Native Land Rehearing Order, Wharf Vesting




THE NEW ZEALAND GAZETTE. 961

application of any persons interested in any Native
land who may feel themselves aggrieved by the de-
cision of the Native Land Court in respect thereof,
the Governor in Council may order a rehearing of
any matter heard and decided under the provisions
of the said Act, within such a period of time from
the publication of the decision and memorial of
ownership, in manner in the said Act required, as
may be limited in such order; and upon such order
being made, all proceedings theretofore taken by the
Court in such matter shall be annulled, and the case
shall commence de novo, and shall proceed in manner
provided by the said Act: Provided that no appli-
cation for a rehearing shall be entertained if it be
made after six months shall have elapsed from the
time of such publication:

And whereas at a sitting of the Native Land Court
of New Zealand, at Whanganui, in the District of
Whanganui, in the Provincial District of Wellington,
on the twenty-fifth day of April, one thousand eight
hundred and seventy-eight, the claim of Aperahama
Tahunuiarangi and others, aboriginal natives of New
Zealand, to a piece of land called Pikopiko No. 3,
situate at Pikopiko, in the said district, was heard
and decided, and a certain order was thereupon made
by the said Court:

And whereas on or about the second day of May,
one thousand eight hundred and seventy-eight, an
application was made by and on behalf of certain
aboriginal natives claiming to have an interest in the
said land, for a rehearing of the said claim, and it
is expedient that the said claim should be reheard
before the said Court:

Now, therefore, His Excellency the Governor, in
exercise and pursuance of the above-recited power,
and by and with the advice and consent of the Exe-
cutive Council of New Zealand, doth hereby order
and direct that the said claim of Aperahama Tahu-
nuiarangi and others to the piece of land aforesaid
shall be reheard as and in the manner provided by
"The Native Land Act, 1873," and doth also order
that such rehearing shall take place within one year
from the said second day of May, one thousand eight
hundred and seventy-eight.

FORSTER GORING,
Clerk of the Executive Council.

Vesting Wharves at Waitapu and Motupipi in the
Takaka Road Board.

NORMANBY, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, this
second day of July, 1878.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHER EAS by "The Marine Act 1867 Amend-
ment Act, 1877," it is, among other things,
enacted that the Governor in Council may vest the
management of any wharves the property of Her
Majesty in any local body, upon such terms and con-
ditions as the Governor in Council thinks fit, and
may fix the scale of dues to be paid for the use
thereof, and for the storage of goods, and charges
to be paid for taking into and delivering the same
from warehouses or buildings attached to or con-
nected with such wharves:

Now, therefore, I, George Augustus Constantine,
Marquis of Normanby, the Governor of the Colony
of New Zealand, by and with the advice and consent
of the Executive Council of the colony, and in
exercise of the powers and authorities vested in me
by the said Act, do hereby vest the management of
the wharves at Waitapu and Motupipi, both in the
County of Collingwood, in the Takaka Road Board,

subject to the conditions set forth in the First
Schedule hereto: And with the like advice and
consent I do hereby fix the following scale of dues,
set forth in the Second Schedule hereto, for the use
of the said wharves, and for the storage of goods
in any warehouse or building attached to or con-
nected with such wharves: Provided always that
the aforesaid conditions and dues, and other the
rights and privileges hereby conferred, may from
time to time be altered, revoked, or modified by the
Governor in Council.

FIRST SCHEDULE.

  1. That all Her Majesty's subjects shall, at all
    reasonable times, and upon payment of the proper
    dues, have free and full liberty to use either of the
    above-mentioned wharves, and of ingress and egress
    thereon.

  2. That Her Majesty or the Governor, and all
    officers of the Marine Department or Customs,
    acting in the execution of their duty, shall at all
    times have free ingress, passage, and egress into,
    through, and out of the wharf without payment.

  3. That the said Road Board shall maintain and
    keep the above-mentioned wharves and all erections
    thereon in good order and repair, and shall at all
    times permit to be erected and exhibited therefrom
    any lights for the guidance of vessels, and shall
    maintain at its own cost any such lights: Provided
    that no new light shall be exhibited until after it
    has been approved of by the Marine Department.

  4. That any person authorized by the Minister
    having charge of the Marine Department, or any
    officer acting with his approval, may, at all reason-
    able times, enter upon the said wharf, and any build-
    ings erected thereon, and view the state of repair
    thereof, and may leave at the last-known office of the
    Board a notice in writing of any defect, requiring
    the Board, within a reasonable time to be therein
    prescribed, to repair the same.

  5. That the Board will not erect or suffer to be
    erected on the said wharf any building or structure
    whatever, except with the consent of the Marine
    Department.

  6. That nothing herein contained shall authorize
    the Board to do or cause to be done anything repug-
    nant to or inconsistent with any law relating to the
    Customs, or any regulation of the Commissioner of
    Customs.

  7. That the rights, powers, and privileges con-
    ferred by this Order in Council shall continue in
    force for fourteen years, computed from the date of
    this Order in Council, unless in the meantime altered,
    modified, or revoked.

  8. That the rights, powers, and privileges conferred
    under or by virtue of this Order in Council may be
    at any time resumed by the Governor on giving to
    the said Road Board six calendar months' notice in
    writing; any such notice shall be sufficient if given
    by the Governor or the Minister having charge of
    the Marine Department, or any person acting under
    his or their instructions, and delivered at the last-
    known office of the said Board, their successors or
    assigns. No compensation or allowance shall be
    payable in such case.

SECOND SCHEDULE.

Wharfage.—Scale of dues, inwards and out-
wards:—

  • Timber, sawn, per 1,000 feet superficial... 0 6
  • Sheep and pigs, first forty, each ... 0 2
  • " " all over forty, each ... 0 1
  • Great cattle and horses, each (single one) 1 6
  • " " more than one, each 1 0
  • Flour, grain, and potatoes, per ton 1 0
  • " " half ton or less 0 6


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1878, No 65





✨ LLM interpretation of page content

🪶 Order in Council concerning a Native Land Claim rehearing (continued from previous page)

🪶 Māori Affairs
2 July 1878
Native Land Claim, Rehearing, Order in Council, Native Land Act 1873, Pikopiko No. 3
  • Aperahama Tahunuiarangi, Claimed interest in Pikopiko No. 3 land

  • Forster Goring, Clerk of the Executive Council

🏗️ Vesting of Waitapu and Motupipi Wharves management in Takaka Road Board

🏗️ Infrastructure & Public Works
2 July 1878
Wharves, Waitapu, Motupipi, Takaka Road Board, Collingwood County, Marine Act 1877, Dues
  • George Augustus Constantine, Marquis of Normanby, Governor