2444
THE NEW ZEALAND GAZETTE.
[No. 71

determined by the Governor in Council without any notice
to the licensee or other proceeding whatsoever; and pub-
lication 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 rights and privileges thereby con-
ferred, have been revoked and determined; and upon such
revocation the Minister may cause the said smoke-house to be
removed, and may recover the costs incurred by any such
removal from the licensee.

11. The construction of the smoke-house shall be deemed
    to be an acceptance by the licensee of the conditions of this
    Order in Council.

J. F. ANDREWS,
Acting Clerk of the Executive Council.

Vesting Management of Clevedon Wharf in Wairoa Road Board.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifteenth
day of September, 1908.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section eleven of “The Harbours Act,
1908” (hereinafter called “the said Act”), it is
enacted that the Governor in Council may vest the manage-
ment 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 Clevedon, Wairoa South, situated in the
Manukau County, in the Wairoa Road Board, on the terms
and conditions set forth in the Schedule hereto:

Now, therefore, His Excellency the Governor of the
Dominion of New Zealand, acting by and with the advice
and consent of the Executive Council of the said Dominion,
and in pursuance and exercise of the power and authority
vested in him by the said Act, and of all other powers and
authorities in anywise enabling him in that behalf, doth
hereby vest the management of the wharf at Clevedon, which
is shown on plan marked M.D. 3251, and deposited in the
office of the Marine Department, in the Wairoa Road Board
(hereinafter called “the Board”), subject to the conditions
set forth in the Schedule hereto.

SCHEDULE.

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 plan
   marked M.D. 3251.

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 ex-
   hhibited 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 incon-
   sistent with any law relating to the Customs, or any regula-
   tion of the Commissioner of Trade and Customs, or with
   any provisions of “The Harbours Act, 1908,” or any regula-
   tions 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
    three 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—
    (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,
    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 pub-
    lication 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 deter-
    mined.

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.

J. F. ANDREWS,
Acting Clerk of the Executive Council.

As to the Use of Poles in connection with netting Fish.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifteenth
day of September, 1908.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS it is enacted by section five of “The
Fisheries Act, 1908,” that the Governor may from
time to time, by Order in Council gazetted, make regulations,
which shall have force and effect either throughout New
Zealand or only in such waters or places as are specified in
the regulations, for, amongst other things, generally regulat-
ing sea-fishing in New Zealand:

And whereas it is desirable to make regulations regarding
the use of poles or other appliances in connection with
netting fish:

Now, therefore, His Excellency the Governor of the
Dominion, in exercise of the hereinbefore-recited power and
authority, and acting by and with the advice and consent of
the Executive Council of the said Dominion, doth hereby
make the following regulations:—

REGULATIONS.

1. Persons who fix or place poles or other appliances in
   tidal waters for the purpose of fastening fishing-nets thereto
   when netting for fish shall so place them that they shall be
   visible above the water at high water, and shall forthwith
   remove them each time they cease fishing. For breach of
   this regulation the penalty is a fine not exceeding ten
   pounds.

2. If the poles or other appliances are not removed
   as required by the foregoing regulation, any Collector of
   Customs or Inspector of Fisheries may remove them, and
   recover the cost of doing so in a Court of competent juris-
   diction.

J. F. ANDREWS,
Acting Clerk of the Executive Council.