Dec. 20. THE NEW ZEALAND GAZETTE. 3609

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 wharf, at the site
   shown on the plans marked M.D. 4304 and 4305.

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 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 until the 20th December, 1941, 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, 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 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.
    F. D. THOMSON,
    Clerk of the Executive Council.

Regulations under the Orchard and Garden Diseases Act, 1908,
governing the Control of Downy Mildew and Phylloxera in
Vines.--Notice No. Ay. 2766.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 17th day of
December, 1928.
Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.
IN pursuance and exercise of the powers and authorities
conferred upon him by the Orchard and Garden Diseases
Act, 1908 (hereinafter referred to as "the said Act"), and
of all other powers in that behalf enabling him, 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, doth hereby revoke
the regulations under the said Act governing the control
of downy mildew and phylloxera in vines, made on the tenth
day of January, one thousand nine hundred and twenty-
seven, and published in the Gazette on the thirteenth day of
the same month at page 7, and doth hereby make the
following regulations in lieu thereof, and doth hereby declare
that such revocation shall take effect and the regulations
hereby made shall come into force on the date of the publication
of this Order in Council in the Gazette.

REGULATIONS.

1. For the purposes of these regulations, unless inconsistent
   with the context,
   "Inspector" means any Inspector appointed under
   the Orchard and Garden Diseases Act, 1908:
   "Prescribed area" means all that portion of New Zealand
   comprising the counties of Eden, Waitemata, Rodney,
   Otamatea, Hobson, Whangarei, Bay of Islands,
   Hokianga, Whangaroa, and Mangonui, and all
   boroughs and town districts enclosed by or adjacent
   to the said counties or any of them :
   "Vine" means any vine of the genus vitis and any
   portion thereof excepting the fruit:
   "Fungus" means the fungus known as downy mildew:
   "Insect" means the insect known as Phylloxera
   vastatrix:
   "Department" means the Department of Agriculture.
2. No person shall remove any vine or any fungus or
   insect from the North Island to any other portion of New
   Zealand.
3. Except as hereinafter provided, no person shall remove
   any vine or any fungus or insect beyond the boundaries of
   the prescribed area.
4. No person shall remove any vine beyond the boundaries
   of the prescribed area to any other portion of the North
   Island unless such vine is accompanied by a certificate signed
   by an Inspector, declaring that such vine has been treated
   and disinfected as directed by him and to his satisfaction.
5. Nothing in these regulations shall be deemed to apply
   to an Inspector with respect to his sending any vine or any
   fungus or insect beyond the boundaries of the prescribed
   area for the purpose of the identification of disease, or to the
   Department sending any vine, which has been treated to the
   satisfaction of the Department, beyond the boundaries of the
   North Island for the purpose of establishing new varieties
   in any other portion of New Zealand.
6. Every person commits an offence against the said Act
   who directly or indirectly by himself, his servant, or agent
   does or attempts to do any act in contravention of these
   regulations or fails to faithfully observe and perform any
   duty or obligation imposed on him by this Order in Council.
   F. D. THOMSON,
   Clerk of the Executive Council.