Nov. 30.] THE NEW ZEALAND GAZETTE. 3163

Making Regulations for a Protected Anchorage for Shipping in
the Waihou River at Koutu.

———

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 20th day of
November, 1933.

Present:

THE RIGHT HON. G. W. FORBES PRESIDING IN COUNCIL.

WHEREAS by section six of the Waihou and Ohinemuri
Rivers Improvement Act, 1910 (hereinafter referred
to as “the said Act”), it is enacted that the Governor-General
may, from time to time, make regulations for the purpose of
giving full effect to the provisions of the said Act, or for the
use, management, or protection of any works constructed
under the authority thereof:

And whereas by sections nine, two hundred and twenty-six,
and two hundred and thirty-four of the Harbours Act, 1923,
His Excellency the Governor-General is empowered to make
regulations governing the mode and place of mooring and
anchoring of ships within the limits of a harbour, and pro-
viding for the safe navigation of all harbours, navigable
rivers, and navigable lakes:

And whereas it is desirable to make a protected anchorage
for vessels in that part of the Waihou River known as the
Koutu Meander:

Now, therefore, His Excellency the Governor-General of
the Dominion of New Zealand, in pursuance and exercise of
the power and authority conferred upon him by the said Act,
and the Harbours Act, 1923, and acting by and with the
advice and consent of the Executive Council of the said
Dominion, doth hereby make the regulations set out in the
Schedule hereto.

———

SCHEDULE.

1. No person shall, without permission being first obtained
   from the wharfinger, anchor or moor any vessel in all that
   portion of the old bed of the Waihou River at Koutu and
   known as the Koutu Meander.

2. Any person committing a breach of this regulation shall
   be liable to a penalty not exceeding £20.

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

———

Licensing the Coromandel County Council to use and occupy
a Part of the Foreshore and Land below Low-water Mark
at Port Charles as a Site for a Wharf.

———

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 20th day of
November, 1933.

Present:

THE RIGHT HON. G. W. FORBES PRESIDING IN COUNCIL.

WHEREAS by Order in Council dated the seventeenth
day of November, one thousand nine hundred and
nineteen, and published in the Gazette of the twentieth day of
the same month, at page 3822, the Coromandel County
Council (hereinafter called “the Council,” in which term
it is to be construed, unless the context requires a different
construction, its successors or assigns), was licensed to use
and occupy for a period of fourteen years, computed from
the seventeenth day of November, one thousand nine hundred
and nineteen, a part of the foreshore and land below low-
water mark at Port Charles, in order to erect and maintain
thereon a wharf, in accordance with plan marked M.D. 5088,
and deposited in the office of the Marine Department at
Wellington:

And whereas the said license has expired, and the Council
has applied for a further license under the Harbours Act,
1923 (hereinafter called “the said Act”), for a further term,
and it is advisable to grant the same on the terms and con-
ditions hereinafter expressed:

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 approve
of the purpose or object for which the said license
is required by the Council as aforesaid; and in further
pursuance and exercise of the said power and authority,
and with the like advice and consent as aforesaid, doth
hereby license and permit the Council to use and occupy
that part of the foreshore and land below low-water mark
which is particularly shown and delineated on the plan marked
M.D. 5088, so deposited as aforesaid, for the purpose of
maintaining thereon a wharf erected in accordance with the
said plan; such license to be held and enjoyed by the Council
upon and subject to the terms and conditions set forth in
the Schedule hereto, and doth hereby prescribe that the
dues and rates prescribed by Order in Council of the twenty-
third day of February, one thousand nine hundred and
twenty-eight, and published in the Gazette of the first day
of March, one thousand nine hundred and twenty-eight, at
page 531, shall be charged and taken for the use of the
said wharf.

———

SCHEDULE.

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 necessary for the
   maintenance of the said wharf as shown on plan marked
   M.D. 5088, so deposited as aforesaid.

3. All persons shall, at all reasonable times, upon payment
   of the proper dues, have free and full liberty to use the said
   wharf, and all rights of ingress and egress thereon and there-
   from.

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 the above-mentioned wharf
   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 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 view the
   state of repair thereof; and upon such 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.

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 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 particu-
    lars 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 regulation of
    the Minister of Customs, or with any provisions of the Harbours
    Act, 1923, or its amendments, or any regulations made there-
    under, and that are now or may hereafter be in force.

13. The rights, powers, and privileges conferred by this
    Order in Council shall continue in force until the 22nd day of
    February, 1942, unless in the meantime such rights, powers,
    and privileges shall be altered, modified, or revoked by com-
    petent authority; and the Council shall not assign, charge,
    or part with any right, power, or privilege without the
    previous written consent of the Minister first obtained.

14. The said rights, powers, and privileges conferred under
    and by virtue of this Order in Council may be at any time