✨ Licensing and Regulations
1898
THE NEW ZEALAND GAZETTE.
No. 52
which it was proposed to construct such store, the place
where it was intended to erect the same, and the area
of foreshore intended to be occupied for such purpose :
And whereas it was made to appear to the Governor
in Council that the proposed work would not be or
tend to the injury of navigation, and the said plan was
approved by the Governor in Council without modification
or addition : And whereas, pursuant to such application, a license was, by Order in Council dated the thirteenth day of September, one thousand eight hundred and
ninety-seven, and published in the New Zealand Gazette
of the sixteenth day of the same month, granted and
issued to the licensee under the said Act, for the purpose
aforesaid, for the term of fourteen years, computed from
the thirteenth day of September, one thousand eight
hundred and ninety-seven, on the terms and conditions
therein expressed :
And whereas the licensee duly constructed the said
store, and the same is now under the control and management of the licensee :
And whereas the licensee has made application for a
fresh license under the Harbours Act, 1908 (hereinafter
called “the said Act”), for a term of fourteen years,
computed from the expiry of the term of the said first-mentioned 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 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 so deposited as aforesaid, for the
purpose of using the aforesaid store in connection therewith, such license to be held and enjoyed by the licensee
upon and subject to the terms and conditions set out in
the Schedule hereto.
———
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 parts
of the foreshore, and the land below low-water mark
necessary for such store, as shown on the plan marked
M.D. 2144, and deposited in the office of the Marine
Department as aforesaid. -
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 £2 10s., and thereafter an annual sum of £1 in
advance, payable on the 1st day of September, dating from
the 1st day of September, 1911, the first of such annual
payments to be made on the licensee being supplied with
a copy of this Order in Council. -
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 store without payment. -
The licensee shall maintain the above-mentioned store
in good order and repair. -
Any person authorized by the Minister may at all
reasonable times enter upon the said store and view the
state of repair thereof ; and upon such Minister leaving at
or posting to the last known address of the licensee a
notice in writing of any defect or want of repair in such
store, requiring him within a reasonable 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 authorize the licensee
to do or cause to be done anything repugnant to or inconsistent with any law relating to the Customs, or any regulation of the Minister of Customs, or with any provisions
of the Harbours Act, 1908, or its amendments, or any
regulations made thereunder, and that are now or may
hereafter be in force. -
The rights, powers, and privileges conferred by or
under this Order in Council shall continue in force for
the term of fourteen years, computed from the 1st day of
September, 1911, unless in the meantime such rights,
powers, and privileges are 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, 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. -
The licensee shall be liable for any injury which the
said store 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 hereinbefore set forth, or any of them ;
(2.) Cease to use or occupy the said store for a period
of thirty days ; or
(3.) Become bankrupt or be brought under the operation of any law in force for the time being
relating to bankruptcy,—
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 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.
J. F. ANDREWS,
Clerk of the Executive Council.
———
Making Regulations under the Maori Antiquities Act, 1908.
———
ISLINGTON, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this fifth
day of June, 1912.
Present :
THE HONOURABLE GEO. LAURENSON PRESIDING IN COUNCIL.
IN pursuance and exercise of the powers conferred upon
him by the Maori Antiquities Act, 1908 (hereinafter referred to as “the said Act”), 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, doth hereby make the following regulations for the purposes of the said Act, and doth hereby
revoke the regulations under the Maori Antiquities Act,
1901, dated the fifteenth day of April, one thousand nine
hundred and four, and published in the New Zealand
Gazette of the twenty-eighth day of the said month.
———
REGULATIONS.
-
IN these regulations the term “Government Purchase
Officer” means an officer duly authorized under the said
Act to receive offers for the sale of Maori antiquities for
the benefit of New Zealand. -
Every person who desires to export from New Zealand any Maori antiquity within the meaning of the said
Act shall apply to a Government Purchase Officer for permission so to do. Every such application shall be in
writing in the form No. 1 in the Schedule hereto, and
every article referred to in the said application shall be
sufficiently described to the satisfaction of the Government
Purchase Officer to enable it to be identified. -
Upon receipt of any such application, the Government Purchase Officer shall cause the same to be transmitted to the Minister of Internal Affairs, together with
a report by him upon the application. -
If the Minister approves the said application, he
shall issue to the applicant a permit in the form No. 2 in
the Schedule hereto. -
On giving notice to the Collector or other officer of
Customs of intention to export any Maori antiquities, in
pursuance of section 6 of the said Act, the exporter shall
produce his permit for the inspection of that officer. -
When any article has been seized in pursuance of
section 5 of the said Act, notice thereof shall forthwith
be sent to the Minister of Internal Affairs, and the
articles shall be dealt with as directed by the said
Minister. -
If the right to seize and detain any article in pursuance of the said section 5 is disputed, the owner or
any other person concerned in the possession of the said
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✨ LLM interpretation of page content
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License to use Foreshore for a Store
(continued from previous page)
🏗️ Infrastructure & Public Works5 June 1912
Foreshore license, Store, Marine Department, Harbours Act, Leslie Buller Marriner
- J. F. Andrews, Clerk of the Executive Council
🎓 Regulations under the Maori Antiquities Act, 1908
🎓 Education, Culture & Science5 June 1912
Maori antiquities, Export regulations, Government Purchase Officer, Minister of Internal Affairs, Customs
- Islington, Governor
- The Honourable Geo. Laurenson, Presiding in Council
NZ Gazette 1912, No 52