22
THE NEW ZEALAND GAZETTE.
[No. 1
Minister so to do, remove the said wharf entirely from the site,
and restore the site to its original condition within three
months from the date of the revocation or expiry, as the case
may be; and, if the Council fails so to do, the Minister may
cause the said wharf to be removed and the site so restored,
and may recover the costs incurred by the said removal and
restoration from the Council.

SECOND SCHEDULE.
s. d.
For every passenger landed or embarked, the sum of 0 3
For every hundred superficial feet of timber .. 1 0
For all farm-produce and farm-requisites .. Free.
F. D. THOMSON,
Clerk of the Executive Council.
Vesting the Management of the Wharf at Opotiki in the Opotiki
Borough Council.
CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 21st day of
December, 1927.
Present:
THE RIGHT HONOURABLE J. G. COATES, P.C., PRESIDING
IN COUNCIL.
WHEREAS by section one hundred and eighty-six of the
Harbours Act, 1923 (hereinafter called 'the said Act'),
it is enacted that 'the Governor-General in Council may vest
the management of any wharf, the property of His Majesty
the King, in any local authority upon such terms and conditions as the Governor-General in Council thinks fits:
And whereas it is thought desirable to vest in the Opotiki
Borough Council (hereinafter called 'the Council,' in which
term is to be construed, unless the context requires a different
construction, its successors or assigns), the management
of the wharf at Opotiki, erected in accordance with the plans
marked M.D. 2362 and 5914, and deposited in the office of the
Marine Department at Wellington, on the terms and conditions hereinafter set forth in the First Schedule hereto; and
to prescribe dues and rates to be taken and charged for the
use of the said wharf:
Now, therefore, His Excellency the Governor-General 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 Act, and of all other powers and
authorities enabling him in that behalf, doth hereby vest the
management of the said wharf in the Council, subject to the
conditions set forth in the First Schedule hereto, and doth
hereby prescribe that the dues and rates specified in the
Second Schedule hereto shall be taken and charged by the
Council for the use of the said wharf.
FIRST SCHEDULE.

1. In these conditions the terms—
   “Foreshore” means such parts of the bed, shore, or
   banks of a tidal water as are covered and uncovered
   by the flow and ebb of the tide at ordinary spring
   tides:
   “Low-water mark” means low-water mark at ordinary
   spring tides:
   “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 fore-
   shore, and land below low-water mark adjacent thereto,
   necessary for the maintenance of the said wharf, at the sites
   shown on the plans marked M.D. 2362 and 5914.
3. 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 rights of
   ingress and egress thereto and therefrom.
4. 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,
   over, and out of the said wharf without payment.
5. The Council 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 the Council's 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.
6. All dues and rates received on account of the said wharf
   by the Council shall be applied to keeping the said wharf and
   all erections on or in connection with such wharf in good
   order and repair.
7. 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 the Minister leaving at
   or posting to the last known address of the Council in New
   Zealand a notice in writing of any defect or want of repair
   in such wharf or buildings, requiring the Council, within a
   reasonable time to be therein prescribed, to make good or
   repair the same, the Council shall, with all convenient speed,
   cause such defect to be removed or such repairs to be made.
8. The ballast of all vessels loading at the said wharf shall
   be taken away by the Council 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.
9. The Council shall not erect, or suffer to be erected, on
   the said wharf any building or structure whatever, except
   with the consent of the Minister.
10. The Council 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.
11. The Council shall appoint all officers necessary for the
    working and management of the said wharf.
12. Nothing herein contained shall authorize the Council to
    do or cause to be done anything repugnant to or inconsistent
    with any law relating to the Customs, or any regulations of
    the Minister of Customs, or with any provisions of the Har-
    bours Act, 1923, or its amendments, or any regulation there-
    under, and that are now or may hereafter be in force.
13. The rights, powers, and privileges hereby conferred
    shall continue in force for fourteen years, computed from the
    date hereof, unless in the meantime such rights, powers, and
    privileges shall be altered, modified, or revoked by competent
    authority; and the Council shall not assign, charge, or part
    with any such right, power, or privilege without the previous
    written consent of the Minister first obtained.
14. The rights, powers, and privileges conferred under or
    by virtue of this Order in Council may be at any time resumed
    by the Governor-General without payment of any compensa-
    tion whatever on giving to the Council three calendar months'
    previous 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 Council in New Zealand.
15. The Council shall be liable for any inquiry which may
    be caused at the said wharf to any vessel or boat through any
    default or neglect on the part of the Council.
16. In case the Council shall—
    (1) Commit or suffer a breach of the conditions herein-
    before 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, 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 Council or other proceedings whatsoever;
    and publication in the New Zealand Gazette of an Order in
    Council containing such revocation shall be sufficient notice
    to the Council and to all persons concerned or interested
    that this Order in Council, and the licenses, rights, and
    privileges thereby granted and conferred, have been revoked
    and determined.
17. In the event of this Order in Council being revoked
    for any reason whatsoever, or upon the expiry of the period
    for which the license is granted, the Council shall, if required
    by the Minister so to do, remove the said wharf entirely from
    the site, and restore the site to its original condition within
    three months from the date of the revocation or expiry, as the
    case may be; and if the Council fails so to do, the Minister
    may cause the said wharf to be removed and the site so
    restored, and may recover the costs incurred by the said
    removal and restoration from the Council.
    SECOND SCHEDULE.
    BERTHAGE.
    For vessels hauling alongside any wharf or landing-place s. d.
    or any part of the foreshore, per day or part of a
    day, per ton of registered tonnage .. 0 l
    Vessels when bar-bound at Opotiki to be charged for
    three days only.
    (Sailing-vessels in all cases to make way for steamers.)