✨ Domain Delegation and Wharf Order




JAN. 19.] THE NEW ZEALAND GAZETTE. 71

December, one thousand eight hundred and seventy- | Authorizing Messrs. Wigmore and Tolerton to build
seven, did delegate certain powers conferred by "The | a Wharf at Whangaroa.
Public Domains Act, 1860," to certain persons therein
specified:

And whereas it is expedient to revoke the said
Order in Council, and to make another delegation in
lieu thereof:

Now, therefore, His Excellency the Governor, by
and with the advice and consent of the Executive Coun-
cil, doth, by this present order, revoke the delegation
contained in the said Order in Council, and doth,
with the like advice and consent, by this present
order, delegate, but only with respect to the piece
or parcel of land described in the first clause or
section of the Schedule to "The Public Domains
Act, 1881," all the powers conferred by the Act first
above mentioned, except the powers under or
conferred by sections five and twelve, to the under-
mentioned persons :-

Graves Aicken, Esquire,
Robert Clapham Barstow, Esquire,
William Francis Buckland, Esquire,
Arthur Bull, Esquire,
James McCosh Clark, Esquire,
Francis Dart Fenton, Esquire,
Thomas Macffarlane, Esquire,
Edmund Augustus Mackechnie, Esquire,
Thomas Taylor Masefield, Esquire,
Samuel Morrin, Esquire,
Thomas Peacock Esquire,
James Russell, Esquire,
Percy Stephenson Smith, Esquire, and
Robert John Yates, Esquire

(herein referred to as "the delegates"), subject to
the stipulations hereinafter contained, that is to say,-

  1. The delegates shall hold their first meeting on
    Monday, the twenty-third day of January, one
    thousand eight hundred and eighty-two, at the
    Customhouse and Post Office Buildings, in a room
    therein called "Ministers'-room." Subsequent meet-
    ings shall be held at such time and place as the
    meeting shall from time to time appoint.

  2. The delegates may from time to time at any
    special meeting make such rules and regulations for
    conduct of their proceedings as they may think
    proper and necessary.

  3. Special meetings may be convened by the Chair-
    man, or by any two of the delegates, provided that
    two days' notice of such meeting be given to each
    delegate, specifying the business to be transacted at
    such special meeting, and no other business than that
    so specified shall be transacted at such meeting.

  4. Any five of the said delegates shall form a
    quorum. Any meeting may be adjourned from time
    to time.

  5. The delegates shall, at their first meeting, and
    thereafter at an annual meeting to be held on the
    first Monday in every succeeding year thereafter,
    elect one of themselves to be Chairman, who may
    join in the discussion, and shall have an original as
    well as a casting-vote. The Chairman shall hold
    office until the election of his successor.

  6. If at any meeting the Chairman is not present
    at the time appointed for holding the same, the dele-
    gates present shall choose some one of their number
    to be Chairman of such meeting.

  7. If by resignation, death, or incapacity, or other-
    wise, the office of Chairman shall be or become
    vacant, the delegates may at any monthly or special
    meeting appoint a Chairman.

  8. All questions shall be determined by the ma-
    jority of votes of the delegates present at a meeting.

FORSTER GORING,
Clerk of the Executive Council.
A. GORDON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this
seventeenth day of January, 1882.

Present :

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by the sixteenth section of "The
Harbours Act, 1878," it is enacted that in
any harbour where no Harbour Board is in existence
the Governor in Council may authorize any person
to construct harbour works (other than the reclama-
tion of land from the sea in any harbour, or the con-
struction of any graving dock or breakwater in any
harbour or in the sea), and to use and occupy such
part of the foreshore or of any tidal land or tidal
waters as may be necessary for the construction or
use of such harbour works :

And whereas Messrs. Wigmore and Tolerton, of
Whangaroa, desire to build a wharf in Whangaroa
Harbour, a place where no Harbour Board is in
existence :

Now, therefore, the Governor of the Colony of
New Zealand, by and with the advice and consent of
the Executive Council of the said colony, doth hereby
authorize the said Messrs. Wigmore and Tolerton to
build, for the use and benefit of the public, a wharf
in Whangaroa Harbour, in accordance with the plans
marked M.D. 594 and 596, and deposited in the office
of the Marine Department, and to use and occupy
such portion of the foreshore or of any tidal land or
tidal water as may be necessary for the construction
and use of such wharf, subject to the following
conditions, that is to say,-

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

  2. That Her Majesty or the Governor, 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, through, and out of
    the wharf without payment.

  3. That the said Messrs. Wigmore and Tolerton
    shall maintain and keep the above-mentioned wharf
    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 their own cost any such
    lights: Provided that no 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 reasonable
    times enter upon the said wharf and any buildings
    erected thereon, and view the state of repairs thereof;
    and that, upon his leaving at the last known address
    of Messrs. Wigmore and Tolerton a notice in writing
    of any defect or want of repair in such wharf or
    buildings, requiring them, within a reasonable time to
    be therein prescribed, to repair the same, the said
    Messrs. Wigmore and Tolerton shall, with all con-
    venient speed, cause such defect to be removed or
    such repairs to be made.

  5. That Messrs. Wigmore and Tolerton 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
    Messrs. Wigmore and Tolerton to do or cause to be
    done anything repugnant to or inconsistent with any
    law relating to the Customs, or any regulation of the



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1882, No 4





✨ LLM interpretation of page content

🏘️ Order in Council regarding re-delegating powers to the Auckland Domain Board (continued from previous page)

🏘️ Provincial & Local Government
17 January 1882
Delegation, Public Domains Act 1881, Executive Council, Delegates, Rules of Procedure
14 names identified
  • Graves Aicken (Esquire), Appointed as delegate for domain powers
  • Robert Clapham Barstow (Esquire), Appointed as delegate for domain powers
  • William Francis Buckland (Esquire), Appointed as delegate for domain powers
  • Arthur Bull (Esquire), Appointed as delegate for domain powers
  • James McCosh Clark (Esquire), Appointed as delegate for domain powers
  • Francis Dart Fenton (Esquire), Appointed as delegate for domain powers
  • Thomas Macffarlane (Esquire), Appointed as delegate for domain powers
  • Edmund Augustus Mackechnie (Esquire), Appointed as delegate for domain powers
  • Thomas Taylor Masefield (Esquire), Appointed as delegate for domain powers
  • Samuel Morrin (Esquire), Appointed as delegate for domain powers
  • Thomas Peacock (Esquire), Appointed as delegate for domain powers
  • James Russell (Esquire), Appointed as delegate for domain powers
  • Percy Stephenson Smith (Esquire), Appointed as delegate for domain powers
  • Robert John Yates (Esquire), Appointed as delegate for domain powers

  • Forster Goring, Clerk of the Executive Council
  • A. Gordon, Governor

🏘️ Authorizing Messrs. Wigmore and Tolerton to build a Wharf at Whangaroa

🏘️ Provincial & Local Government
17 January 1882
Wharf construction, Harbours Act 1878, Whangaroa, Marine Department, Public access
  • Wigmore, Authorized to build wharf
  • Tolerton, Authorized to build wharf