Harbour Licenses




1064 THE NEW ZEALAND GAZETTE. [No. 47

Now, therefore, His Excellency the Administrator of the
Government 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 approve of the purpose or ob-
ject for which the said license is required by the licensee 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 licensee 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 so deposited
as aforesaid, for the purpose of constructing or erecting
thereon a shed; such license to be held and enjoyed by the
licensee upon and subject to the following terms and condi-
tions, that is to say:—

  1. 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.

  2. 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 shown on
    the said plan marked M.D. 2127.

  3. In consideration of the concessions and privileges
    granted by this Order in Council, the licensee shall pay to
    the Minister the annual sum of five shillings, such annual
    payments to date from the first day of January, one thousand
    eight hundred and ninety-seven.

  4. 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 au-
    thority; and the licensee shall not assign, charge, or part
    with any such right, power, or privilege without the pre-
    vious written consent of the Minister first obtained.

  5. That the said rights, powers, and privileges may be at
    any time resumed by the Governor, and the licensee may be
    required to remove the shed, at his own cost, without pay-
    ment of any compensation whatever, on giving to the licensee
    three 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
    licensee in New Zealand.

  6. The licensee shall be liable for any injury which may
    be sustained by any vessel or boat in passing the shed or by
    contact with it, and which may be occasioned by any default
    or neglect on his part.

  7. In case the licensee shall—
    (1.) Commit or suffer a breach of the conditions
    hereinbefore set forth, or any of them;
    (2.) Cease to use or occupy the said shed for a period of
    thirty days;
    (3.) Fail to pay the sums specified in clause three of
    these conditions; or
    (4.) Become bankrupt, or be in any manner brought
    under the operation of any law in force for the
    time being relating to bankruptcy,
    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
    licensee or other proceeding whatsoever; and publication
    in the New Zealand Gazette of an Order in Council contain-
    ing such revocation shall be sufficient notice to the licensee,
    and to all persons concerned or interested, that this Order
    in Council, and the rights and privileges thereby conferred,
    have been revoked and determined; and upon such revoca-
    tion the Minister may cause the said shed, and all other
    erections or buildings thereto belonging, to be removed, and
    may recover the cost incurred by any such removal from the
    licensee.

  8. The erection of the shed shall be deemed to be an
    acceptance by the licensee of the conditions of this Order
    in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing Frederick Lonneker to use and occupy a Part of the
Foreshore of Half-moon Bay.

JAMES PRENDERGAST,
Administrator of the Government.
ORDER IN COUNCIL.

At the Government House, at Wellington, this seventeenth
day of May, 1897.

Present:
HIS EXCELLENCY THE ADMINISTRATOR OF THE GOVERNMENT
IN COUNCIL.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, Frederick
Lonneker, of Half-moon Bay, Stewart Island (hereinafter
called "the licensee"), has applied to the Governor in
Council for a license under "The Harbours Act Amend-
ment Act, 1883" (hereinafter called "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 shed in Half-moon Bay,
Stewart Island; 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. 2127), showing the place in the
said bay where it is intended to erect such shed, 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: And whereas it is
expedient that a license under the said Act, for the purpose
aforesaid, should be granted and issued to the licensee on
the terms and conditions hereinafter expressed:

Now, therefore, His Excellency the Administrator of the
Government 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 approve of the purpose
or object for which the said license is required by the licensee
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 licensee 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 so deposited
as aforesaid, for the purpose of constructing or erecting
thereon a shed; such license to be held and enjoyed by the
licensee upon and subject to the following terms and condi-
tions, that is to say:—

  1. 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.

  2. 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 shown on
    the said plan marked M.D. 2127.

  3. In consideration of the concessions and privileges
    granted by this Order in Council, the licensee shall pay to
    the Minister the annual sum of five shillings, such annual
    payments to date from the first day of January, one thousand
    eight hundred and ninety-seven.

  4. 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 au-
    thority; and the licensee shall not assign, charge, or part
    with any such right, power, or privilege without the pre-
    vious written consent of the Minister first obtained.

  5. That the said rights, powers, and privileges may be at
    any time resumed by the Governor, and the licensee may be
    required to remove the shed, at his own cost, without pay-
    ment of any compensation whatever, on giving to the licensee
    three 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
    licensee in New Zealand.

  6. The licensee shall be liable for any injury which may
    be sustained by any vessel or boat in passing the shed or by
    contact with it, and which may be occasioned by any default
    or neglect on his part.

  7. In case the licensee shall—
    (1.) Commit or suffer a breach of the conditions
    hereinbefore set forth, or any of them;
    (2.) Cease to use or occupy the said shed for a period of
    thirty days;
    (3.) Fail to pay the sums specified in clause three of
    these conditions; or
    (4.) Become bankrupt, or be in any manner brought
    under the operation of any law in force for the
    time being relating to bankruptcy,
    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
    licensee or other proceeding whatsoever; and publication
    in the New Zealand Gazette of an Order in Council contain-
    ing such revocation shall be sufficient notice to the licensee,
    and to all persons concerned or interested, that this Order
    in Council, and the rights and privileges thereby conferred,
    have been revoked and determined; and upon such revoca-
    tion the Minister may cause the said shed, and all other
    erections or buildings thereto belonging, to be removed, and
    may recover the cost incurred by any such removal from the
    licensee.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1897, No 47





✨ LLM interpretation of page content

🚂 Licenses William Peterson to occupy foreshore at Half-moon Bay (continued from previous page)

🚂 Transport & Communications
17 May 1897
Harbour license, Foreshore occupation, Half-moon Bay, Stewart Island
  • Alex. Willis, Clerk of the Executive Council

🚂 Licenses Frederick Lonneker to occupy foreshore at Half-moon Bay

🚂 Transport & Communications
17 May 1897
Harbour license, Foreshore occupation, Half-moon Bay, Stewart Island
  • Frederick Lonneker, Licensed to occupy foreshore

  • James Prendergast, Administrator of the Government