The Short Title of this Act shall be “The Moeraki Harbour Board Act, 1875.”

There shall be, and there is hereby constituted, a Harbour Board for the Port of Moeraki, in the Province of Otago, and the limits of the said port shall be those which have been or may be defined under “The Marine Act, 1867.”

The Superintendent of the Province of Otago shall, by and with the advice and consent of his Executive Council, appoint the members of the Board by proclamation in the Provincial Government Gazette, and the members shall hold office at the will of the said Superintendent acting by and with the advice and consent of his Executive Council.

The Moeraki Harbour Board (hereinafter called “the said Board”) may acquire and hold all goods, chattels, and personal property whatsoever which may be required for the improvement, maintenance, working, and management of the said harbour, and acquire and hold to them and their successors all such lands and hereditaments as they may deem necessary as a site or sites for wharfs or warehouses connected with the said harbour, or for a road or roads thereto, or for any other purposes which they may deem necessary or advisable for the improvement and maintenance and working of the said harbour, and the construction and maintenance of works connected therewith.

So often as any member of the said Board shall die, resign, or become incapable to act, or be absent from the said Province for the space of six consecutive calendar months, or be removed from office, the said Superintendent shall appoint, by proclamation in the Otago Provincial Government Gazette, either permanently or temporarily, as occasion may require, another or other fit and proper person or persons to be a member or members of the said Board in the room or stead of the member or members so dying resigning becoming incapable to act or continuing absent as aforesaid.

Any land now vested in the said Superintendent in trust for the purpose of improving and maintaining the harbour at Moeraki shall be and the same is hereby vested in the said Board, and any money now or hereafter to be held by the said Superintendent, or that may be voted by the Provincial Council of the said Province in trust for the same purpose shall be paid to, received, and held by the said Board upon the same trusts and conditions as are now or may hereafter be attached to the same.

The Provincial Treasurer of the said province shall forthwith pay to the said Board the said sum of three thousand pounds raised under “The North Otago District Public Works Loan Act, 1872.”

It shall be lawful for the said Board, and they are hereby authorized and empowered from time to time to make by-laws regulating the manner in which and times when their meetings shall be called and held, their place of meeting, and the manner in which and person by whom their meetings shall be presided over, for fixing the number of their members required to be present at the meetings for the exercise and performance of their powers and duties, the appointment remuneration and duties of their officers, and generally for regulating the conduct of their business and proceedings, and all such other by-laws as may appear to be necessary for fully carrying out the purposes of this Act: Provided always that such by-laws shall not be repugnant to the provisions of this Act, and provided also that no such by-laws shall come into operation until the same shall have been submitted to the said Superintendent and approved of by him, and published in the Government Gazette of the said Province.

It shall be lawful for the Board to appoint such surveyors overseers clerks collectors and other officers as they may deem necessary, with reasonable salaries or allowances for their trouble.

The Board shall keep accurate accounts of all sums of money received on account of the said harbour, and of all costs charges expenses and disbursements in connection with the management and maintenance thereof, and within one week after the thirty-first day of March in every year the said Board shall prepare accounts and a balance sheet showing the receipts and disbursements of the said Board during the year ending on that day, and the actual financial state of the Board on the same day, and such accounts and balance sheet shall be forwarded in duplicate to the said Superintendent, who shall cause the same to be forwarded for examination by the Provincial Auditor in manner prescribed by “The Provincial Audit Act, 1866,” and the Provincial Auditor is hereby empowered and required to examine and audit such accounts and balance sheet, and such balance sheet shall be published in the Government Gazette of the Province immediately after the same shall have been so audited.

All the provisions of this Act shall be subject to the provisions of the thirty-third section of “The Marine Act, 1867,” as amended by “The Harbour Works Act, 1874,” and the Board hereby constituted shall be deemed to be a Harbour Board for all the purposes of the “Harbour Boards Act, 1870,” and any Act amending the same, as effectually as if the said Board had been constituted by an Ordinance of the Superintendent and the Provincial Council in the manner in the “Harbour Board Act, 1870,” prescribed.

No person who shall hold any office or place of profit under or in the gift of the Board, or accept any fee or reward on account of anything done by virtue of his office or in relation to the matters to be done under this Act, or be concerned or participate in anywise in any contract with such Board, or in the profit thereof, or of any work to be done under the authority of such Board, shall be capable of being or continuing a member thereof: Provided that nothing in the pre ceding part of this section shall extend or apply to any lease of any land or to any agreement for any such lease of any land belonging to or vested in the said Board which shall be sold by auction.