Land Notices, Orders in Council




MAY 14.] THE NEW ZEALAND GAZETTE. 1365

  1. In these conditions the term “Minister” means the Minister having charge of the Marine Department, as defined by “The Shipping and Seamen Act, 1903,” and includes 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 shown on the said plan marked M.D. 3193.

  3. 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 an annual sum of two pounds ten shillings, such annual payments to date from the date hereof, the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

  4. 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.

  5. 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, at its 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.

  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 its 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.) Be in any manner dissolved,
    then and in any of the said cases this Order in Council, and every right, power, or privilege hereby conferred, 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 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 boatshed 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.


Authorising Native to mortgage Land under Section 6 of “The Native Land Laws Amendment Act, 1897.”


PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this second day of May, 1908.

Present:

THE RIGHT HONOURABLE SIR J. G. WARD, K.C.M.G.,
PRESIDING IN COUNCIL.

WHEREAS by section six of “The Native Land Laws Amendment Act, 1897,” it is enacted that the Governor may, by Order in Council, authorise any Native owning land in severalty to mortgage such land to any lending department of the Government, and that in such case the mortgage shall operate in all respects as if the mortgagor were other than a Native, and accordingly none of the restrictions, limitations, or provisions of “The Native Land Court Act, 1894,” or any other Act affecting Native land, or lands owned or held by Natives, shall apply, anything in any such Act to the contrary notwithstanding: And whereas Niniwa Heremaia, of Tablelands, Martinborough, in the Provincial District of Wellington, in the Dominion of New Zealand, being the owner in severalty of the block or parcel of land mentioned and particularised in the Schedule hereto, has applied to be allowed to mortgage the said block of land: And whereas by certificate bearing date the fourth day of February, one thousand nine hundred and eight, under the hand of Henry Dunbar Johnson, Esquire, a Judge of the Native Land Court of New Zealand, and the seal of the said Court, it was certified that the said Niniwa Heremaia possesses, irrespective of the land proposed to be mortgaged, other land sufficient for her maintenance:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers and authorities conferred upon him by the said Act, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby authorise the said Niniwa Heremaia to mortgage the land set out in the Schedule hereto to the Public Trust Office, being a lending department of the Government as aforesaid.


SCHEDULE.

ALL that piece or parcel of land, situate in the Provincial District of Wellington, containing 4,203 acres 2 roods 22 perches, more or less, being portion of the Native Land Court subdivision Ngawaka-a-Kupe No. 2D, situated in Blocks XIV, XV, and XVI, Huangarua Survey District, and Blocks II, III, IV, and VII, Waipawa Survey District, and being the whole of the untransferred balance of land comprised in certificate of title, Registry-book of the District Land Registrar, at Wellington, Vol. 81, folio 262.

J. F. ANDREWS,
Acting Clerk of the Executive Council.


Vesting Land in the Ikaroa District Maori Land Board under “The Maori Land Settlement Act, 1905,” and “The Maori Land Settlement Act Amendment Act, 1906.”


PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this second day of May, 1908.

Present:

THE RIGHT HONOURABLE SIR J. G. WARD, K.C.M.G.,
PRESIDING IN COUNCIL.

WHEREAS by section four of “The Maori Land Settlement Act Amendment Act, 1906,” it is enacted that any Maori land which, in the opinion of the Native Minister, is not properly occupied by the Maori owners, but is suitable for Maori settlement, may, on the recommendation of the Board, be dealt with under the provisions of sections eight to fifteen of “The Maori Land Settlement Act, 1905,” as amended by the said section four:

And whereas the Ikaroa District Maori Land Board, by a recommendation dated the fifteenth day of April, one thousand nine hundred and eight, has recommended that the land named and described in the Schedule hereto shall be dealt with as aforesaid:

And whereas the Native Minister is satisfied and of the opinion that the said land is not properly occupied by the Native owners, but is suitable for Maori settlement:

And whereas by section eight of “The Maori Land Settlement Act, 1905,” as amended by section four of “The Maori Land Settlement Act Amendment Act, 1906,” it is provided that the Governor may, by Order in Council, declare that such land is vested in the Board for an estate in fee-simple in possession, subject nevertheless to all valid encumbrances, liens, and interests affecting the same, to be held and administered by the Board for the benefit of the Maori owners in accordance with the provisions of the said Acts:



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1908, No 38





✨ LLM interpretation of page content

🏗️ Conditions for Foreshore Occupation Licence

🏗️ Infrastructure & Public Works
2 May 1908
Foreshore licence, Marine Department, Shipping and Seamen Act, Order in Council, Public works, Port facilities
  • J. F. Andrews, Acting Clerk of the Executive Council

🪶 Authorising Native Land Mortgage

🪶 Māori Affairs
2 May 1908
Native land, Mortgage, Native Land Laws Amendment Act, Public Trust Office, Wellington, Native Land Court
  • Niniwa Heremaia, Authorised to mortgage land

  • Plunket, Governor
  • Sir J. G. Ward, K.C.M.G., Presiding in Council
  • Henry Dunbar Johnson, Esquire, Judge of the Native Land Court
  • J. F. Andrews, Acting Clerk of the Executive Council

🪶 Vesting Maori Land in Ikaroa District Maori Land Board

🪶 Māori Affairs
2 May 1908
Maori land, Land settlement, Ikaroa District Maori Land Board, Maori Land Settlement Act, Wellington
  • Plunket, Governor
  • Sir J. G. Ward, K.C.M.G., Presiding in Council