Government Orders and Notices




SEPT. 9.] THE NEW ZEALAND GAZETTE. 3169

  1. DATUM TEMPERATURE.

For the purposes of calculating stresses as provided in clause 12 of the regulations, the datum temperature shall be taken as 12 degrees Fahrenheit.

  1. NOTICES re RESULTS OF TESTS, ETC.

Records of results of tests (Regulation 37) and notices re commencement of work (Regulation 44) and alterations (Regulation 49) should be sent to the Public Works Engineer at present stationed at Blenheim, and to the Telegraph Engineer of the district, or his deputy, at present stationed at Christchurch.

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


Licensing Mrs. Catherine Sophia Walschleger to use and occupy a Part of the Foreshore at Half-moon Bay, Stewart Island, as a Site for a Boat-shed.


LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House at Wellington, this twenty-third day of August, 1915.

Present:

His Excellency the Governor in Council.

WHEREAS by Order in Council dated the thirteenth day of May, one thousand nine hundred and one, and published in the New Zealand Gazette No. 48, of the tenth day of the same month, Manasseh Walschleger, of Half-moon Bay, was licensed to use and occupy a part of the foreshore at Half-moon Bay, in Stewart Island, as shown on plan marked M.D. 2418, and deposited in the office of the Marine Department at Wellington, in order to erect thereon a boat-shed, as shown on the plan so deposited as aforesaid, for a term of fourteen years, computed from the thirteenth day of May, one thousand nine hundred and one:

And whereas, the said license having expired, Catherine Sophia Walschleger (hereinafter called “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 above-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 acting 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 boat-shed in connection therewith, such license to be held and enjoyed by the licensee upon and subject to the terms and conditions set forth in the Schedule hereto.


SCHEDULE.

  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.

  2. The concessions and privileges conferred by this Order in Council shall extend and apply only to that part of the foreshore and land below low-water mark occupied by the said boat-shed, as shown on plan marked M.D. 2418.

  3. 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 £1, and thereafter an annual sum of 5s. 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.

  4. 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 boat-shed without payment.

  5. The licensee shall maintain the above-mentioned boat-shed in good order and repair.

  6. Any person authorized by the Minister may at all reasonable times enter upon the said boat-shed and view the state of repair thereof; and upon such Minister leaving at or posting to the last known registered office of the licensee in New Zealand a notice in writing of any defect or want of repair in such wharf, requiring her, within a reasonable time, to be therein prescribed, to repair the same, she shall with all convenient speed cause such defect to be removed or such repairs to be made.

  7. 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.

  8. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force for fourteen years from the thirteenth day of May, one thousand nine hundred and fifteen, 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 written consent of the Minister first obtained.

  9. 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 in New Zealand.

  10. The licensee shall be liable for any injury which the said boat-shed may cause any vessel or boat to sustain through any default or neglect on her part.

  11. 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 boat-shed for a period of thirty days;
    (3.) Become bankrupt, or be brought under the operation of any law 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 license, 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 license, rights, and privileges thereby granted and conferred, have been revoked and determined.

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


Portion of the North-western Side of Bidwell Street, in the City of Wellington, exempted from the Provisions of Section 117 of the Public Works Act, 1908.


LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House at Wellington, this sixth day of September, 1915.

Present:

His Excellency the Governor in Council.

WHEREAS by subsection one of section one hundred and seventeen of the Public Works Act, 1908, it is, inter alia, provided that the said section shall not apply in any case where the local authority having control of a road or street by resolution declares that the provisions thereof shall not apply to any specified road or street, or any specified part thereof, and such resolution is approved by the Governor in Council:

And whereas by subsection two of section one hundred and seventeen of the Public Works Act, 1908, and clause (b) of subsection one of section thirteen of the Public Works Amendment Act, 1911, it is provided that such approval may be either absolute or subject to such conditions as the Governor in Council thinks fit to impose, and may refer to one or both sides of the road or street:

And whereas the Wellington City Council, the local authority having control of the portion of street described in the Schedule hereto (hereinafter referred to as “the said portion of street”), did, on the fifth day of August, one thousand nine hundred and fifteen, pass the following resolution, viz.:
“The Wellington City Council, being the local authority having control of the streets in the City of Wellington, hereby declares that the provisions of section one hundred



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1915, No 107


NZLII PDF NZ Gazette 1915, No 107





✨ LLM interpretation of page content

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