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 sites
   shown on the plans marked M.D. 2378; 2161, 2489 and 5203;
   1940, 5708 and 5758; 459, 460, 3327, 3632 and 4043; 425
   and 4072; 5709 and 5774; 2374 and 2489; 4058; 3556 and
   3738; 2918 and 4723; 6554; 2460, 4195, 5283, 6272 and
   6757; 5901; 6923; 4298; 2991, 4485, 4497 and 6552; 3086;
   respectively.

3. In consideration of the concessions and privileges
   granted by this Order in Council, the Council shall pay to the
   Minister, in respect of the sites of the said wharves, an annual
   rental of ls., payable on demand, such rent to date from the
   date of this Order in Council.

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 above-mentioned
   wharves, and all erections on or in connection therewith, 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.

7. All dues and rates received on account of the said
   wharves, by the Council shall be applied to keeping such
   wharves, and all erections on or in connection therewith, in
   good order and repair.

8. Any person authorized by the Minister may at all reason-
   able times enter upon any of the above-mentioned wharves,
   and any buildings erected thereon 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 first obtained.

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 particu-
    lars in reference thereto as may be required by the Minister.

12. The Council shall appoint all officers necessary for the
    working and management of the said wharves.

13. 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.

14. The rights, powers, and privileges hereby conferred shall
    continue to be in force for a period of fourteen years, computed
    from the 28th day of August, 1930, 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.

15. 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 com-
    pensation 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.

16. The Council shall be liable for any injury which may be
    caused by the said wharves to any vessel or boat through any
    default or neglect on the part of the Council.

17. 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 wharves 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 deter-
mined.

18. 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 or wharves,
    entirely from the site or sites, and restore the site or sites to
    its or their 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
    or wharves to be removed and the site or sites so restored,
    and may recover the costs incurred by the said removal and
    restoration from the Council.

SECOND SCHEDULE.
REGULATIONS.

1. IN these regulations, if not inconsistent with the context,—
   “Council” means the Otamatea County Council, its
   successors and assigns.
   “Boat” means any open, decked, or half-decked boat,
   punt, or barge attached to or used in connection
   with any ship or other vessel lying in or belonging
   to or visiting the Kaipara Harbour, and also any
   such boat, punt, or barge used for the purposes of
   business or pleasure by residents of the district of
   Kaipara, in which the means of propulsion is either
   exclusively by oars or partly by oars and partly by
   sails:
   “Master” means and includes the person actually in
   charge of any vessel, whether or not he is certifi-
   cated:
   “Vessel” means and includes every description of
   launch or ship whether used in navigation or in any
   way kept or used as a hulk or storeship, or for any
   other purpose whatsoever, whether business or
   pleasure, and not coming within the above defini-
   tion of “boat”:
   “Wharf” has the same meaning as in the Harbours
   Act, 1923; and includes for the purpose of these
   regulations a road-metal hopper or ferry-slip:
   “Wharfinger” includes every person actually in charge
   of any wharf for the time being.

2. The master of any vessel loading or discharging at any
   wharf shall be deemed responsible for the proper slinging and
   landing of all goods, and responsible for all damage that may
   occur either from the breakage of slings or from the goods
   being improperly slung or improperly handled.

3. It shall be the duty of the master to cause proper
   tarpaulins to be stretched from the wharf to the vessel loading
   or discharging as aforesaid, and to be there maintained while
   cargo or ballast is being handled or shipped.

4. In case any vessel does or causes any damage to any
   wharf or any part thereof, or to any machinery or building
   thereon or appertaining thereto, then, and in any such case,
   the master of such vessel shall forthwith report the occurrence
   to the wharfinger by telegraph, or by at once reporting to the
   wharfinger in person, or should there be no wharfinger, then
   shall he report to the Council in like manner

5. Any damage done or caused as aforesaid may be re-
   paired by the Council, and the cost thereof shall be recover-
   able by the Council from the master and owner of any such
   vessel, or either of them, in any Court of competent juris-
   diction.

6. All goods landed on any wharf, or brought thereon for
   shipment, shall be placed as the wharfinger or other autho-
   ized person directs, and so as to keep all mooring posts or
   rings free and all rails or tramways clear.

7. Before any vessel or boat is removed from any wharf,
   the master or other person in charge of the said vessel or boat
   shall cause all dirt or rubbish to be thoroughly cleared from
   the portion of the said wharf occupied by such vessel or
   boat, and to be deposited at such places as may be appointed
   by the wharfinger or other person in charge.

8. No boat shall be made fast to any steps or landing-
   place or so near thereto as to obstruct the approach of other
   vessels, nor shall any boat lie longer alongside than is required
   for landing passengers.

9. (a) No person shall take, drive, or work, or cause to be
   driven, taken, or worked, any cart, vehicle, or horse on any
   wharf on which carts, vehicles, or horses are permitted by the
   wharfinger or person in charge to be taken at other than a
   walking pace.