24
THE NEW ZEALAND GAZETTE.
[No. 1

with any law relating to the Customs, or any regulations of the
Minister of Customs or with any provisions of the Harbours
Act, 1923, or any regulations made thereunder, and that are
now or may hereafter be in force.

11. The rights, powers, and privileges conferred by or under
    this Order in Council shall continue in force for fourteen
    years 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.

12. 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 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.

13. The Council shall be liable for any injury which the said
    baths may cause any vessel or boat to sustain through any
    default or neglect on the Council’s part.

14. In case the Council shall—
    (1) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them ;
    (2) Cease to provide or maintain the said baths for the use
    of the public for bathing purposes ;
    then, and in either of the said cases this Order in Council and
    every license, right, power, or privilege thereby conferred,
    may be revoked and determined by the Governor-General in
    Council without any notice to the Council or other proceeding
    whatsoever ; and publication in the New Zealand Gazette of
    an Order in Council containing such revocation shall be suffi-
    cient notice to the Council 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    and privileges thereby granted and conferred, have been
    revoked and determined.

15. 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 baths entirely from the
    site, and restore the site to its original condition within three
    months from the date of revocation or expiry, as the case may
    be ; and if the Council fails so to do the Minister may cause
    the said baths to be removed and the site so restored, and may
    recover the costs incurred by the said removal and restoration
    from the Council.

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

Vesting the Management of the Wharf known as Daly’s Wharf
in the Akaroa 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 fit :
And whereas it is thought desirable to vest in the Akaroa
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 Akaroa known as Daly’s wharf, erected in accord-
ance with the plans marked M.D. 4017, and deposited in the
office of the Marine Department at Wellington, on the terms
and conditions hereinafter set forth :
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 Schedule hereto.

SCHEDULE.

CONDITIONS OF MANAGEMENT.

1. IN these conditions the terms,—
   “Foreshore” means such parts of the bed, shore, or
   banks of a tidal water as are covered and un-
   covered 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 site
   shown on the plans marked M.D. 4017.

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 said wharf
   in good order and repair ; and shall at all times exhibit there-
   from, 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 reason-
   able times enter upon the said wharf and any buildings
   erected on the said 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 parti-
    culars 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 Harbours
    Act, 1923, or its amendments, or any regulation thereunder,
    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 privi-
    leges 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 suffi-
    cient 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 injury 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.