✨ Legal and Regulatory Notices




Dec. 9.]\nTHE NEW ZEALAND GAZETTE.\n3223\n5. His Majesty or the Governor-General, and all officers in\nthe Government service acting in the execution of their duty,\nshall at all times have free ingress, passage, and egress into,\nthrough, and out of the said wharf without payment.\n6. The licensee shall maintain the above-mentioned wharf\nin good order and repair, and shall at all times exhibit there-\nfrom, and maintain at his own cost, suitable and necessary\nlights for the guidance of vessels; provided that no light\nshall be exhibited until after it has been approved of by the\nMinister.\n7. Any person authorized by the Minister may, at all\nreasonable times, enter upon the said wharf and view the\nstate of repair thereof, and upon such Minister leaving at or\nposting to the last known address of the licensee in New\nZealand a notice in writing of any defect or want of repair\nin such wharf, requiring him, within a reasonable time to be\ntherein prescribed, to repair the same, he shall, with all\nconvenient speed, cause such defect to be removed or such\nrepairs to be made.\n8. Nothing herein contained shall authorize the licensee to\ndo or cause to be done anything repugnant to or inconsistent\nwith any law relating to the Customs or any regulation of the\nMinister of Customs, or with any provisions of the Harbours\nAct, 1908, or its amendments, or any regulations made there-\nunder, and that are now or may hereafter be in force.\n9. The ballast of all vessels loading at the said wharf shall\nbe taken away by the licensee and deposited above high-\nwater mark, or at such place as may be approved of by the\nMinister, or by any person appointed by the Minister for that\npurpose.\n10. The rights, powers, and privileges conferred by or under\nthis Order in Council shall continue to be in force for fourteen\nyears from the date hereof, unless in the meantime such\nrights, powers, and privileges shall be altered, modified, or\nrevoked by competent authority; and the licensee shall not\nassign, charge, or part with any such right, power, or privilege\nwithout the written consent of the Minister first obtained.\n11. The said rights, powers, and privileges may be at any\ntime resumed by the Governor-General, without payment of\nany compensation whatever, on giving to the licensee three\ncalendar months' previous notice in writing. Any such notice\nshall be sufficient if given by the Minister and delivered at or\nposted to the last known address of the licensee in New\nZealand.\n12. The licensee shall be liable for any injury which the\nsaid wharf may cause any vessel or boat to sustain through\nany default or neglect on his part.\n13. In case the licensee shall--\n(1.) Commit or suffer a breach of the conditions herein-\nbefore set forth, or any of them;\n(2.) Cease to use or occupy the said wharf for a period of\nthirty days;\n(3.) Become bankrupt, or be brought under the operation\nof any law for the time being in force relating to\nbankruptcy; or\n(4.) Fail to pay the sums specified in clause 3 of these\nconditions.--\nthen and in either of the said cases this Order in Council,\nand every license, right, power, or privilege, may be revoked\nand determined by the Governor-General without any notice\nto the licensee or other proceeding whatsoever; and publica-\ntion in the New Zealand Gazette of an Order in Council con-\ntaining such revocation shall be sufficient notice to the\nlicensee, and to all persons concerned or interested, that this\nOrder in Council, and the license, rights, and privileges thereby\ngranted and conferred, have been revoked and determined.\n14. The erection of the said wharf shall be sufficient evidence\nof the acceptance by the licensee of the terms and conditions\nof this Order in Council.\nF. D. THOMSON,\nClerk of the Executive Council.\nRegulations under the Offenders Probation Act, 1920.\nJELLICOE, Governor-General.\nORDER IN COUNCIL.\nAt the Government Buildings at Wellington, this 29th day\nof November, 1920.\nPresent :\nTHE RIGHT HONOURABLE W. F. MASSEY, P.C., PRESIDING\nIN COUNCIL.\nIn pursuance and exercise of the powers conferred upon\nhim by section twenty of the Offenders Probation Act,\n1920, and of every other power and authority enabling him\nin that behalf, His Excellency the Governor-General of the\nDominion of New Zealand, acting by and with the advice\nand consent of the Executive Council of the said Dominion,\nboth hereby make the following regulations for the purpose\nof the said Act, and both declare that the regulations shall\ncome into force on the ninth day of December, one thousand\nnine hundred and twenty.\nREGULATIONS.\nCHIEF PROBATION OFFICER.\n1. The Chief Probation Officer shall be responsible for the\nadministration of the Offenders Probation Act and for the\nsupervision of all Probation Officers in the performance of\ntheir duties under the Act. During his incapacity through\nillness or other disability, or by his direction, the Deputy\nChief Probation Officer shall have and may exercise all the\npowers and functions of the Chief Probation Officer.\nDUTIES OF PROBATION OFFICERS.