Foreshore Licenses and Revocations




or posted to the last known address of the licensee in New Zealand.

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

  2. 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 wharf and shed for a period of thirty days;
    (3.) Become bankrupt, or be in any manner 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 right, power, or privilege, may be revoked and determined by the Governor-General 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or interested, that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.

F. D. THOMSON,
Clerk of the Executive Council.

Licensing the Devonport Steam Ferry Company (Limited) to use and occupy a Part of the Foreshore and Land below Low-water Mark at Brown’s Island, Hauraki Gulf, as a Site for a Wharf.

LIVERPOOL, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this fourteenth day of May, 1920.
Present:
His Excellency the Governor-General in Council.
WHEREAS by Order in Council dated the first day of June, one thousand nine hundred and six, and published in the New Zealand Gazette No. 43, of the seventh day of the same month, the Devonport Steam Ferry Company (Limited), (hereinafter called “the company”), was licensed under the Harbours Amendment Act, 1883, to occupy for a period of fourteen years from the first day of June, one thousand nine hundred and six, a part of the foreshore and land below low-water mark at Brown’s Island, in the Hauraki Gulf, in order to construct thereon a wharf as shown on the plan marked M.D. 2955 (two sheets), and deposited in the office of the Marine Department at Wellington:
And whereas the company has made application for a fresh license under the Harbours Act, 1908 (hereinafter called “the said Act”), for a further term of fourteen years, computed from the first day of June, one thousand nine hundred and twenty, and it is expedient to grant the same for the term and subject to the conditions hereinafter expressed:
Now, therefore, His Excellency the Governor-General 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 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 land below low-water mark which is particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of maintaining the aforesaid wharf thereon, such license to be held and enjoyed by the company 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 wharf, as shown on the plan marked M.D. 2955 (sheet 1).
  3. 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 £2 10s., and thereafter an annual sum of £1 in advance, dating from the 1st day of June, 1920, the first of such annual payments to be made on the company being supplied with a copy of this Order in Council.
  4. 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.
  5. His Majesty or the Governor-General, 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.
  6. The company shall maintain the above-mentioned wharf 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.
  7. Any person authorized 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 company in New Zealand a notice in writing of any defect or want of repair in such wharf, requiring it, within a reasonable time, to be therein prescribed, to repair the same, it shall with all convenient speed cause such defect to be removed or such repairs to be made.
  8. Nothing herein contained shall authorize the company 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.
  9. The ballast of all vessels loading at the said wharf shall be taken away by the company and deposited above high-water mark, or at such place as may be approved by the Minister, or by any person appointed by the Minister for that purpose.
  10. The rights, powers, and privileges conferred by or under this Order in Council shall continue in force for fourteen years from the 1st day of June, 1920, 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 written consent of the Minister first obtained.
  11. The said rights, powers, and privileges may be at any time resumed by the Governor-General, 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 in New Zealand.
  12. The company shall be liable for any injury which the said wharf may cause any vessel or boat to sustain through any default or neglect on its part.
  13. In case the company 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 wharf 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 3 of these conditions,—
    then and in any of the said cases this Order in Council, and every right, power, or privilege, may be revoked and determined by the Governor-General 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, rights, and privileges thereby granted and conferred, have been revoked and determined.

F. D. THOMSON,
Clerk of the Executive Council.

Revoking Order in Council licensing Francis Pleasant to use and occupy a Part of the Foreshore at Matakohe, in Kaipara Harbour, as a Site for a Boat-shed and Slip.

LIVERPOOL, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this fourteenth day of May, 1920.
Present:
His Excellency the Governor-General in Council.
WHEREAS by Order in Council dated the thirteenth day of February, one thousand nine hundred and twelve, and published in the New Zealand Gazette No. 19,



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1920, No 50


NZLII PDF NZ Gazette 1920, No 50





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🏗️ License to Use and Occupy Foreshore for Wharf and Shed (continued from previous page)

🏗️ Infrastructure & Public Works
14 May 1920
Foreshore License, Wharf, Shed, Westhaven, John Henry Richards
  • F. D. Thomson, Clerk of the Executive Council

🏗️ License to Devonport Steam Ferry Company for Wharf at Brown’s Island

🏗️ Infrastructure & Public Works
14 May 1920
Foreshore License, Wharf, Brown’s Island, Hauraki Gulf, Devonport Steam Ferry Company
  • F. D. Thomson, Clerk of the Executive Council

🏗️ Revocation of Foreshore License for Boat-shed and Slip at Matakohe

🏗️ Infrastructure & Public Works
14 May 1920
Foreshore License Revocation, Boat-shed, Slip, Matakohe, Kaipara Harbour, Francis Pleasant
  • Francis Pleasant, License revoked for boat-shed and slip

  • F. D. Thomson, Clerk of the Executive Council