Oct. 8.] THE NEW ZEALAND GAZETTE. 2917

Vesting the Management of Pigeon Bay Wharf in the Pigeon
Bay Road Board, and prescribing the Dues to be charged and
taken for the Use of such Wharf.

BLEDISLOE, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 5th day of
October, 1931.
Present:
His Excellency the Governor-General in Council.
WHEREAS by Orders in Council dated the twenty-
fourth day of September, one thousand nine hundred
and seventeen, and the seventh day of May, one thousand
nine hundred and thirty, and published in the Gazette of the
twenty-seventh day of September, one thousand nine hundred
seventeen, at page 3679, and the fifteenth day of May, one
thousand nine hundred and thirty, at page 1628, respectively,
the management of the wharf at Pigeon Bay, as shown on
plans marked M.D. 927 and 928, deposited in the office of the
Marine Department at Wellington, was, in pursuance of the
provisions of the Harbours Act, 1923 (hereinafter called "the
said Act"), vested in the Pigeon Bay Road Board (hereinafter
called "the Board," in which term is to be construed, unless
the context required a different construction, its successors
or assigns), and dues and rates were prescribed to be charged
and taken for the use of the said wharf:
And whereas the hereinbefore-recited Orders in Council
have expired, and the Board has applied to have the manage-
ment of the said wharf vested in the Board for a further term,
and it is desirable to grant the same:
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 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 charged and taken by the Board
for the use of the said wharf.

FIRST SCHEDULE.
CONDITIONS OF MANAGEMENT.

1. In these conditions the terms--
   "Foresore" 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 wharf, at the site
   shown on the plans marked M.D. 927 and 928.
3. All persons shall, at all reasonable times, and upon pay-
   ment of the proper dues, have free and full liberty to use the
   above-mentioned wharf, and all 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 Board 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 Board'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 Board shall be applied to keeping such wharf, and all
   erectons 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 above-mentioned wharf,
   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 Board
   B

in New Zealand a notice in writing of any defect or want of
repair in such wharf or buildings, requiring the Board, within
a reasonable time, to be therein prescribed, to make good or
repair the same, the Board shall, with all convenient speed,
cause such defect to be removed or such repairs to be made.
8. The master of all vessels discharging ballast at the said
wharf shall have all such ballast taken away 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 Board shall not erect, or suffer to be erected, on the
said wharf, any buildings or structure whatever, except with
the consent of the Minister first obtained.
10. The Board 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 thirty-first
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 Board shall appoint all officers necessary for the
working and management of the said wharf.
12. Nothing herein contained shall authorize the Board
to do or cause to be done anything repugnant to or incon-
sistent with any 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 regula-
tion thereunder, and that are now or may hereafter be in force.
13. The rights, powers, and privileges hereby conferred shall
continue to be in force for a period of fourteen years, computed
from the 24th day of September, 1931, unless in the meantime
such rights, powers, and privileges shall be altered, modified,
or revoked by competent authority; and the Board 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 com-
pensation whatever, on giving to the Board 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 Board in New Zealand.
15. The Board shall be liable for any injury which may be
caused by the said wharf to any vessel or boat through any
default or neglect on the part of the Board.
16. In case the Board 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 Board or other proceedings whatsoever; and
publication in the Gazette of an Order in Council containing
such revocation shall be sufficient notice to the Board 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 Board 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 Board fails so to do, the Minister may
cause the said wharf to be removed and the site so restored,
any may recover the costs incurred by the said removal and
restoration from the Board.

SECOND SCHEDULE.
WHARFAGE DUES.
Every person who shall use the said wharf for landing or
shipping sheep or cattle shall, before using the same, pay
dues as follows, that is to say,-

1. For every head of sheep so landed upon or shipped from
   the said wharf, the sum of 1d. per head.
2. For every head of cattle landed upon or shipped from the
   said wharf, 1s. per head.

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