” and of all other powers and authorities in anywise enabling him in that behalf, doth hereby vest, as from the second day of October, one thousand nine hundred and three, the management of the Wainui Wharf at Akaroa, which is shown on plans marked M.D. 1548 and 1549, and deposited in the office of the Marine Department, in the Akaroa Council, subject to the following conditions; and doth hereby make the regulations specified in the Schedule hereto, which shall take effect from the date hereof, for the use of 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 (hereinafter called “the Minister”), 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 ballast of all vessels loading at the said wharf shall be taken away by the Council and deposited above high-water mark, or at such place as may be approved of by the Minister or any person appointed by him for that purpose.

9. That the rights, powers, and privileges conferred by this Order in Council shall continue in force for fourteen years, computed from the second day of October, one thousand nine hundred and three, unless in the meantime altered, modified, or revoked; and the Council shall not assign, charge, or part with any such right, power, or privilege without the written consent of the Minister first obtained.

10. 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, 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.

11. 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.

12. 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.

REGULATIONS.

1. No goods shall be stored in the wharf-shed for a longer period than fourteen days without the special permission of the Council or their appointee.

2. All goods are to be stacked in the shed to the satisfaction of the Council or their appointee, in such manner that its full storing-capacity shall not be restricted.

3. The shed may be locked up between the hours of 6 p.m. and 8 a.m., and during Sundays, whenever the Council may deem advisable.

4. The Council shall not be liable for loss or damage to goods stored.

5. No firewood, timber, or other goods shall be stacked within 4 ft. of the wharf-gangway or of the tramway-rails, and no goods of any description shall be left on the wharf for a longer period than four days.

6. No person shall leave the trolley on the public road, but after using shall replace it on the wharf.

7. Any person opening the shed-door to remove goods or for any other purpose shall reclose the door before leaving.

8. Any person infringing these regulations shall be liable to a penalty not exceeding twenty shillings.

ALEX. WILLIS,
Clerk of the Executive Council.