✨ Foreshore Licenses
among other things, enacted that, where the foreshore has
been legally vested in any Harbour Board or other local
governing body, it may from time to time, subject to the pro-
visions of the one hundred and fifty-sixth section of “The
Harbours Act, 1878,” license and permit any part of the
foreshore to be used or occupied, inter alia, for the purpose
of any local enterprise or object which the Governor in
Council may approve: And whereas by the said Act it is
also provided that every licensee shall, subject to the pro-
visions of the said Act, have power to make and construct
any necessary reclamation for the purpose of erecting on the
foreshore comprised in his license, or upon any land below
low-water mark immediately contiguous to such foreshore
which shall be specified in such license, any building,
structure, erection, or other works to enable him to obtain
the full benefit of such license: And whereas by the said
Act it is further provided that every such license shall be in
writing under the seal of the Board or body granting the
same, and may be for any period not exceeding fourteen
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 Dunedin, Forbury, and
Peninsula Railway and Tramway Company (Limited),
hereinafter called “the said company,” has applied 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 construct and maintain thereon
a railway siding at Anderson’s Bay, Otago Harbour, and,
in accordance with the one hundred and fifty-sixth section of
“The Harbours Act, 1878,” has deposited plans in the office
of the Marine Department, at Wellington (marked M.D.
999 and 1000), showing the place in the said harbour where it
is intended to construct such railway siding, and the area of
foreshore or land below low-water mark intended to be occu-
pied for such purposes: And whereas it has been made to
appear to the Governor in Council that the proposed works
will not be or tend to the injury of navigation; and the said
plans have, prior to the making of this Order in Council, been
approved by the Governor in Council: And whereas there is
no Harbour Board empowered to grant such license, and it is
expedient that a license should be granted and issued to the
said company under the said Act, for the purposes aforesaid,
on the terms and conditions hereinafter expressed:
Now, therefore, I, James Prendergast, for and on behalf of His
Excellency the Governor of the Colony of New Zealand, and
as his duly-appointed Deputy, 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, do hereby approve of the purpose or object for which
the said license is required by the said company as aforesaid;
and in further pursuance and exercise of the said power and
authority, and with the like advice and consent as aforesaid,
do hereby license and permit the said company to use and
occupy that part of the foreshore and of the land below low-
water mark immediately contiguous thereto which is parti-
cularly shown and delineated on the plans so deposited as
aforesaid, for the purpose of constructing or erecting thereon
a railway siding, such license to be held and enjoyed by the
said company 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 part of the
foreshore and of the land below low-water mark necessary
for the construction of the railway siding at Anderson’s Bay,
Otago Harbour, which is shown on the said plans marked
M.D. 999 and 1000. -
In consideration of the concessions and privileges
granted by this Order in Council, the said company shall, on
being supplied with a copy thereof, pay to the Minister the
sum of five pounds, and thereafter an annual sum of one
pound, in respect of such siding, to be paid on the thirty-
first day of December, the first of such payments to be made
on the thirty-first day of December next ensuing. -
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 company 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, and the said company
may be required to remove the siding from the foreshore of
Otago Harbour at their own cost, without payment of
any compensation whatever, on giving to the said company
three calendar months’ previous notice in writing. Any
such notice shall be sufficient if given by the Minister, and
delivered at the registered office of the company.
-
The said siding shall be constructed to the satisfaction
of an officer appointed by the Minister. -
In case the company shall—
(1.) Commit or suffer a breach of the conditions herein-
before set forth, or any of them;
(2.) Cease to use or occupy the said siding;
(3.) Fail to pay the sum specified in clause two of these
conditions; or
(4.) Be wound up or dissolved in any manner, or suffer
or permit any steps or proceedings to be taken by any
person for the purpose of winding-up or dissolving the
said company,
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 company or other proceeding whatsoever, and publica-
tion in the New Zealand Gazette of an Order in Council con-
taining such revocation shall be sufficient notice to the said
company, and to all persons concerned or interested, that this
Order in Council and the rights and privileges thereby con-
ferred have been revoked and determined; and upon such
revocation the Minister may cause the said siding, and all
other erections or buildings thereto belonging, to be removed,
and may recover the cost incurred by any such removal from
the said company, its successors or assigns.
- 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.
Licensing E. H. Crease and Others to use and occupy a Part
of the Foreshore of Endeavour Inlet.
WM. F. DRUMMOND JERVOIS, Governor,
By his Deputy,
JAMES PRENDERGAST.
ORDER IN COUNCIL.
At the Government House, at Wellington, this eleventh day
of March, 1885.
Present:
HIS EXCELLENCY THE DEPUTY-GOVERNOR IN COUNCIL.
WHEREAS by “The Harbours Act Amendment Act,
1883” (hereinafter called “the said Act”), it is
among other things, enacted that, where the foreshore has
been legally vested in any Harbour Board or other local
governing body, it may from time to time, subject to the pro-
visions of the one hundred and fifty-sixth section of “The
Harbours Act, 1878,” license and permit any part of the
foreshore to be used or occupied, inter alia, for the erection
and use of any landing-place or wharf: And whereas by the
said Act it is also provided that every licensee shall, subject
to the provisions of the said Act, have power to make and con-
struct any necessary reclamation for the purpose of erecting
on the foreshore comprised in his license, or upon any land
below low-water mark immediately contiguous to such fore-
shore which shall be specified in such license, any building,
structure, erection, or other works to enable him to obtain
the full benefit of such license: And whereas by the said
Act it is further provided that every such license shall be in
writing under the seal of the Board or body granting the
same, and may be for any period not exceeding fourteen
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
purposes hereinbefore mentioned, and all the provisions
of the said Act in respect of such licenses shall, mutatis
mutandis, apply accordingly: And whereas Edmund Hol-
land Crease, Houston Francis Logan, Walter Turnbull,
James Wallace, and Charles Edmund Walter Willeston,
of Wellington, and William Duncan, of Picton (herein-
after termed “the said licensees”), have applied for a
license under the said Act to occupy a part of the fore-
shore and the land below low-water mark at Endeavour
Inlet, Queen Charlotte Sound, in order to erect and main-
tain thereon a wharf; and, in accordance with the one hun-
Next Page →
✨ LLM interpretation of page content
🏗️
Licensing the Dunedin, Forbury, and Peninsula Railway and Tramway Company to Use Foreshore
(continued from previous page)
🏗️ Infrastructure & Public Works5 March 1885
Licensing, Railway, Tramway, Otago Harbour, Foreshore, Anderson’s Bay
- James Prendergast, Deputy Governor
🏗️ Licensing E. H. Crease and Others to use and occupy a Part of the Foreshore of Endeavour Inlet
🏗️ Infrastructure & Public Works11 March 1885
Licensing, Foreshore, Wharf, Queen Charlotte Sound, Endeavour Inlet
6 names identified
- Edmund Holland Crease, Licensed to use foreshore
- Houston Francis Logan, Licensed to use foreshore
- Walter Turnbull, Licensed to use foreshore
- James Wallace, Licensed to use foreshore
- Charles Edmund Walter Willeston, Licensed to use foreshore
- William Duncan, Licensed to use foreshore
- W. F. Drummond Jervois, Governor
- James Prendergast, Deputy Governor
NZ Gazette 1885, No 15