MAB. 1.] THE NEW ZEALAND GAZETTE. 531

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 highwater mark, or at such places 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 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
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 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 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 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, 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.
F. D. THOMSON,
Clerk of the Executive Council.
Vesting the Management of certain Wharves in the Coromandel
County Council and prescribing Dues and Charges for the
Use of the said Wharves.
CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 23rd day of
February, 1928.
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 Coromandel County 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 Wharves at Coromandel, Mercury Bay, and
Colville, erected in accordance with the plans marked M.D.
2034, 2639, 3500, and 3398, 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 the dues and rates to be taken and charged
by the Council 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 Council,
subject to the conditions set forth in the First Schedule
hereto, and doth hereby perscribe 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 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
   foreshore, and land below low-water mark adjacent thereto,
   necessary for the maintenance of the said wharves, at the
   site shown on the plans marked M.D. 2034, 2639, 3500, and
4. 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 wharves, and rights of
   ingress and egress thereto and therefrom.
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, over, and out of the said wharves without
   payment.
6. The Council shall maintain and keep the abovementioned wharves, and all erections on or in connection
   with the wharves, 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.
7. All dues and rates received on account of the said
   wharves by the Council shall be applied to keeping the said
   wharves and all erections on or in connection with such
   wharves in good order and repair.
8. Any person authorized by the Minister may at all
   reasonable times enter upon the said wharves or any
   buildings erected on the wharves 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 wharves 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.
9. The ballast of all vessels loading at the said wharves
   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.
10. The Council shall not erect, or suffer to be erected, on
    the said wharves any building or structure whatever, except
    with the consent of the Minister.
11. The Council shall keep a separate account of the
    receipts and expenditure on account of such wharves 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.