Sept. 13.] THE NEW ZEALAND GAZETTE. 2411

after the date of this Order in Council, for the use of the said wharf; and to make the regulations set forth in the Third 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 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 the management of the wharf at Havelock, which is shown on plans marked M.D. 763 and 2820, and deposited in the office of the Marine Department, in the Havelock Harbour Board (hereinafter called “the Board”), subject to the conditions set forth in the First Schedule hereto; and doth hereby prescribe that the dues and rates specified in the Second Schedule hereto shall be charged and taken by the Board for the use of the said wharf.

And His Excellency the Governor of the said colony, with the like advice and consent, and in pursuance and exercise of the power and authority granted to him by the said Act, and of all other powers and authorities enabling him in this behalf, doth hereby make the regulations contained in the Third Schedule hereto, and doth order that the same shall apply to the Port or Harbour of Havelock and to the wharf aforesaid.

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FIRST SCHEDULE.

CONDITIONS.

1. 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.

2. The concessions and privileges conferred by this Order in Council shall extend and apply only to the part of the foreshore, and land below low-water mark adjacent thereto, necessary for the erection of the wharf, as shown on plans marked M.D. 763 and 2820.

3. 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 rights of ingress and egress thereto and therefrom.

4. 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, over, and out of the wharf without payment.

5. The Board 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 Minister.

6. Any person authorised by 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, 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 wharf or buildings, requiring the Board within a reasonable time, to be therein prescribed, to repair the same, the Board shall with all convenient speed cause such defect to be removed or such repairs to be made.

7. The Board shall appoint all officers necessary for the working and management of the wharf.

8. 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 thereunder.

9. 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. 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’ notice in writing. Any such notice shall be sufficient if given by the Minister, or by any person acting under his 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 wharf 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;
    (2.) Cease to use or occupy the said wharf for a period of thirty days,

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 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; that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.

13. The erection of the wharf shall be sufficient evidence of the acceptance by the Board of the terms and conditions of this Order in Council.

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SECOND SCHEDULE.

s. d.
Grain or flour, per ton .. .. .. .. 1 0
Ditto, not exceeding 200 lb. bags .. .. .. 0 2
Posts and rails, per 100 .. .. .. .. 0 6
Firewood, per cord .. .. .. .. 0 6
Sawn timber, inwards or outwards, with right to remain on wharf not exceeding three weeks, per 100 ft. superficial .. .. .. .. 0 1½
Ditto, after three weeks, per week or part of week, per 100 ft. superficial .. .. .. .. 0 1
Single bag or parcel .. .. .. .. 0 3
Horses or great cattle, first one .. .. .. 2 0
Ditto, all over one, each .. .. .. .. 1 0
Sheep or pigs, each .. .. .. .. 0 1
Sheep, all over 100, each .. .. .. .. 0 0½
Bricks, per 1,000 .. .. .. .. 2 0
Coal, per ton .. .. .. .. 1 0
Wool, per bale .. .. .. .. 0 6
Flax and tow, per bale .. .. .. .. 0 6
Hides, 1d. each, or, per ton, of forty to the ton .. 2 0
Sheep-skins, per bale .. .. .. .. 0 3
All other goods, either weight or measurement, at the option of the Wharfinger, per ton .. .. 1 0
Half-dues to be charged on all goods transshipped into lighters.
All vessels lying alongside the wharf without landing or receiving cargo, first day, free.
Ditto, after the first day (excepting Sundays and holidays), per ton net register per day .. .. 0 0½

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.

s. d.
Per ton (any quantity over half a ton and under a ton will be charged as 1 ton) per week or part of a week .. .. .. .. 1 0
Half a ton or under, per week or part of a week .. 0 6
If services of Wharfinger required before 8 a.m. or after 5 p.m., per hour or part of hour .. .. 1 0

The Board will not be responsible for goods left on the open wharf.

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THIRD SCHEDULE.

REGULATIONS.

1. The owner or master of every vessel lying at wharf, pier, jetty, or landing-place shall, before commencing to discharge or land his cargo on any such wharf or landing-place, obtain the permission of the Wharfinger or his deputy so to do.

2. No ballast, timber, coal, produce, or cargo of any description shall be embarked or shipped, disembarked or unshipped, except at such times and places and in such order and mode as may be directed and deemed expedient by the Wharfinger or his deputy for the proper working of the wharf.

3. No goods or articles of any description which in the opinion of the Wharfinger or his deputy are likely to occasion damage to the wharf or landing-place shall be discharged or landed on any such wharf or landing-place.

4. The master of every vessel shall on demand give to the Wharfinger, or other person deputed by him, a copy of the bill of lading, freight-list, or manifest of the cargo, or other proper account of all goods intended to be unshipped from the vessel, and the name or names of the owners to whom all or any goods in such vessel are intended to be delivered.

5. Shippers and consignees of all goods landed on or shipped from the wharf or any landing-place shall, before landing or shipping such goods, deliver to the Wharfinger or his deputy a full and true account of all such goods, stating the respective weights or measurements of the same according as freight is payable thereon. All charges to be paid previous to delivery of goods.

6. All goods landed on any wharf or landing-place, or brought thereon for shipment, are to be placed as the Wharfinger or his deputy may direct, and no goods or other