410
THE NEW ZEALAND GAZETTE
No. 46

Limitation of Interest-bearing Deposits in Post Office Savings-Bank not to apply to New Zealand Accountants' and Auditors' Association.

PLUNKET, Governor.
ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-seventh day of April, 1910.

Present:
THE RIGHT HONOURABLE SIR J. G. WARD, K.C.M.G.,
PRESIDING IN COUNCIL.

WHEREAS by Order in Council dated the fourth day of January, one thousand nine hundred and four, and published in the New Zealand Gazette of the seventh day of January, one thousand nine hundred and four, certain non-mercantile societies were exempted from the limitation of interest-bearing amounts of Post-Office Savings-Bank deposits mentioned in section seventy-six of the Post Office Act, 1900: And whereas under section seventy-seven of the Post and Telegraph Act, 1908 (hereinafter termed “the said Act”), it is enacted that the limitation of interest-bearing amounts of Post-Office Savings-Bank deposits therein mentioned shall not apply in the case of such non-mercantile societies as the Governor from time to time by Order in Council prescribes: And whereas it is desirable to extend the prescription of non-mercantile societies in the manner hereinafter set forth for the purposes of the aforesaid section seventy-seven:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers and authorities for that purpose vested in him by the said Act, and of all other powers and authorities enabling him in this behalf, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby order and declare that the New Zealand Accountants' and Auditors' Association, a Society incorporated under the Incorporated Societies Act, 1908, shall be a non-mercantile society to which the hereinbefore-mentioned limitation of the amount of interest-bearing deposits shall not apply: Provided always that a copy of the regulations of the said society, and of every amendment thereof, be rendered to the Postmaster-General as soon as made, with the names and addresses of the trustees or officers for the time being.

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

Vesting Management of Wharves in Turanga Creek in Turanga Road Board, and prescribing Dues.

PLUNKET, Governor.
ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-seventh day of April, 1910.

Present:
THE RIGHT HONOURABLE SIR J. G. WARD, K.C.M.G.,
PRESIDING IN COUNCIL.

WHEREAS by section eleven of the Harbours Act, 1908 (hereinafter termed “the said Act”), 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 section thirteen of the said Act that the Governor may from time to time, by Order in Council, prescribe 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 in the Turanga Road Board (hereinafter called “the Board”) the management of two wharves in Turanga Creek, in the County of Manukau, in the positions shown on plan marked M.D. 3495, and deposited in the office of the Marine Department, at Wellington, and thereon numbered one and two respectively, on the terms and conditions hereinafter set forth, and to prescribe the dues and rates which shall be taken by the Board for the use of such wharves:

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 eleventh and thirteenth sections of the said Act, and of all other powers and authorities in anywise enabling him in that behalf, doth hereby vest the management of the wharves in Turanga Creek aforesaid in the Board, subject to the conditions set forth in the First Schedule hereto; and doth hereby prescribe that the dues and rates set forth in the Second Schedule hereto shall be taken by the Board for the use of the said wharves.

FIRST SCHEDULE.

CONDITIONS OF MANAGEMENT.

1. IN these conditions the term “Minister” means the Minister of Marine, as defined by the Shipping and Seamen Act, 1908, and includes any officer, person, or authority acting by or under the direction of such Minister.

2. 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 wharves, and rights of ingress and egress thereto and therefrom.

3. 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, over, and out of the wharves without payment.

4. That the Board shall maintain and keep the above-mentioned wharves, and all erections on or in connection with the wharves, in good order and repair; and shall at all times exhibit therefrom and maintain at its own cost any lights for the guidance of vessels: Provided that no new light shall be exhibited until after it has been approved by the Minister.

5. That all dues and rates received on account of the said wharves by the Board shall be applied to keeping the said wharves and all erections on or in connection with such wharves in good order and repair.

6. That any person authorised by the Minister may at all reasonable times enter upon the said wharves, and any buildings erected on the wharves or in connection therewith, and view the state of repair thereof; and that 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 wharves or buildings, requiring the Board, within a reasonable time, to be therein prescribed, to make good or repair the same, the Board shall, with all convenient speed, cause such defect to be removed or such repairs to be made.

7. That the Board shall not erect, or suffer to be erected, on the said wharves any building or structure whatever except with the consent of the Minister.

8. That the Board shall keep a separate account of the receipts and expenditure on account of such wharves and premises, and shall cause such account to be balanced to the thirty-first day of March in every year, and shall send a copy of such account when balanced to the Minister, and shall supply any particulars in reference thereto as may be required by the Minister.

9. That the Board shall appoint all officers necessary for the working and management of the wharves.

10. That 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 Minister of Customs, or with any provisions of the Harbours Act, 1908, or its amendments, or any regulations thereunder, and that are now or may hereafter be in force.

11. That the ballast of all vessels loading at the said wharves shall be taken away by the Board and deposited above high-water mark, or at such place as may be approved of by the Minister or by any person appointed by the Minister for that purpose.

12. That the rights, powers, and privileges hereby conferred shall continue in force for fourteen years, computed from the date of this Order in Council, unless in the meantime altered, modified, or revoked by competent authority; and the Board shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

13. 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 Minister and delivered at or posted to the last known address of the Board. No compensation or allowance shall be payable in such case.

14. The Board shall be liable for any injury which may be caused at the said wharves to any vessel or boat through any default or neglect on the part of the Board.

15. In case the Board 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 wharves or either of them for a period of thirty consecutive days,
    then and in either of the said cases every right, power, or privilege hereby conferred may be revoked and determined by the Governor in Council without notice to the Board or other proceeding whatsoever, and publication in the New Zealand Gazette of an Order in Council containing such