✨ Legal Orders & Land Exchange
Dec. 7.] THE NEW ZEALAND GAZETTE. 2219
includes any officer, person, or authority acting by or under the direction of such Minister.
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The concessions and privileges conferred by this Order in Council shall extend and apply only to the part of the foreshore and land below low-water mark necessary for the erection of the wharf, as shown on plans marked M.D. 2317 and 2318.
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In consideration of the concessions and privileges granted by this Order in Council, the company shall, on being supplied with a copy thereof, pay to the Minister the sum of £5, and thereafter an annual sum of £2, payable on the 1st day of December, dating from the 1st day of December, 1899, the first of such annual payments to be made on the company being supplied with a copy of this Order in Council.
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All persons shall, at all reasonable times, upon payment of the proper dues, have free and full liberty to use the said wharf, and all rights of ingress and egress thereon and therefrom.
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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 said wharf without payment.
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The company 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 necessary lights for the guidance of vessels: Provided that no light shall be exhibited until after it has been approved of by the Minister.
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Any person authorised by the Minister may at all reasonable times enter upon the said wharf and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the company in New Zealand a notice in writing of any defect or want of repair in such wharf, requiring it, within a reasonable time, to be therein prescribed, to repair the same, it shall with all convenient speed cause such defect to be removed or such repairs to be made.
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Nothing herein contained shall authorise the company 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.
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The ballast of all vessels loading at the said wharf shall be taken away by the company 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.
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The rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force for fourteen years from the date hereof, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the company shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.
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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 company 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 company in New Zealand.
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The company 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.
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In case the company 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 wharf for a period of thirty days;
(3.) Become bankrupt, or be in any manner brought under the operation of any Act for the time being in force relating to bankruptcy; or
(4.) Fail to pay the sums specified in clause 3 of these conditions,
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 company 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 company, and to all persons concerned or interested, that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined. -
The erection of the wharf shall be sufficient evidence of the acceptance by the company of the terms and conditions of this Order in Council.
ALEX. WILLIS,
Clerk of the Executive Council.
Exchange of a Portion of a Reserve in Canterbury for other Land.
RANFURLY, Governor.
By his Deputy,
ROBERT STOUT.
ORDER IN COUNCIL.
At the Government House, at Wellington, this fourth day of December, 1899.
Present:
His Excellency the Governor in Council.
WHEREAS the land mentioned in the first column of the Schedule hereto was permanently set apart as a plantation reserve: And whereas, in the opinion of the Governor, it is expedient to exchange the said land for that described in the second column of the Schedule hereto:
Now, therefore, His Excellency the Governor of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, and in exercise of the powers and authorities vested in him by the fourth section of “The Public Reserves Act, 1881,” and the third section of “The Public Reserves Act Amendment Act, 1889,” doth hereby declare that the portion of the said reserve described in the first column of the Schedule hereto may be exchanged for the land described in the second column of the Schedule hereto.
SCHEDULE.
| Description of Portion of Reserve intended to be exchanged. | Description of Land to be obtained in Exchange therefor. |
|---|---|
| All that parcel of land in the Canterbury Land District, containing 124 acres and 11 perches, more or less, being part of Plantation Reserve 2734 (in red), situate in Blocks V., IX., X., and XIV., Spaxton Survey District; being a strip of land 200 links wide, extending in a south-easterly direction on an average of 62036 links; the north-west corner of the said strip of land being 500 links southward along the road forming the western boundary of Section 29536, thence at a right angle, 33 links, to the aforesaid north-west corner: save and except three road-lines, each 100 links wide, and two parcels of said reserve measuring 200 by 500 links abutting on two of the said roads, and which intersect the area hereby described: be all the aforesaid linkages more or less: as the same is more particularly delineated on the plan in the Survey Office, Christchurch. | All that parcel of land in the Canterbury Land District, containing 30 acres 2 roods 15 perches, more or less, situate in Block V., Spaxton Survey District; being a strip of land 5 chains south of and parallel to the northern boundary of Section 29536, continued through Section 34144 to the road, and forming part of said sections: save and except therefrom that portion of Reserve 2734 intersecting the westernmost corner of the above-described land. Also all that parcel of land, containing 30 acres 3 roods 10 perches, more or less, being Section 32653x, and parts of Sections 32653, 34144, and 34144x, situate in Block V., Spaxton Survey District. Bounded on the northward by a road-line, 6363 links; on the eastward by a road-line, 500·7 links; on the southward by Reserve 1606 (in red), Section 30189, Plantation Reserve 2734 (in red), and Section 35909, 6363 links; and on the westward by Sections 34144 and 34144x, 500·7 links: save and except a parcel of the said Reserve 2734, measuring 200 by 500 links, intersecting the area hereby described. Also all that parcel of land, containing 62 acres 2 roods 26 perches, more or less, situate in Blocks IX. and X., Spaxton Survey District; being the whole of Section 34147, and the portions of Sections 30629 and 34148 contained by the continuation westerly of the north-western boundary of said Section 34147 a distance of 6464·8 links: save and except therefrom the road and portion of Reserve 2734, which intersect the above-described land: be all the aforesaid linkages more or less: as the same is more particularly delineated on the plan in the Survey Office, Christchurch. |
ALEX. WILLIS,
Clerk of the Executive Council,
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✨ LLM interpretation of page content
🚂
Licensing the Coastal Steamship Company to occupy part of the foreshore for a wharf
(continued from previous page)
🚂 Transport & Communications4 December 1899
Coastal Steamship Company, Wharf, Mahurangi River, Foreshore, Marine Department, Order in Council
- Alex. Willis, Clerk of the Executive Council
🗺️ Exchange of a portion of a plantation reserve in Canterbury for other land
🗺️ Lands, Settlement & Survey4 December 1899
Land exchange, Canterbury, Plantation Reserve 2734, Spaxton Survey District, Public Reserves Act
- Ranfurly, Governor
- Robert Stout, Deputy
- Alex. Willis, Clerk of the Executive Council
NZ Gazette 1899, No 102