452
THE NEW ZEALAND GAZETTE.
[No. 11

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 and shed 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 shed 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 and shed.

12. Nothing herein contained shall authorize the Council
    to do or cause to be done anything repugnant to or incon-
    sistent 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
    privileges shall be altered, modified, or revoked by com-
    petent 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
    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.

15. The Council shall be liable for any injury which may
    be caused at the said wharf and shed 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 and shed 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 and shed
    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 and shed 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.

WHARFAGE.

For each passenger under twelve years of age landing
on or leaving from the wharf .. .. .. Free
For each passenger over twelve years of age landing s. d.
on or leaving from the wharf .. .. .. 1 0
Cargo not otherwise specified per ton .. .. 2 0
Minimum charge .. .. .. 0 6
Fish per box or sack .. .. .. 0 6
Wool or skins per bale .. .. .. 1 0
Timber per 100 ft. .. .. .. 0 3
Coal per ton or part of a ton .. .. .. 1 0
Horses or great cattle each .. .. .. 2 6
Sheep each .. .. .. 0 1
Calves and pigs each .. .. .. 0 3
Dogs .. .. .. .. 1 0
Bricks per 1,000 .. .. .. .. 2 6
Wines and spirits per gallon .. .. .. 1 3

STORAGE.

For the first 24 hours .. .. .. .. Free
s. d.
For each subsequent week or part of a week, per ton 2 0
Minimum charges .. .. .. 0 6
Storage shall be charged on incoming goods only. All
goods will be stored at the risk of the consignee. Any goods
landed in error that have already paid wharfage will be re-
shipped free of all charges.

BY-LAWS.

A charge of 1s. per ton shall be made to and be payable by
ships as a harbour-improvement rate on all goods landed
at or shipped from the Port of Marakopa. Such rate shall
be paid by the masters of the ships to the Council:
Provided that this by-law shall not apply to cargo landed
on or shipped from the said wharf and shed at Marakopa,
erected in accordance with plan M.D. 3820 and deposited
as aforesaid.
For the purposes of this by-law the following measurements
may be taken:—
Empties, half tonnage.
Timber, 500 sup. ft. to the top.
Wool, 5 bales to the top.
Bricks and slates, 500 to the top.
Loose hides, 25 to the top.
Great cattle, each 1 ton.
Small cattle, 12 to the ton.
Carts and carriages, each two tons.

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

———
Vesting the Management of certain Wharves in the Okain’s
Bay Road Board and Prescribing Dues for the use thereof.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 14th day
of February, 1928.

Present:
THE RIGHT HONOURABLE J. G. COATES 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 Okain’s
Bay Road Board (hereinafter called “the Board,” in which
term is to be construed, unless the context requires a
different construction, its successors or assigns) the manage-
ment of the wharves at Little Akaloa and Okain’s Bay,
erected in accordance with the plans marked M.D. 1674 and
3160, 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 wharves.
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 wharves in the Board, 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 Board for
the use of the said wharves.

———
FIRST 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 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