Licensing and Orders in Council




JAN. 9.][T]HE NEW ZEALAND G[ ]A[Z]ETTE.[ ]5

as aforesaid; and in further pursuance and exercise of the
said power and authority, and with the like advice and con-
sent as aforesaid, doth herby license and permit the licensees
to use and occup that part of the foreshore edged red on the
plan marked M.D. 2043 for the erection of fish-cleaning
sheds and a tramway in aocordance with the plan marked
M.D. 2043, and which said license shall be held and enjoyed
by the licensees upon and subject to the following terms and
conations, that is to say:—

  1. In these conditions the term "Minister" means the
    Minister having charge of the M arine Department, as defined
    by "The Sh ipping and Se am en's Act, 1877," and includes
    any officer, person, or authority acting by or under the direc -
    tio n of such Minister.

  2. The concessions and privileges conferred by this Order
    in Council shall extend and apply only to the part of the
    foreshore edged red and marked "Shed and tramway site"
    on plan marked M.D. 2043, and deposited in the office of the
    M arine Department as aforesaid.

  3. In considera tio n of the concessions and privileges
    granted by this Order in Council the licensees shall, on being
    supplied with a copy of this Order in Council, pay to the
    Minister the sum of five pounds, and thereaft er an annual
    sum of ten shillings, dating from the first day of December,
    one thousand eight hundred and n inety-five.

  4. Her M aje st y, or the Govern or, and all officers in the
    Government service acting in the execution of their duty,
    sh all at all times have free ing ress, p assage, and egress into,
    throug h, and out of the said sh eds and tramway without
    payment.

  5. The licensees shall complete the erection of the said
    sheds and tramway, in aocordance with the approved plan
    m arkd M.D. 2043, within six calendar months from the
    date of this Order in Council.

  6. The licensees shall maintain the above-mentioned sh eds
    and tramway in good order and repair.

  7. Any person authori sed by the Minister may at all rea -
    sonable times enter upon the said sh eds and tramway and
    view the state of repa irs thereof; and upon such Minister
    leaving at or positing to the last known address of the
    licensees, or either of them, a notice in writing of any defec t
    or want of repair in such sh eds and tramway, requ iring
    th em, within a reasonable time, to be there in prescrib ed,
    to make good the same, they shall with all conv enient
    sp eed cause such defec t to be removed or such repa irs to be
    m ad e, as the case may be.

  8. Nothing herein contained shall authorise the licensees
    to do or cause to be done anything repugnant to or in con -
    sisten t with any law rela t ing to the Cus toms, or any regula -
    tio n of the Commission er of T rade and Cus toms, or with any
    provisions of "The Harbours Act, 1878," or its amendments,
    and that are now or
    m a y hereafter be in force.

  9. The rights, powers, and privileges conferred by or under
    this Order in Council shall continue in force for fourteen
    y ea rs from the date hereof, unless in the meantime such
    righ ts, powers, and privileges shall be alter ed, modif ied, or
    revoked by competent authority; and the licensees shall not
    assign, charge, or part with any such right, power, or privi lege
    withou t the written consent of the Minister first obtained.

  10. The said rights, powers, and privileges may be at any
    time resumed by the G overn or, without payment of any
    comp ensa tio n whatever, on giving to the licensees three
    c alendar months' previous notice in writing. Any such
    n otice shall be sufficient if given by the M inister and
    deliv ered at or posted to the last known address of the
    licensees, or either of them.

  11. The licensees shall be liable for any injury which the
    said sh eds or tramway may cause any v essel or boat to
    sust ain through any default or neglect on their part.

  12. In case the licensees shall—
    (1.) Commit or suffer a breac h of the conditions herein -
    before set forth, or any of them ;
    (2.) C ease to use or occup y the said sh eds and tram -
    way ;
    (3.) B ecome b ankrup t, or be brought under the oper a -
    tio n of any law in force for the time being
    rela t ing to bankr uptcy,
    then and in either of the said cases this Order in Council,
    and every license, right, power, or privi lege th ereby con -
    ferred, may be revoked and determined by the G overn or in
    Council without any notice to the licensees or other pro -
    ceeding whatsoever; and publica tio n in the New Z ealand
    Gazette of an Order in Council containing such revocation
    sh all be sufficient notice to the licensees, and to all persons
    con cerned or interested, that this Order in Council, and
    the license, rights, and privileges th ereby granted and con -
    ferred, have been revoked and determined.

  13. The erection of the sh eds and tramway, or either of
    th em, shall be sufficient proof of the a cceptance by the
    licensees of the conditions of this Order in Council.
    A L E X . W I L L I S,
    Clerk of the Execu tive Council.

