β¨ Land and Foreshore License
In the Land District of Wellington; as the same is more
particularly delineated on the plan marked P.W.D. 25807,
deposited in the office of the Minister of Public Works, at
Wellington, in the Provincial District of Wellington, and
thereon coloured as above.
Given under the hand of His Excellency the Honour-
able Sir Robert Stout, Knight Commander of
the Most Distinguished Order of Saint Michael
and Saint George, Chief Justice, Administrator
of the Government in and over His Majesty's
Dominion of New Zealand and its Dependencies;
and issued under the Seal of the said Dominion,
at, the Government House, at Wellington, this
fourteenth day of June, in the year of our Lord
one thousand nine hundred and ten.
R. McKENZIE,
Minister of Public Works.
GOD SAVE THE KING!
Licensing Frank Rattenbury to use and occupy a Part of
the Foreshore of Tongaporutu River, Taranaki, as a Site
for a Wharf, and making Regulations and Prescribing
Dues for the Use of Same.
PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this second day
of December, 1909.
Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.
WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned under
the Harbours Act, 1908 (hereinafter called "the said
Act"), Frank Rattenbury, of Tongaporutu (hereinafter
called "the licensee"), has applied to the Governor in
Council for a license under the said Act to occupy a part
of the foreshore and land below low-water mark at Tonga-
porutu River, Taranaki, in order to erect a wharf thereon;
and, in accordance with the one-hundred-and-fiftieth sec-
tion of the said Act, has deposited plans in the office of
the Marine Department, at Wellington, marked M.D. 3393
(three sheets), showing the area of foreshore and land
below low-water mark intended to be occupied, and the
manner in which it is proposed to erect the wharf: And
whereas it has been made to appear to the Governor in
Council that the said 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 should
be granted and issued to the licensee under the said Act, for
the purpose aforesaid, on the terms and conditions set forth
in the First Schedule hereto, and that the regulations and
the dues and rates set forth in the Second Schedule hereto
should be made, and prescribed to be taken, for the use of
the said wharf:
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 ap-
prove of the purpose 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 fore-
shore and land below low-water mark adjacent thereto, on
which the wharf is to be erected, as shown between points
C and D on sheet I of the plans so deposited as aforesaid,
for the purpose of erecting and maintaining the said wharf
thereon, such license to be held and enjoyed by the licensee
upon and subject to the terms and conditions set forth in the
First Schedule hereto; and doth hereby make the regula-
tions, and prescribe the dues and rates to be taken, on and
after the date of publication of this Order in Council in the
New Zealand Gazette, for the use of the said wharf, set forth
in the Second Schedule hereto.
FIRST SCHEDULE.
-
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. -
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 adjacent thereto
necessary for the erection of the wharf, as shown between
points C and D on sheet I of plans marked M.D. 3393. -
In consideration of the concessions and privileges
granted by this Order in Council, the licensee 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 two
pounds ten shillings in advance, dating 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. -
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. -
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 wharf without payment. -
The licensee shall maintain the above-mentioned wharf
in good order and repair; and shall at all times exhibit
therefrom and maintain at his own cost suitable and neces-
sary lights for the guidance of vessels: Provided that no
light shall be exhibited until after it has been approved of
by the Minister. -
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 licensee
in New Zealand a notice in writing of any defect or want
of repair in such wharf, requiring him, within a reason-
able time, to be therein prescribed, to repair the same, he
shall with all convenient speed cause such defect to be
removed or such repairs to be made. -
Nothing herein contained shall authorise the licensee
to do or cause to be done anything repugnant to or incon-
sistent with any law relating to the Customs, or any regula-
tion of the Minister of Customs, or with any provisions of
the Harbours Act, 1908, or any regulations made there-
under, and that are now or may hereafter be in force. -
The ballast of all vessels loading at the said wharf shall
be taken away by the licensee, 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. -
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 licensee shall not
assign, charge, or part with any such right, power, or privi-
lege 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, without payment of any
compensation whatever, on giving to the licensee three calen-
dar 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 the
said wharf may cause any vessel or boat to sustain through
any default or neglect on his part. -
In case the licensee shall-
(1.) Commit or suffer a breach of the conditions here-
inbefore 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 licensee or other proceeding whatsoever; and pub-
lication 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 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 licensee of the terms and con-
ditions of this Order in Council.
SECOND SCHEDULE.
LIST OF GOODS TO BE CHARGED AT PER TON WHARFAGE
ON WEIGHT OR MEASUREMENT.
Shipping Wharfage.
- Every person who shall use the wharf with any vessel
shall pay to the licensee for the use thereof as follows, that
is to say:-
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β¨ LLM interpretation of page content
ποΈ Land taken for Government House, Port Nicholson Survey District
ποΈ Infrastructure & Public Works14 June 1910
Land taking, Public Works, Government House, Port Nicholson Survey District
- Sir Robert Stout, Chief Justice, Administrator of the Government
- R. McKenzie, Minister of Public Works
ποΈ License to occupy foreshore for wharf construction at Tongaporutu River
ποΈ Infrastructure & Public Works2 December 1909
Foreshore license, Wharf, Tongaporutu River, Taranaki, Harbours Act, Regulations, Dues
- Frank Rattenbury, Licensee for wharf construction
- PLUNKET, Governor
NZ Gazette 1910, No 59