Aug. 4.] THE NEW ZEALAND GAZETTE. 1775

Vesting a Reserve in the Waikato County Council.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 1st day of August, 1932.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS the land described in the Schedule hereto has been duly set apart for quarry purposes: And whereas, in the opinion of the Governor-General, it is expedient to vest the said reserve in the Chairman, Councillors, and Inhabitants of the County of Waikato:

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 exercise of the powers and authorities conferred upon him by section nine of the Public Reserves, Domains, and National Parks Act, 1928, doth hereby declare that, from and after the day of the date hereof, the reserve described in the Schedule hereto shall become vested in the Chairman, Councillors, and Inhabitants of the County of Waikato, in trust, for quarry purposes.

SCHEDULE.

AUCKLAND LAND DISTRICT.

ALLOTMENT 236, Tamahere Parish: Area, 11 acres 2 roods 35 perches.

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

(L. and S. 6/5/187.)

Vesting the Management of the Wharf at Whangaparapara, Great Barrier Island, in the Great Barrier Island County Council.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 1st day of August, 1932.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS by Order in Council dated the sixth day of August, one thousand nine hundred and twenty-five, and published in the Gazette of the thirteenth day of the same month, at page 2423, the management of the wharf at Whangaparapara, Great Barrier Island, was, in pursuance of the provisions of the Harbours Act, 1923 (hereinafter called “the said Act”), vested in the Great Barrier Island County Council (hereinafter called “the Council,” in which term is to be construed, unless the context requires a different construction, its successors and assigns):

And whereas by Order in Council dated the eleventh day of April, one thousand nine hundred and twenty-four, and published in the Gazette of the seventeenth day of the same month, at page 917, regulations fixing dues and otherwise with respect to the wharves at Port Fitzroy and Whangaparapara were made:

And whereas the first-mentioned Order in Council has expired and the Council has applied to have the management of the said wharf vested in the Council 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, 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, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby vest the management of the said wharf in the Council subject to the conditions set forth in the Schedule hereto, and doth hereby prescribe that the regulations made and the dues prescribed to be charged and taken for the use of the wharves at Port Fitzroy and Whangaparapara by Order in Council dated the eleventh day of April, one thousand nine hundred and twenty-four, shall apply to the said wharf.

SCHEDULE.

CONDITIONS OF MANAGEMENT.

1. In these conditions the term—

“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 wharf.

3. In consideration of the concessions and privileges granted by this Order in Council, the Council shall pay to the Minister an annual rental of 1s., payable on demand, such rent to date from the date of this Order in Council.

4. All persons shall, at all reasonable times, upon payment of proper dues, have free and full liberty to use the said wharf, and all rights of ingress and egress thereon 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 reasonable times have free ingress, passage, and egress into, through, over, and out of the said wharf without payment.

6. The Council shall maintain the above-mentioned 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 light shall be exhibited until after it has been approved of by the Minister.

7. 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.

8. Any person authorized by the Minister may at all reasonable times enter upon the said wharf 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, 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 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.

10. 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.

11. 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.

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

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 regulation of the Minister of Customs, or with any provisions of the Harbours Act, 1923, or its amendments, or any regulations thereunder, and that are now or may hereafter be in force.

14. The rights, powers, and privileges hereby conferred shall continue in force until the 26th day of June, 1944, 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 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.

16. The Council shall be liable for any injury which the said wharf may cause any vessel or boat to sustain 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 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 any other proceedings whatsoever; and publication in the Gazette of an Order in Council containing such revocation shall be sufficient notice to the