β¨ Foreshore License Continuation and Land Reservations
DEC. 20.]
THE NEW ZEALAND GAZETTE.
1779
years from the date thereof, and may prescribe a sum of
money to be payable either at stated periods or on or before
the granting thereof for the use of the foreshore so granted,
and may prescribe any other terms or conditions, general or
particular, to be observed or performed by the person to
whom the same is granted: And whereas by the said Act it
is also enacted that, in any case where there is no Harbour
Board, or no Harbour Board empowered to grant any such
license as aforesaid, the Governor in Council may in his
discretion grant and issue a license for all or any of the pur-
poses hereinbefore mentioned, and all the provisions of the
said Act in respect of such licenses shall, mutatis mutandis,
apply accordingly: And whereas the Borough Council of
Caversham, hereinafter called "the said Council," has ap-
plied for a license under the said Act to occupy a part of the
foreshore and the land below low-water mark immediately
contiguous to such foreshore, in order to erect and maintain
thereon a bath and bath-houses at Forbury Point, Saint
Clair, Caversham; and, in accordance with the one hundred
and fifty-sixth section of "The Harbours Act, 1878," has
deposited a plan in the office of the Marine Department,
at Wellington (marked M.D. 867), showing the place where
it is intended to erect such bath and bath-houses, and the
area of foreshore or land below low-water mark intended to
be occupied for such purposes: And whereas it has been
made to appear to the Governor in Council that the proposed
work will not be or tend to the injury of navigation; and the
said plan has, prior to the making of this Order in Council,
been approved by the Governor in Council, without modifica-
tion or addition: And whereas there is no Harbour Board
having jurisdiction at Caversham, and it is expedient that a
license should be granted and issued to the said Council
under the said Act, for the purposes aforesaid, on the terms
and conditions hereinafter expressed:
Now, therefore, His Excellency the Governor of the Colony
of New Zealand, in pursuance and exercise of the power and
authority vested in him by the said Act, and with the advice
and consent of the Executive Council of the said colony, doth
hereby license and permit the said Council to use and occupy
those parts of the foreshore and of the land below low-water
mark immediately contiguous thereto which are particularly
shown and delineated on the plan so deposited as aforesaid,
for the purpose of constructing or erecting thereon a bath
and bath-houses, such license to be held and enjoyed by
the said Council upon and subject to the following terms
and conditions, that is to say,-
-
The concessions and privileges conferred by this Order
in Council shall extend and apply only to the parts of the
foreshore and of the land below low-water mark required for
the construction of the bath and bath-houses, and any enclo-
sure or fence necessary for the protection or privacy of the
same, as shown and delineated on the said plan as aforesaid. -
A portion of the natural rock, of a width not less than
twenty feet, shall be left seaward of the bath, and the material
removed in the construction of the bath shall be thrown up
as a wave-break, and the foreshore included in this license
shall be used solely for bathing purposes. -
The Council shall, during the subsistence of this Order
in Council, provide and maintain a proper and sufficient bath
and a bath-house or -houses, with all such necessary appli-
ances and conveniences thereto as will enable the inhabitants
of the borough to use and enjoy the same, and all other
advantages hereby conferred in respect of the use and occupa-
tion of the foreshore and land below high water, and with or
without any charge for the same, and under such regulations
for the decent and orderly use thereof as the Council, by any
by-laws in that behalf, from time to time directs. -
A printed copy of the by-laws affecting the use of the
said bath and bath-houses, and advantages as aforesaid, shall
be put up by the Council in every such bath-house. -
That the rights, powers, and privileges conferred 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 such rights, powers, and privileges shall be
altered, modified, or revoked by competent authority; and
the said Council shall not assign, charge, or part with any
such right, power, or privilege without the previous written
consent of the Minister first obtained. -
That the said rights, powers, and privileges may be at
any time resumed by the Governor, without payment of any
compensation whatever, on giving to the said Council three
calendar months' previous notice in writing. Any such
notice shall be sufficient if given by the Minister, and
delivered at the office of the said Council. -
In case the said Council shall-
(1.) Commit or suffer a breach of the conditions herein-
before set forth, or any of them; or
(2.) Cease to provide or maintain the said bath and bath-
houses for the use of the inhabitants of the borough
for bathing purposes-
then and in any of the said cases this Order in Council
and every right, power, or privilege may be revoked and deter-
mined by the Governor in Council without any notice to the
said Council or other proceeding whatsoever; and publication
in the New Zealand Gazette of an Order in Council containing
such revocation shall be sufficient notice to the said Council,
and to all persons concerned or interested, that this Order in
Council and the rights and privileges thereby conferred have
been revoked and determined. -
In these conditions the term "Minister" means the
Minister having charge of the Marine Department, as defined
by "The Shipping and Seamen's Act, 1877," and includes
any officer, person, or authority acting by or under the
direction of such Minister.