Excepting Land from O peration of Section 117 of "The
N ative Land Court Act, 1894. "

GLASGOW, G overn or.
ORDER IN COUNCIL.
At the Governm ent B uildings, at Wellington, this tw enty -
first day of December, 1895.
P resen t:
The H onourable R. J. S eddon p residing in C ouncil.
W HER EAS by section four of "The N ative Land L aw s
A m endm ent Act, 1895," it is ena cted that the
G overn or m a y by Order in Council except from the operation
of section one hundred and sev enteen of "The N ative L and
C ourt Act, 1894" (hereinafter called "the said Act"), for a
lim ited period or otherwise, and either generally or for such
p urposes and subject to such restric tions as shall be in such
Order specified, any land, wheresoever situate, which is for
the time being subject to the operation of the said section, or
any interest therein or right over the same; or may in
like manner make such exception in favour exclusive ly of
any lessee or other person who has been bonâ fide in occup a -
tio n of and has made improv em ents on such land, or has
paid money to N ative owners for le ase or p urchase th ereof
prior to the passing of the said Act: Provided that no
Order in Council under the p rovisions of this section shall
tak e effect until after the exp ira tio n of two months from the
date of the publica tio n thereof in the G azette: Provided
a lso that every a lien ation under the p rovisions of this section
sh all be confirmed by the Court in terms of section fift y -
th ree of the said Act:
Now, therefore, His Excellency the G overn or of the
C olony of N ew Ze aland, in p ursuance and exercise of the
p owers and authorities conferred by the A cts aforesaid or
any of them, and by and with the advice and consent of the
Ex ecutive C ouncil of the said colo n y, doth her eby except
from the operation of section one hundred and sev enteen of
"The N ative L and C ourt Act, 1894," for the p urpose of
alienation by way of m ortgage to the Public T ru stee of the
C olony of N ew Ze aland, the block or p arcel of land known
as "M apunaatea," situate in the W airarap a Sur vey District,
containing one thousand four hundred and sixty -eigh t a c res,
more or less, and being the whole of the land compr ised in
certif icate of title, volume sev enty -t w o, folio one hundred
and seven, of the L and T ransfer Register of the Wellington
L and Reg istra tio n District.
ALEX. W ILLIS,
Clerk of the Ex ecutive Council.

Regulations redu cing R a te of In terest on Common Fund,
Public T ru st Office.

GLASGOW, G overn or.
ORDER IN COUNCIL.
At the Governm ent B uildings, at Wellington, this tw enty -
first day of December, 1895.
P resen t:
The H onourable R. J. S eddon p residing in C ouncil.
W HER EAS in pursuance and exercise of the powers
and authorities conferred by "The Public T ru st
O fice C onsolida tio n Act, 1894," "The L un atics Act, 1882,"
and of all other powers and authorities ena b ling him in this
b ehalf, His Excellency the G overn or of the C olony of N ew
Ze aland, by and with the consent and advice of the Ex ecutive
C ouncil of the said colo n y, did on the nineteenth day of
M arch, one thousand eight hundred and n inety-five, rev oke
so much of the regulations made by an Order in Council
of the tw enty -th ird day of January, one thousand eight
hundred and n inety-five, as is contained in reg ulation four -
een thereof, and did with the like consent and advice make
a new reg ulation fourteen in lieu thereof: And wher eas it is
exp edient again to vary the said reg ulation fourteen: Now,
th erefore, His Excellency the said G overn or, by and with the
consent and advice of the said Ex ecutive C ouncil, doth
her eby rev oke the said reg ulation fourteen made by the said
Order in Council of the said nineteenth day of M arch, one
thousand eight hundred and n inety-five, and in lieu thereof
doth her eby make the following reg ulation, name ly :—

  1. For the p urposes of section 29 of "The Public T ru st
    O fice C onsolida tio n Act, 1894," on and from the 1st day of
    F ebruary, 1896, the interest p aya ble to the respec tive
    estates on m oneys which, belong ing to the said estates or
    any of them, form the common fund shall be compu t ed at
    the rate of £4 per cent. per annum.
    Provided always,—
    (a.) That, where m oneys are paid to the Public T ru stee,
    or into the Public T ru st O fice, for the p urpose of
    being paid to the persons entit led on demand made
    in due form therefor, then no interest shall be
    p aya ble thereon; and where any question a rises
    whether any m oneys come under this p rovision,


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1896, No 2





✨ LLM interpretation of page content

🗺️ Licensing Harrison, Naismith, and Co. to occupy Half-moon Bay Harbour foreshore (continued from previous page)

🗺️ Lands, Settlement & Survey
21 December 1895
License, Foreshore, Fish-cleaning sheds, Tramway, Half-moon Bay Harbour, Stewart Island
  • Alex. Willis, Clerk of the Executive Council

🪶 Excepting Land from Operation of Section 117 of 'The Native Land Court Act, 1894'

🪶 Māori Affairs
21 December 1895
Native Land Court, Section 117, Mapunaatea, Wairarapa, Public Trustee, Mortgage
  • Alex. Willis, Clerk of the Executive Council

💰 Regulations Reducing Rate of Interest on Common Fund, Public Trust Office

💰 Finance & Revenue
21 December 1895
Public Trust Office, Interest Rate, Common Fund, Regulation 14
  • Alex. Willis, Clerk of the Executive Council