Nov. 17.] THE NEW ZEALAND GAZETTE. 2399

Vesting the Management of the Wharf at Waikato Heads in
the Port Waikato Harbour Board.

GALWAY, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 9th day of
November, 1938.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

Pursuant to the Harbours Act, 1923, His Excellency
the Governor-General, acting by and with the advice
and consent of the Executive Council, doth hereby vest in
the Port Waikato Harbour Board (hereinafter called “the
Board,” which term shall include its successors and assigns
unless the context requires a different construction) the
management of the wharf at Waikato Heads for the purpose
of the use of the wharf for a term of fourteen years computed
from the first day of April, one thousand nine hundred and
thirty-eight, such license to be held and enjoyed by the
Board upon and subject to the terms and conditions set
forth in the Schedule hereto.

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 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 Board 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 Board shall maintain the above-mentioned 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 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 Board shall be applied to keeping the said wharf and
   all erections on or in connection therewith in good order and
   repair and for the renewal or the extension of the said wharf
   when such is found necessary.

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 Board in New
   Zealand a notice in writing of any defect or want of repair in
   such wharf, 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.

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 Board 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 Board shall keep a separate bank account for all
    receipts and expenditure in respect of the said wharf, and
    shall cause an account of such receipts and expenditure to be
    balanced to the 30th day of September 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 Board shall appoint all officers necessary for the
    working and management of the said wharf.

13. Nothing herein contained shall authorize the Board
    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 to be in force for fourteen years from the
    1st April, 1938, 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.

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 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.

16. The Board 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 Board.

17. In case the Board shall—
    (1) Commit or suffer 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 Board or any 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 license, rights, and privileges thereby granted and
    conferred have been revoked and determined.

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 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, and may recover the costs incurred by the
    said removal and restoration from the Board.

C. A. JEFFERY,
Clerk of the Executive Council.

Declaring Clarke Reserve, Paekakariki, to be a Sanctuary
under the Animals Protection and Game Act, 1921-22,
Wellington Acclimatization District.

GALWAY, Governor-General.

IN pursuance of the powers conferred upon me by section
six of the Animals Protection and Game Act, 1921-22
(hereinafter referred to as “the said Act”), I, George Vere
Arundell, Viscount Galway, Governor-General of the Dominion
of New Zealand, do hereby notify and declare the area
described in the Schedule hereto to be a sanctuary for the
purposes of the said Act.

SCHEDULE.

ALL that area in the Wellington Land District, being Lot 1
on Plan 2184, deposited in the office of the District Land
Registrar at Wellington, and bounded on the north-east by
Lot 2 on said Plan 2184, on the east generally by the Wel-
lngton–Palmerston North (via Paekakariki Hill) Main
Highway, on the south-west by Lot 2 on said Plan 2184,
and on the north-west by the North Island Main Trunk
Railway.

As witness the hand of His Excellency the Governor-
General, this 9th day of November, 1938.

F. JONES,
For the Minister of Internal Affairs.

(I.A. 52/53.)