Oct. 14.] THE NEW ZEALAND GAZETTE. 2683

Westing Management of Aratapu Wharf in Messrs. Samuel
George Bell Barker, William Fincher Coutts, Anthony
Henry Wileon, Duncan Neil, Thomas Neild, as Trustees
for the Inhabitants of Aratapu.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifth day
of October, 1909.

Present:
THE EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section eleven of The Harbours Act,
1908 (hereinafter called “the said Act”), the Governor
in Council may, upon the application of any Harbour Board or
on Council, vest the management of any wharf the property
of His Majesty in such Harbour Board or Council, or in any
person, upon such terms, and conditions as he thinks fit:

And whereas by resolution of Messrs. Samuel George
Bell Barker, William Fincher Coutts, Anthony
Henry Wilson, Duncan Neil, Thomas Neild (hereinafter
called “the licensees”), as trustees for the inhabitants of
Aratapu, the management of a wharf situate at Aratapu, in
Kaipara Harbour, on the terms and conditions hereinafter
set forth:

Now, therefore, His Excellency the Governor of the
Dominion of New Zealand, in pursuance and exercise of the
powers and authorities conferred on him by the aforesaid
section of the said Act, and of all other powers and authori-
ties enabling him in that behalf, and acting by and with
the advice and consent of the Executive Council of the said
Dominion, doth hereby vest the management of the wharf
situate at Aratapu, in Kaipara Harbour (a plan whereof is filed
in the office of the Marine Department, at Wellington, in
the Dominion of New Zealand, under the reference M.D. 2482),
in the first Schedule hereto, upon and doth hereby make the
regulations with respect to the said wharf which are set
forth in the Second Schedule hereto.

FIRST SCHEDULE.

1. In these conditions and in the “Minister” means the
   Minister of Marine as defined by “The Shipping and Sea-
   men Act, 1908,” and includes any person appointed by him
   acting by or under the direction of such Minister.

2. The conditions and provisions set forth by this Order
   in Council shall extend and apply only to the part of the
   Aratapu wharf and to so much of the approach thereto
   and of the land adjacent thereto, as are the property of
   and deposited in the office of the Marine Department as
   aforesaid.

3. In consideration of the concessions and privileges
   conferred by this Order in Council, the licensees shall, on
   being supplied with a copy thereof, pay to the Minister an
   annual fee of a shilling per annum, and such other fees as
   shall be payable from time to time by the Minister
   on the licensees being supplied with a copy of this Order in
   Council.

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, egress, and regress into,
   through, and out of the Aratapu wharf without payment.

5. The licensees shall maintain the wharf as aforesaid
   what in good order and repair, and shall at all times provide
   and maintain such moorings, buoys, lights, beacons,
   and necessary lifts for the guidance of vessels: Provided
   that the plans shall be submitted to and such as have been
   approved by the Minister.

6. The wharf, if required by the Minister, may at all
   reasonable times, enter upon the said wharf and view the
   state of repair thereof; and where such Minister, having so
   by himself or his servants, entered upon the wharf, serve a
   notice in writing of a defect or want of repair in such
   wharf, then, if within thirty-one days from the time of such notice
   prescribed to make good the same, they shall with all con-
   venient speed cause such wharf to be repaired in such
   repairs and cause the same to be repaired in such
   respect as required.

7. Nothing herein contained shall authorise the licensees
   to do or cause to be done anything which may be incon-
   sistent with any law relating to the Customs, or any regula-
   tions of the Department relating to “The New Zealand
   of “The Harbours Act, 1908,” or its amendments, or any
   Act passed by the Parliament and from time to time in force
   at the time being.

8. The licensees shall clear all trucks and trolleys off the
   wharf at the close of each day's work.

9. The ballast of all vessels loading at the said wharf shall
   take away by the licensees and deposited above high-
   water mark, in such place as may be appointed by the
   Minister, or by the Harbourmaster at Kaipara, or by any
   other person duly by him authorised in that behalf.

10. The rights, powers, and privileges herein and by order
    this Order in Council shall continue in force for an under
    terms and conditions as he thinks fit, and the same,
    rights, powers, and privileges shall be altered, modified, or
    revoked in accordance with law, and shall be subject to any
    design, charge, or trust with any such right, power, or
    privilege, as it may be, or with any such right, power, or
    privilege, as the Minister may be given.

11. 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 licensees three
    calendar months' previous notice in writing, or, if the
    licensees shall have failed to carry out the conditions and
    delivered at or posted to the last known address of the
    licensees.

12. The licensees shall be liable for any injury which the
    said wharf may, from any cause or from no matter, sustain
    any default or neglect on their part.

13. (1.) This Order shall cease
    (a) before set forth, or any of them;
    (b) before set forth, or any of them;
    (c) if and when so directed by this Order in Council, and
    aforesaid, and
    (2.) if and when, in all the said cases this Order in Council, and
    every license, right, power, or privilege thereby conferred
    and set forth shall at the expiration of twenty-one years
    whatsoever; and publication in the New Zealand Gazette
    of a notice in writing, signed and published in the New Zealand Gazette
    sufficient notice to the licensees, and to all persons concerned
    or interested in the said wharf, as it may be, or may have been,
    hereby and aforesaid, hereby granted and conferred, have
    been revoked and determined.

SECOND SCHEDULE.

1. In these regulations, if not inconsistent with the con-
   text,—
   “Boat” means and includes any open, decked, or half-
   decked vessel or craft whatsoever of every description,
   any ship or other vessel lying in or belonging to or
   plying to the Aratapu Harbour, and used for any
   boat used for the purposes of business or pleasure
   in connection with the Aratapu Harbour, in which
   manual, or propulsion by steam, wholly or partly
   means:
   “Vessel” means and includes every person actually in
   charge of any vessel whether or not he is certificated,
   “Wharf” means and includes every person actually in
   charge of any vessel whatsoever having in charge
   of any vessel in his charge or control and every
   “Wharfinger” includes every person actually in charge
   of any wharf he is then using.

WHARVES.

2. (1.) The time any vessel shall be permitted to occupy a
   birth at the wharf for the purpose of either loading or dis-
   charging cargo shall be not more than:
   (2.) Two clear weeks, unless the tons register, and one
   clear day for every further ton of tons cargo on board
   burden of the vessel.

3. (1.) The master or other person in charge or discharging
   of his vessel or upon the termination of the time allowed him,
   shall immediately remove his vessel and forthwith remove
   remove the vessel from and vacate the berth occupied by it.
   (2.) The master or other person having in charge or
   discharging of his vessel or upon the termination of the time allowed him,
   landing and loading of all goods, and responsible for any damage
   which may result to the wharf, any erections or goods, or from
   the goods being improperly slung or improperly handled.
   (3.) A vessel or boat may, by the order of a wharf-keeper
   appointed by the Minister, have her berth or her cargo
   loading or discharging as aforesaid, and to be three main-
   tained at all times to prevent any accident or damage to.

4. (1.) In any case vessel does or causes any damage to
   the wharf, any erections or goods, or from the goods being
   or appurtenances thereunto, then in any such
   case the master or owner of such shall forthwith repair and
   make good such damage.
   (2.) Any damage done or caused as aforesaid may be
   repaired by the licensees, and the cost thereof shall be re-
   coverable by the licensees from the master and owner of any
   vessel or either of such, in any Court of competent juris-
   diction.