✨ Foreshore Licenses
APRIL 20.] THE NEW ZEALAND GAZETTE. 969
- The licensee shall be liable for any injury which the said wharf may cause any vessel or boat to sustain through any default or neglect on his part.
- In case the licensee—
(1.) Commits or suffers a breach of the conditions hereinafter set forth, or any of them ;
(2.) Ceases to use or occupy the said wharf for a period of thirty days ;
(3.) Becomes bankrupt, or is in any manner brought under the operation of any Act for the time being in force relating to bankruptcy ; or
(4.) Fails to pay the sums specified in clause two of these conditions,—
then and in any such case this Order in Council, and every license, right, power, or privilege thereby conferred, may be revoked and determined by the Governor in Council without any notice to the licensee or other proceedings whatsoever ; and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice of the fact to the licensee 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or interested, that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined. - In these conditions the term “Minister” means the Minister having Charge of the Marine Department, and includes any officer, person, or authority acting by or under the direction of such Minister.
SECOND SCHEDULE.
FOR VESSELS HAULING ALONGSIDE THE WHARF.
Under 50 tons, per day or part of a day .. .. 5 0
Over 50 tons and under 100 tons, per day or part of a day .. .. .. 7 6
100 tons and upwards, per day or part of a day .. 10 0
FOR GOODS, ETC., LANDED ON THE WHARF.
General merchandise, with the exceptions hereinafter mentioned, per ton weight or measurement, import or export, or portion of a ton .. .. .. 1 6
Wool, export only, per bale .. .. .. 0 6
Sawn timber, import and export, per 1,000 ft. .. 1 0
Posts and rails, import and export, per 100 .. .. 1 0
Palings, import and export, per 1,000 .. .. 1 0
Shingles, import and export, per 1,000 .. .. 0 6
Tanks (empty), import and export, each .. .. 1 0
Coals, import and export, per ton .. .. .. 1 6
Lime or limestone, import and export, per ton .. 1 6
Grain (all), import only, per ton .. .. .. 2 6
Grain (all), export only, per ton .. .. .. 0 6
Flour, import only, per ton .. .. .. 1 6
Malt, import only, per ton .. .. .. 2 6
Bran, import only, per ton .. .. .. 2 6
Tallow, export only, per ton .. .. .. 2 0
Bricks, import and export, per 1,000 .. .. 2 0
Flax, import only, per bale .. .. .. 0 3
Ale, beer, or porter, in cask, import only, per cask .. 1 6
Two-wheeled carts, drays, or carriages, import and export, each .. .. .. .. 2 6
Four-wheeled carts, drays, or carriages, import and export, each .. .. .. .. 5 0
Firewood, per cord of 128 ft., import only .. .. 1 0
Parcels or packages, under 56 lb., import or export .. 0 6
Personal luggage, up to ½ ton, import or export .. Free.
Personal luggage, over ½ ton, as merchandise, import or export, per ton .. .. .. .. 1 6
Horses and cattle, import or export, each .. .. 2 6
Sheep, import or export, each .. .. .. 0 1
Pigs or goats, import or export, each .. .. 0 3
For each person using the wharf other than the master or crew of any vessel thereat, or passenger coming from or going to such vessel .. .. .. 0 3
J. F. ANDREWS,
Acting Clerk of the Executive Council.
Licensing E. Knewstubb to use and occupy a Part of the Foreshore of Otago Harbour as a Site for a Boatshed and Slipway.
PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this tenth day of April, 1905.
Present:
THE RIGHT HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.
WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Edward Knewstubb, of Port Chalmers, shipwright (hereinafter called “the licensee”), has applied to the Governor in Council for a license under “The Harbours Act Amendment Act, 1883” (hereinafter called “the said Act”), to occupy a part of the foreshore in order to erect and maintain thereon a boatshed and slipway in Mussel 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. 2814; two sheets) showing the place in the said bay where it is intended to erect such boatshed and slipway, and the area of foreshore 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 plans have, 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 Governor 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 which is particularly shown and delineated on the plan marked M.D. 2814 (sheet 1) so deposited as aforesaid, for the purpose of constructing or erecting thereon a boatshed and slipway ; such license to be held and enjoyed by the licensee upon and subject to the following terms and conditions, that is to say,—
- 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.
- The concessions and privileges conferred by this Order in Council shall extend and apply only to the part of the foreshore shown on the said plan marked M.D. 2814 (sheet 1).
- In consideration of the concessions and privileges granted by this Order in Council, the licensee shall, on being supplied with a copy of this Order in Council, pay to the Minister the sum of two pounds ten shillings, and thereafter the annual sum of two pounds, such annual payments to date from the first day of March, one thousand nine hundred and five ; the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.
- 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 licensee shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.
- The said rights, powers, and privileges may be at any time resumed by the Governor, and the licensee may be required to remove the boatshed and slipway at his own cost, without payment 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.
- The licensee shall be liable for any injury which may be sustained by any vessel or boat in passing the shed and slipway, or by contact with it, and which may be occasioned by any default or neglect on his part.
- 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 and slipway 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 determined 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 containing 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 revocation the Minister may cause the said boatshed and slipway, and all other erections or buildings thereto belonging, to be removed, and may recover the cost incurred by any such removal from the licensee. - The erection of the boatshed and slipway shall be deemed to be an acceptance by the licensee of the conditions of this Order in Council.
J. F. ANDREWS,
Acting Clerk of the Executive Council.
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1905, No 37
✨ LLM interpretation of page content
🏗️
Licensing J. O. Masefield to Use Foreshore at Batley, Kaipara for Wharf and Prescribing Dues
(continued from previous page)
🏗️ Infrastructure & Public Works10 April 1905
Foreshore license, Wharf use, Kaipara, Harbours Act, Batley, Marine Department, Plan M.D. 568, Dues and rates
- J. O. Masefield, Licensed to use foreshore for wharf
- J. F. Andrews, Acting Clerk of the Executive Council
🏗️ Licensing E. Knewstubb to Use Foreshore at Otago Harbour for Boatshed and Slipway
🏗️ Infrastructure & Public Works10 April 1905
Foreshore license, Boatshed, Slipway, Otago Harbour, Port Chalmers, Harbours Act, Marine Department, Plan M.D. 2814, Annual fee
- Edward Knewstubb, Licensed to use foreshore for boatshed and slipway
- J. F. Andrews, Acting Clerk of the Executive Council
- The Right Honourable R. J. Seddon, Presiding in Council
- Plunket, Governor