Dec. 11.] THE NEW ZEALAND GAZETTE. 3637

And whereas it is desirable that the said license should be revoked:

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 conferred upon him by the Harbours Act, 1908, and of all other powers and authorities enabling him in that behalf, doth hereby revoke and determine the said recited Order in Council of the twenty-first day of October, one thousand nine hundred and one, and the rights and privileges conferred thereby.

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

Vesting Management of Wharf at Waitangi, Chatham Islands, in Charles Wishart, Thomas Patrick G. Miller, James J. Fougere, and Franz Regnault, as Trustees, and prescribing Dues for the Use of the Wharf.

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this eighth day of December, 1913.

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 enacted by section thirteen of the said Act that the Governor may from time to time by Order in Council prescribe the dues and rates which shall be taken by the Board, authority, or person in whom any such wharf is vested for the use of such wharf:

And whereas it is thought desirable to vest in Messrs. Charles Wishart, Thomas Patrick G. Miller, James J. Fougere, and Franz Regnault, as trustees for the inhabitants of the district (hereinafter called “the licensees”), the management of the wharf at Waitangi, Chatham Islands, on the terms and conditions hereinafter set forth, and to prescribe the dues and rates which shall be taken and charged by the licensees for the use of the said wharf:

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 wharf at Waitangi, Chatham Islands aforesaid, in the licensees, 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 and charged by the licensees, on and after the publication of this Order in Council in the New Zealand Gazette, for the use of the said wharf.

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. 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 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 wharf without payment.

4. The licensees shall maintain and keep the above-mentioned wharf, and all erections on or in connection with the wharf, in good order and repair; and shall at all times exhibit therefrom and maintain at its 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 wharf by the licensees shall be applied to keeping the said wharf and all erections on or in connection with such wharf in good order and repair.

6. Any person authorized by the Minister may at all reasonable times enter upon the said wharf, and any buildings erected on the wharf 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, or any of them, a notice in writing of any defect or want of repair in such wharf or buildings, requiring the licensees, within a reasonable time, to be therein prescribed, to make good or repair the same, they 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 wharf any building or structure whatever except with the consent of the Minister.

8. The licensees shall keep a separate account of the receipts and expenditure on account of such wharf and premises, and shall cause such account to be balanced to the 31st 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. The licensees shall appoint all officers necessary for the working and management of the wharf.

10. 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.

11. 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.

12. 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 any of them. No compensation or allowance shall be payable in such case.

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

14. In case the licensees 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 wharf 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 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.

SECOND SCHEDULE.

Goods and merchandise not otherwise specified, weight s. d.
or measurement, per ton .. .. .. 3 0
Timber, dressed or undressed, per 1,000 ft. .. .. 6 0
Wool, per bale .. .. .. 0 6
Wool, per half bale .. .. .. 0 4
Wool, per bag .. .. .. 0 2
Sheepskins, per bale .. .. .. 0 6
Sheepskins, per bundle .. .. .. 0 4
Hides, per package .. .. .. 0 4
Sheep, each .. .. .. 0 1
Pigs, each .. .. .. 0 6
Rams, each .. .. .. 1 0
Boat or launch landing or discharging cargo or passengers, per boat-load .. .. .. 1 0

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

Vesting Management of Wharf at Tauri Kura Bay, Whangarei Harbour, in Whangarei Harbour Board.

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this eighth day of December, 1913.

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 govern-