FORSTER GORING,
Clerk of the Executive Council.
Lands temporarily reserved in the Land Districts of Auck-
land, Canterbury, and Otago.
WM. F. DRUMMOND JERVOIS,
Governor.
WHEREAS by the one hundred and forty-fourth sec-
tion of "The Land Act, 1877," it is enacted that the
Governor may from time to time, either by general or
particular description, and whether the same has been
surveyed or not, reserve from sale temporarily, notwithstand-
ing that the same may be then held under pastoral license,
any Crown lands which in his opinion are required for any
of the purposes in the said section mentioned:
Now, therefore, I, William Francis Drummond Jervois,
the Governor of the Colony of New Zealand, in exercise and
pursuance of the powers and authorities vested in me by the
said Act, do hereby temporarily reserve from sale the land in
the Land Districts of Auckland, Canterbury, and Otago,
described in the Schedule hereunder written, for the purposes
in the said Schedule specified.
SCHEDULE.
AUCKLAND.
ALL that parcel of land in the Provincial District of Auck-
land, containing by admeasurement 4 acres 3 roods 38 perches,
more or less, being Lots Nos. 21, 26, 27, 28, and 29 of the
Town of Kihikihi, Puniu Survey District. Bounded towards
the North by Whitmore Street, 700 links; towards the South-
east by Oliver Street, 370 links; towards the South-west
by Lot No. 22, 340 links; towards the South-east again by
Lots Nos. 22, 23, and 24, 885 links; towards the South-west
again by Lots Nos. 25 and 30, 340 links; and towards the
North-west and West by Whitaker Street, 723 links and 326
links: be all the aforesaid linkages more or less. For a
school site.
CANTERBURY.
All that parcel of land in the Provincial District of Canter-
bury, containing by admeasurement 1 rood, more or less,
being Section No. 2622 (in red), situate in the Township of
Chertsey, Ashburton Survey District. Bounded towards the
North-east by Wakanui Road, 155 links; towards the North-
west by Section No. 14 in the said township, 194 links;
towards the South-west by Sections Nos. 18 and 17, 147 links;
and towards the South-east by Section No. 16, 145 links: be
all the aforesaid linkages more or less; as the same is de-
lineated on the plan deposited in the District Survey Office,
Christchurch. For a site for a public library.
OTAGO.
All that area in the Provincial District of Otago, being
Section No. 28, Block VII., Otago Peninsula Survey District,
and Section No. 4, Block XII., Dunedin and East Taieri
Survey District, containing by admeasurement 132 acres,
more or less. Bounded towards the North-west generally by
Application No. 12, Block XII., Dunedin and East Taieri
Survey District, by a road-line to Section No. 27, Block VII.,
Otago Peninsula Survey District; thence by that section
and again by a road-line to the southernmost corner of
Section No. 8, Block III., Anderson's Bay Survey District;
thence by said section and again by a road-line to Section
No. 26, Block VII., Otago Peninsula Survey District; towards
the East by that section to its south-west corner; and thence
by a line due south to the high-water mark of the ocean;
and towards the South generally by the said high-water mark
to its intersection with the south-east boundary-line of
Application No. 12 first mentioned, excepting a road-line
60 links wide intersecting the above-described area: as the
same is delineated on the plans in the Survey Office,
Dunedin. For a recreation-ground.
All that parcel of land in the Provincial District of Otago,
containing by admeasurement 5 acres 2 roods, more or less,
situate in the Township of Kaitangata, and being sections
numbered respectively 1 to 22 (inclusive) of Block XXIII. of
said township. Bounded towards the North-east by Needles
Street, 1100 links; towards the South-east by Eddystone
Street, 500 links; towards the South-west by Christchurch
Street, 1100 links; and towards the North-west by Aitcheson
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ποΈ
Terms and Conditions for Caversham Foreshore License
(continued from previous page)
ποΈ Provincial & Local Government20 December 1883
Caversham Borough Council, foreshore license, bath construction, Forbury Point, Executive Council
- Forster Goring, Clerk of the Executive Council
πΊοΈ Temporary Reservation of Crown Lands in Auckland, Canterbury, and Otago
πΊοΈ Lands, Settlement & Survey20 December 1883
Land reservation, Crown lands, Auckland, Canterbury, Otago, school site, public library, recreation-ground
- William Francis Drummond Jervois, Governor
NZ Gazette 1883, No 133