SEPT. 5.] THE NEW ZEALAND GAZETTE. 2659

west by the North Island Main Trunk Road, 216 links; towards the north-east by Uwha Road, 316·9 links; and towards the south-west by Section 2 of said Block V, 231·9 links: be all the aforesaid linkages more or less; as the same is delineated on the plan marked L. 1912/366, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

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

Vesting Management of Wharves at Portage Bay and Waitaria Bay in Messrs. John William Taylor and John David Henderson as Trustees for the Inhabitants of the District.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this second day of September, 1912.

Present:

His Excellency the Governor 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 thought desirable to vest in Messrs. John William Taylor and John David Henderson, as trustees for the inhabitants of Portage and Waitaria (hereinafter called “the licensees”), the management of the wharves at Portage Bay and Waitaria Bay, on the terms and conditions hereinafter set forth:

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 section 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 at Portage Bay and Waitaria Bay aforesaid in the licensees, subject to the conditions set forth in the Schedule hereto.

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. 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 all rights of ingress and egress thereto and therefrom.

3. 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 said wharves without payment.

4. The licensees 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 their own cost suitable and necessary lights for the guidance of vessels: Provided that no new light shall be exhibited until after it has been approved by the Minister.

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

6. Any person authorized 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 upon his leaving at or posting to the last known address of the licensees a notice in writing of any defect or want of repair in such wharves, or either of them, or buildings, requiring the licensees, within a reasonable time, to be therein prescribed, to make good or repair the same, the licensees shall, with all convenient speed, cause such defect to be removed or such repairs to be made.

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

8. The licensees shall appoint all officers necessary for the working and management of the wharves.

9. Nothing herein contained shall authorize the licensees 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.

10. 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 licensees shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

11. 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 licensees 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 licensees or either of them. No compensation or allowance shall be payable in such case.

12. The licensees 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 licensees.

13. In case the licensees or either of them 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 consecutive days; or
    (3.) Become bankrupt or be in any manner brought under the operation of any law in force for the time being relating to bankruptcy,—
    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 licensees 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 licensees, and to all persons concerned or interested, that this Order in Council, and the rights and privileges thereby conferred, have been revoked and determined.

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

Whitebait-fishing in Motueka and Moutere Rivers.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this second day of September, 1912.

Present:

His Excellency the Governor in Council.

WHEREAS by section five of the Fisheries Act, 1908 (herein termed “the said Act”), it is, amongst other things, enacted that the Governor may from time to time, by Order in Council gazetted, make regulations which shall have force and effect throughout New Zealand or only in such waters or places as are specified in the regulations for the purpose therein specified:

And whereas it is expedient to make the regulation hereinafter set forth with respect to the taking of whitebait in the Motueka and Moutere Rivers:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers conferred upon him by the said Act, and by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the following regulation.

REGULATION.

1. WHITEBAIT set-nets having an opening of not more than 8 square feet may be used in the rivers and streams in the Motueka and Moutere Rivers, in the Provincial District of Nelson. Such nets may be stiffened with wire hoops fixed on poles placed in the rivers and streams.

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