368
THE NEW ZEALAND GAZETTE.
[No. 9

hundred and twenty-one, and it is expedient to grant the
same for the term and subject to the conditions hereinafter
expressed :

Now, therefore, His Excellency the Governor-General of
the Dominion of New Zealand, in pursuance and exercise
of the power and authority vested in him by the said Act,
and of all other powers and authorities enabling him in that
behalf, and acting by and with the advice and consent of the
Executive Council of the said Dominion, doth hereby approve
of the purpose or object for which the said license is required
by the company as aforesaid ; and, in further pursuance and
exercise of the said power and authority, and by and with
the like advice and consent as aforesaid, doth hereby license
and permit the company to use and occupy that part of the
foreshore and land below low-water mark which is parti-
cularly shown and delineated on the plans so deposited as
aforesaid, for the purpose of maintaining the aforesaid wharf
thereon, such license to be held and enjoyed by the company
upon and subject to the terms and 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 company for the use of the said wharf.

FIRST SCHEDULE.

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. 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 occupied by the
   wharf, as shown on plans marked M.D. 3028.

3. In consideration of the concessions and privileges granted
   by this Order in Council the company shall, on being supplied
   with a copy thereof, pay to the Minister the sum of £3, and
   thereafter an annual sum of £5 in advance, dating from the
   7th day of February, 1921, the first of such annual payments
   to be made on the company being supplied with a copy of
   this Order in Council.

4. All persons shall at all reasonable times, upon payment
   of the proper dues, have free and full liberty to use the said
   wharf, and all rights of ingress and egress thereon and there-
   from.

5. His Majesty or the Governor-General, 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, through, and out of the said wharf without payment.

6. The company shall maintain the above-mentioned
   wharf in good order and repair ; and shall at all times exhibit
   therefore and maintain at its own cost suitable and necessary
   lights for the guidance of vessels, provided that no light
   shall be exhibited until after it has been approved of by the
   Minister.

7. Any person authorized by the Minister may at all reason-
   able times enter upon the said wharf and view the state of
   repair thereof ; and upon such Minister leaving at or posting
   to the last known registered office of the company in New
   Zealand a notice in writing of any defect or want of repair
   in such wharf, requiring it within a reasonable time, to be
   therein prescribed, to repair the same, it shall, with all con-
   venient speed cause such defect to be removed or such repairs
   to be made.

8. Nothing herein contained shall authorize the company
   or 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 Minister of Customs, or with any provisions of
   the Harbours Act, 1908, or its amendments, or any regula-
   tions made thereunder, and that are now or may hereafter
   be in force.

9. The ballast of all vessels loading at the said wharf shall
   be taken away by the company 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.

10. The rights, powers, and privileges conferred by or
    under this Order in Council shall continue in force for fourteen
    years from the 7th day of February, 1921, unless in the mean-
    time such rights, powers, and privileges shall be altered,
    modified, or revoked by competent authority ; and the com-
    pany 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 said rights, powers, and privileges may be at any
    time resumed by the Governor-General, without payment of
    any compensation whatever, on giving to the company six
    calendar months’ previous notice in writing. Any such
    notice shall be sufficient if given by the Minister and de-
    livered at or posted to the last known registered office of the
    company in New Zealand.

12. The company shall be liable for any injury which the
    said wharf may cause any vessel or boat to sustain through
    any default or neglect on its part.

13. In case the company shall—
    (1.) Commit or suffer a breach of the conditions hereinafter
    set forth, or any of them ;
    (2.) Cease to use or occupy the said wharf for a period of
    thirty days ;
    (3.) Be in any manner wound up or dissolved ; or
    (4.) Fail to pay the sums specified in clause 3 of these
    conditions,—
    then and in any of the said cases this Order in Council, and
    every license, right, power, or privilege, may be revoked and
    determined by the Governor-General in Council without any
    notice to the company 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
    company, 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
    determined.

SECOND SCHEDULE.

SHIPPING WHARFAGE.

Every person who shall use this wharf with any vessel shall
pay for the use thereof as follows, that is to say :—

For every vessel a sum of 1d. per ton on the gross
tonage of such vessel per day for each day or part of a
day a vessel shall occupy a berth alongside any vessel
lying at the said wharf, or shall lie at the said wharf
undergoing repairs or fitting out only, or shall lie off
the said wharf with a line attached thereto.

GOODS WHARFAGE.

Every person who shall use this wharf for landing or shipping
any goods shall, before using the same, pay dues as follows,
that is to say :—

1. For all goods landed on this wharf, a rate of 2s. 6d.
   per ton weight or measurement, at the option of the
   company.

2. For every head of cattle or horses landed upon or
   shipped from the said wharf, 2s. 6d. per head.

3. For every yearling or calf so landed upon or shipped
   from the said wharf, the sum of 1s. per head.

4. For every head of sheep or small cattle so landed
   upon or shipped from the said wharf, the sum of 6d.
   per head.

5. If any ship shall use this wharf for the discharge of
   any goods or cargo after the usual working-hours or on
   wharf holidays, such ship shall pay to the company for
   the use of the said wharf a charge at the rate of 1s. per
   ton on all goods or cargo so discharged from such ship.
   This charge will only be made when, in the opinion of the
   Wharfinger, it is necessary to employ labour to stack or
   remove cargo in sheds in consequence of the discharge of
   such goods or cargo as aforesaid.

PASSENGERS.

For every passenger who shall land on or be shipped from
the said wharf, the sum of 1s.

F. D. THOMSON,
Clerk of the Executive Council.

Prohibiting the Exportation of Wheat, Wheatmeal, Flour,
Bran, and Pollard, and allowing the Exportation of Oats
and other Cereals, Oatmeal, Crushed Oats, Rolled Oats,
and similar Preparations.

JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 18th day of
January, 1921.

Present :

His Excellency the Governor-General in Council.

His Excellency the Governor-General of the Dominion
of New Zealand, in pursuance and exercise of the
powers and authorities conferred upon him by section forty-
seven of the Customs Act, 1913, and section twenty-four of
the Regulation of Trade and Commerce Act, 1914, and of
all other powers and authorities enabling him in that behalf,
and acting by and with the advice and consent of the Exe-
cutive Council of that Dominion, doth hereby further amend
the Order in Council made on the twenty-fourth day of
November, one thousand nine hundred and nineteen, and
published in the New Zealand Gazette on the twenty-seventh
day of November then instant, which prohibited to the
extent specified therein the exportation from New Zealand
of certain goods, by omitting from the Second Schedule
thereto the words “Wheat, oats, and other cereals, also
flour and oatmeal, crushed oats, rolled oats, and similar
preparations” ; and doth prohibit the exportation from
New Zealand of wheat, wheatmeal, flour, bran, and pollard,
save with the consent of the Minister of Customs.

F. D. THOMSON,
Clerk of the Executive Council.