Foreshore license and By-laws




APRIL 14.] THE NEW ZEALAND GAZETTE. 1145

license, and it is expedient to grant the same for the term
and subject to the conditions hereinafter expressed:

Now, therefore, His Excellency the Governor of the
Dominion of New Zealand, in pursuance and exercise of the
power and authority vested in him by the said Act, and
of all other powers and authorities enabling him in that
behalf, and by and with the advice and consent of the
Executive Council of the said Dominion, doth hereby
approve of the purpose or object for which the said license
is required by the company as aforesaid; and, in further
pursuance and exercise of the said power and authority, and
by and with the like advice and consent as aforesaid, doth
hereby license and permit the company 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 plans so deposited as aforesaid,
for the purpose of using the aforesaid timber-booms in con-
nection therewith, such license to be held and enjoyed by
the company upon and subject to the following terms and
conditions, that is to say:—

  1. The concessions and privileges conferred by this Order
    in Council shall extend and apply only to the parts of the
    foreshore and the land below low-water mark necessary for
    such wharf as shown on the plans marked M.D. 2062, and
    deposited in the office of the Marine Department as afore-
    said.

  2. 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 two pounds ten shillings, and thereafter an annual
    sum of one pound in advance, payable on the 1st day of
    March, dating from the 1st day of March, 1910, the first of
    such annual payments to be made on the company being
    supplied with a copy of this Order in Council.

  3. His 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 booms without payment.

  4. The company shall maintain the said booms 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.

  5. Any person authorised by the Minister may, at all
    reasonable times, enter upon the said booms, and view the
    state of repair thereof; and upon such Minister leaving at or
    posting to the last known address of the company a notice
    in writing of any defect or want of repair in such booms,
    requiring it, within a reasonable time, to be therein pre-
    scribed, to repair the same, it shall with all convenient speed
    cause such defect to be removed or such repairs to be made.

  6. Nothing herein contained shall authorise the company
    to do or cause to be done anything repugnant to or incon-
    sistent with any law relating to the Customs, or any regula-
    tions of the Minister of Customs, or with any provisions of
    “ The Harbours Act, 1908,” or its amendments, or any regu-
    lations made thereunder, and that are now or may hereafter
    be in force.

  7. The rights, powers, and privileges conferred by or under
    this Order in Council shall continue in force for the term
    of two years, computed 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 con-
    sent of the Minister first obtained.

  8. 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 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
    company.

  9. The company shall be liable for any injury which the
    said booms may cause any vessel or boat to sustain through
    any default or neglect on its part.

  10. In case the company shall—

(1.) Commit or suffer a breach of the conditions herein-
before set forth, or any of them;

(2.) Cease to use or occupy the said booms for a period
of thirty days;

(3.) Be in any manner wound up or dissolved; or

(4.) Fail 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 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, right, and privi-
leges thereby granted and conferred, have been revoked and
determined.

  1. In these conditions the term “Minister” means the
    Minister of Marine, as defined by “The Shipping and
    Seamen Act, 1908,” and includes any officer, person, or
    authority acting by or under the direction of such Minister.

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


By-laws for Whakarewarewa Thermal Springs Reserve.—
Notice No. 1402.


PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this thirty-
first day of March, 1910.

Present:

THE HONOURABLE JAMES CARROLL PRESIDING IN COUNCIL.

WHEREAS the Whakarewarewa Thermal Springs
Reserve has been brought under the provisions of
“ The Tourist and Health Resorts Control Act, 1908,” and
it is expedient to make by-laws in respect to the manage-
ment and control of such reserve:

Now, therefore, His Excellency the Governor of the
Dominion of New Zealand, acting by and with the advice
and consent of the Executive Council of the said Dominion,
and in pursuance and exercise of the powers and authorities
conferred on him by the said Act and by “ The Public
Reserves and Domains Act, 1908,” doth hereby make the
following by-laws with respect to the management, control,
and general regulation of the said reserve.


BY-LAWS.

WHAKAREWAREWA THERMAL SPRINGS RESERVE.

  1. IN these by-laws “General Manager” means the
    General Manager of the Department of Tourist and Health
    Resorts, and includes any person who may be acting for
    the General Manager; “Caretaker” means the person
    having the general charge and control (under the direction
    of the General Manager) of the Whakarewarewa Thermal
    Springs Reserve; “the reserve” means the reserve
    described in the First Schedule hereto.

  2. The hours at which the reserve shall be open to the
    public under these by-laws may be fixed from time to time
    by the General Manager.

  3. No person shall enter the reserve except by the autho-
    rised entrance, nor (if not a season-ticket holder) without
    first obtaining at the ticket-office a ticket and paying the
    charge prescribed in the Second Schedule hereto; and
    every person shall produce such ticket for inspection when-
    ever required by the Caretaker, and shall deliver up such
    ticket when leaving the reserve.

  4. Every person holding a season ticket shall produce
    it for inspection when required to do so by the Caretaker
    or his assistants, and shall deliver up such ticket upon
    expiry of its currency.

  5. No guide holding a license under “ The Rotorua
    Town By-laws, 1909,” shall guide more than six persons
    at one time within the reserve.

  6. No person shall pick any flower, or break or destroy
    any plant, shrub, or tree, growing in the reserve.

  7. No person shall place, deposit, or leave any bottle or
    glassware, paper, straw, dirt, rubbish, or any offensive or
    noxious matter of any kind within the reserve or any part
    thereof except in a receptacle provided for the purpose.

  8. No person (except the Caretaker) shall place in any
    thermal spring, or in any spring or pool, or in any water-
    race, channel, or reservoir, in the reserve any clothes, or
    soap, or any substance or article.

  9. No horse, dog, or other animal shall be allowed within
    the reserve; and for each time any horse, dog, or other
    animal trespasses or is allowed to trespass in the reserve,
    the owner of such horse, dog, or other animal shall be
    liable for breach of these by-laws. This by-law shall not,
    however, apply in the case of dogs which are led by a cord
    or chain.

  10. No person shall trespass upon any portion of the
    reserve which may be set apart for planting, or where the
    soil is loose, or upon grass kept cut for lawns or ornamental
    purposes.

  11. No person shall break, remove, deface by writing or
    marking, or otherwise injure or damage any rock or stone
    or silica within the reserve.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1910, No 33





✨ LLM interpretation of page content

🗺️ License granted to Leyland-O'Brien Timber Company for foreshore use.

🗺️ Lands, Settlement & Survey
31 March 1910
Foreshore license, Timber booms, Marine Department, Harbours Act, Executive Council
  • J. F. Andrews, Clerk of the Executive Council

🏛️ By-laws for Whakarewarewa Thermal Springs Reserve.

🏛️ Governance & Central Administration
31 March 1910
By-laws, Whakarewarewa Thermal Springs Reserve, Tourist and Health Resorts Control Act, Public Reserves and Domains Act, Executive Council
  • Plunket, Governor
  • The Honourable James Carroll