β¨ Wharfage Charges and Licensing
JULY 2.] THE NEW ZEALAND GAZETTE. 769
WHARFAGE CHARGES, OUTWARDS.
Flax, minimum charge ... ... ... ... 0 6
Bones, per ton ... ... ... ... 1 6
Bones, at per sack or bag, each ... ... ... 0 2
STORAGE ON IMPORTS AND EXPORTS.
All goods stored free for forty-eight hours.
After forty-eight hours, for a ton or part of a ton, per
week ... ... ... ... ... ... 1 0
No goods shall remain in the store for a longer period than
one month, and any goods which are left therein for a longer
period than one month may be removed and stored by the
wharfinger at the owners' risk and expense.
SECOND SCHEDULE.
Clause 13. The following words shall be added to this
clause: "Nor shall any person smoke within the shed."
Clause 15. The following words shall be added to this
clause: "Any goods landed on or shipped from the old
wharf shall in all respects be liable to the same charges as
goods landed on or shipped from the new wharf."
Clause 18. The Council will take all care of goods, but
will not be responsible for any damage from fire.
ALEX. WILLIS,
Clerk of the Executive Council.
Licensing the Okain's Bay Road Board to use and occupy
a Part of the Foreshore of Okain's Bay.
ONSLOW, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this thirtieth
day of June, 1891.
Present:
HIS EXCELLENCY THE 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
provisions 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
erect 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 construct any necessary reclamation for
the purpose of erecting on the foreshore comprised in his
license, or upon any land below low-water mark imme-
diately contiguous to such foreshore which shall be speci-
fied 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 the Okain's Bay Road
Board (hereinafter called "the Board"), 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 Okain's Bay Harbour, in order to erect
and maintain thereon a wharf; 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. 1675), showing
the manner in which it is proposed to construct such wharf,
the place in the said harbour where it is intended to erect
the same, and the area of foreshore or land below low-
water mark intended to be occupied for such purpose: 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 modification or addition:
And whereas there is no Harbour Board having jurisdiction
in the said harbour, and it is expedient that a license should
be granted and issued to the Board under the said Act,
for the purpose aforesaid, on the terms and conditions herein-
after expressed:
Now, therefore, the Governor of the Colony of New Zea-
land, in pursuance and exercise of the power and authority
vested in him by the said Act, and with the advice and con-
sent of the Executive Council of the said colony, doth
hereby approve of the purpose or object for which the said
license is required by the Board as aforesaid; and in further
pursuance and exercise of the said power and authority, and
with the like advice and consent as aforesaid, doth hereby
license and permit the Board to use and occupy that part
of the foreshore and of the land below low-water mark
immediately contiguous thereto which is particularly shown
and delineated on the plan marked M.D. 1675 so deposited
as aforesaid, for the purpose of constructing or erecting
thereon a wharf, such license to be held and enjoyed by the
Board upon and subject to the following terms and con-
ditions, 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 necessary
for the erection of such wharf, which are shown on the plan
marked M.D. 1675. - That all Her Majesty's subjects shall at all reasonable
times, upon payment of the proper dues, have free and full
liberty to use the wharf, and of ingress and egress thereon. - 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. - The Board shall maintain the above-mentioned wharf
in good order and repair; and shall at all times exhibit
therefrom and maintain, at its own cost, suitable and neces-
sary lights for the guidance of vessels: Provided that no
light shall be exhibited until after it has been approved of
by the Minister. - Any person authorised by the Minister may at all
reasonable times enter upon the said wharf and view the
state of repairs thereof; and upon such Minister leaving at
or posting to the last-known address of the Board a notice
in writing of any defect or want of repair in such wharf,
requiring it within a reasonable time, to be therein pre-
scribed, to repair the same, it shall, with all convenient
speed, cause such defect to be removed or such repairs to
be made. - That nothing herein contained shall authorise the
Board to do or cause to be done anything repugnant to or
inconsistent with any law relating to the Customs, or any
regulation of the Commissioner of Trade and Customs, or
with any provisions of "The Harbours Act, 1878," or its
amendments, or any regulations made thereunder, and that
are now or may hereafter be in force. - That the ballast of all vessels loading at the said wharf
shall be taken away by the Board and deposited above high-
water mark, or at such place as may be approved of by the
Minister, or by any person appointed by the Minister for
that purpose. - 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 Board shall not assign, charge, or part with any such
right, power, or privilege without the previous written con-
sent 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 Board six calendar
months' previous notice in writing. Any such notice shall
be sufficient if given by the Minister and delivered at or
posted to the last-known address of the Board. - The Board shall be liable for any injury which the
said wharf may cause any vessel or boat to sustain through
any default or neglect on its part. - In case the Board shall-
(1.) Commit or suffer a breach of the conditions hereinbe-
fore set forth, or any of them;
(2.) Cease to use or occupy the said wharf;
then, and in either of the said cases, this Order in Council,
and every right, power, or privilege, may be revoked and
determined by the Governor in Council without any notice
to the Board or other proceeding whatsoever; and publica-
tion in the New Zealand Gazette of an Order in Council
containing such revocation shall be sufficient notice to the
Board, 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. - In these conditions the term "Minister" means the
Minister having charge of the Marine Department, as de-
fined by "The Shipping and Seamen's Act, 1877," and in-
cludes any officer, person, or authority acting by or under
the direction of such Minister.
ALEX. WILLIS,
Clerk of the Executive Council.
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ποΈ Wharfage Charges and Storage Regulations
ποΈ Infrastructure & Public WorksWharfage, Storage, Charges, Regulations
ποΈ Licensing the Okain's Bay Road Board to use and occupy a Part of the Foreshore of Okain's Bay
ποΈ Infrastructure & Public Works30 June 1891
Licensing, Foreshore, Wharf, Okain's Bay, Road Board
- Onslow, Governor
- Alex. Willis, Clerk of the Executive Council
NZ Gazette 1891, No 50