\n2. Probation Officers shall attend all Courts held within\ntheir respective districts for criminal business where persons\nare to be charged with offences within the meaning of section\n2 of the Offenders Probation Act, 1920. When the investiga-\ntions they are required to make in terms of the Act clearly\nindicate that the best interests of the public and of the\noffender will be served by releasing him on probation, it shall\nbe the duty of every Probation Officer reporting upon a case\nto recommend to the Court that the offender be so released.\nHe shall state in his report whether, in his opinion, the person\ncharged is able to pay the cost of his prosecution as provided\nby subsection (2) of section 10 of the Act.\n3. The Probation Officer shall issue to every person re-\nleased upon probation a form of probationary license upon\nwhich shall be printed or written the general and special con-\nditions of probation, and a precis of any section or sections\nof the Act imposing penalties for the breach of such conditions.\nBefore handing his license to a probationer, and obtaining his\nreceipt therefor, the Probation Officer shall see that the pro-\nbationer is fully conversant with its terms and the penalties\nto which he is liable for failure to comply with them.\n4. Registers, specially printed and bound for the purpose,\nshall be supplied to all Probation Officers. The names, de-\nscriptions, special conditions of release, and other requisite\nparticulars regarding each probationer shall be entered in such\nregisters immediately upon the issue of every probationary\nlicense.\n5. Probation Officers shall forward all reports regarding\nprobationers in their respective districts, and all correspond-\nence relative to such probationers or matters arising out of\ntheir duties under the Act, to the Chief Probation Officer at\nWellington. Immediately a person is placed on probation a\nreturn, on the prescribed form, shall be made to that officer,\nand on the first of every month a report shall be forwarded\nas to the progress and conduct of the probationer. A separate\nreport, on the prescribed form, must be made in respect of\neach probationer, and the name of the offender as well as the\nregister number of license must be written on each such report.\nWhenever possible a newspaper report of the case must be\nattached to the first return.\n6. Probationers must be given every facility for applying\nto the Prisons Board for remission of conditions or for dis-\ncharge from probation as prescribed by section 12 of the Act.\nProbation Officers are enjoined to report fully to the Chief\nProbation Officer regarding the character and conduct of the\napplicants and generally upon the merits of each case.\n7. When a probationer changes his place of residence to\nanother Probation Officer's district, an entry to that effect\nmust be made on the probationary license, and a copy of the\nentry in the Probation Register, giving all the particulars of\nthe case, must be immediately forwarded to the Probation\nOfficer of that district. The Probation Officer of the district\nto which a probationer has been transferred must at once\nreport his arrival to the officer of the district from which the\nprobationer came. If the probationer fails to report himself\nin the new district the Probation Officer of the district from\nwhich the probationer was transferred must be at once noti-\nfied of the fact.\n8. When probationers are ordered to pay the costs of the\nprosecution, Probation Officers are to collect the amounts\nwithin such period and by such instalments as may be ordered,\nand are to pay them into the Public Account, forwarding the\nbank receipts to the Chief Probation Officer along with the\nmonthly reports. Where there is no bank, the amount re-\nceived is to be remitted by money-order. Money collected by\nProbation Officers from probationers for the purpose of being\nrefunded to prosecutors or other persons, by way of restitu-\ntion, must be handed to the person or persons mentioned in\nthe order of the Court and their receipts taken therefor.\nSuch receipts must be attached to the monthly report in each\ncase and forwarded to the Chief Probation Officer.\n9. Whenever a probationer is, in terms of section 13 of the\nAct, convicted of a breach of conditions of his probationary\nlicense, or rearrested as provided by section 14 of the Act,\nnotification thereof is to be at once made to the Chief\nProbation Officer. When a probationer has satisfactorily\ncarried out his probation and has been released therefrom,\na final report of the case is to be forwarded to the Chief\nProbation Officer.\nF. D. THOMSON,\nClerk of the Executive Council.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1920, No 99


NZLII PDF NZ Gazette 1920, No 99





✨ LLM interpretation of page content

πŸ—οΈ License for Gordon Maitland to Use Foreshore for Wharf (continued from previous page)

πŸ—οΈ Infrastructure & Public Works
29 November 1920
Wharf, Foreshore, License, Conditions, School Bay, Waikawa
  • Gordon Maitland, Licensee for wharf use

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

βš–οΈ Regulations under the Offenders Probation Act, 1920

βš–οΈ Justice & Law Enforcement
29 November 1920
Probation, Regulations, Offenders, Probation Officers, Courts
  • JELLICOE, Governor-General
  • THE RIGHT HONOURABLE W. F. MASSEY, P.C., PRESIDING IN COUNCIL
  • F. D. Thomson, Clerk of the Executive Council