Harbour and Land Orders




On every vessel of 20 tons register and upwards lying at the wharf, or lying alongside a vessel lying at the wharf, or lying off the wharf with a line attached to the wharf or mooring-piles, per ton per day or part of a day (minimum charge, 5s.)

On every raft of logs, or steamer with raft attached, lying at the wharf, or lying alongside a vessel lying at the wharf, or lying off the wharf with a line attached to the wharf or mooring-piles, per day or part of a day

Penalties.

  1. If any person fails or refuses or neglects to do anything by these regulations required to be done, observed, or performed, or in any manner obstructs, impedes, or interferes with the doing of anything enjoined, required, or authorized to be done, or does anything prohibited by these regulations, he shall in each and every case so offending be liable to a penalty not exceeding £5.

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

Licensing George T. Niccol to use and occupy a Part of the Foreshore of Kaipara Harbour.

JELLICOE, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 16th day of January, 1922.
Present :
His EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.
WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, George T. Niccol (hereinafter called “the licensee”) has applied to the Governor-General in Council for a license under the Harbours Act, 1908 (hereinafter called “the said Act”), to occupy a part of the foreshore and of land below low-water mark at Aorora, on the Wairoa River, Kaipara Harbour, as shown on plans marked M.D. 1847, 1859, and 2368, and deposited in the office of the Marine Department at Wellington, as sites for wharves, erected in accordance with the said plans:
And whereas it is expedient that a license under the said Act, for the purpose aforesaid, should be granted and issued to the licensee on the terms and 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 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 those parts of the foreshore and of land below low-water mark which are particularly shown on the plans marked M.D. 1847, 1859, and 2368, so deposited as aforesaid, as sites for wharves, and which said license shall be held and enjoyed by the licensee upon and subject to the following terms and conditions.

CONDITIONS.

  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 the part of the foreshore and land below low-water mark necessary for sites for such wharves, shown on the plans marked M.D. 1847, 1859, and 2368, and deposited in the office of the Marine Department as aforesaid.

  3. In consideration of the concessions and privileges granted by this Order in Council, the licensee shall pay the sum of £2 10s., and shall pay to the Minister an annual sum of £5, dating from the 1st day of August, 1921, the first of such annual payments to be made on the licensee 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 full and free liberty to use the said wharves, 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 wharves without payment.

  6. The licensee shall maintain the above-mentioned wharves in good order and repair, and shall at all times exhibit therefrom, and maintain at his 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 wharves 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 wharves, requiring him, within a reasonable time, to be therein prescribed, to make good the same, he shall with all convenient speed cause such defect to be removed or such repairs to be made, as the case may be.

  8. 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 regulations 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 wharves, or any one of them, shall be taken away by the licensee and deposited above high-water mark, or at such place as may be approved of by the Harbourmaster at Kaipara, 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 August, 1921, 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 previous 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 licensee six 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.

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

  13. In case the licensee shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;
    (2.) Fail to pay the sums specified in clause 3 of these conditions;
    (3.) Cease to use or occupy the said wharves, or any one of them, for the purpose aforesaid for a period of thirty days;
    (4.) Become bankrupt, or be in any manner brought under the operation of any law in force for the time being relating to bankruptcy,—then and in any of the said cases this Order in Council, and every license, right, power, or privilege thereby conferred, 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.

Declaring Land to be no longer subject to Part XV of the Native Land Act, 1909.

JELLICOE, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 11th day of January, 1922.
Present :
His EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.
WHEREAS by section ninety-six of the Native Land Amendment Act, 1913, it is enacted that the Governor-General in Council may from time to time by Order in Council declare that any land subject to Part XIV or XV of the Native Land Act, 1909 (hereinafter referred to as “the said Act”), and vested in a Maori Land Board, shall no longer be subject to such Parts of that Act, and shall be revested in the Native owners thereof:
And whereas the land mentioned in the Schedule hereto is at present subject to Part XV of the said Act, and is vested in the Waiariki District Maori Land Board, which Board has recommended that such land be no longer subject as aforesaid and that it be revested in the Native owners:



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1922, No 2


NZLII PDF NZ Gazette 1922, No 2





✨ LLM interpretation of page content

🏗️ License for Wharf and Coal-bins at Mangawhare (continued from previous page)

🏗️ Infrastructure & Public Works
16 January 1922
License, Wharf, Coal-bins, Foreshore, Northern Wairoa River, Mangawhare
  • F. D. Thomson, Clerk of the Executive Council

🏗️ Licensing George T. Niccol to use and occupy a Part of the Foreshore of Kaipara Harbour

🏗️ Infrastructure & Public Works
16 January 1922
License, Foreshore, Wharves, Kaipara Harbour, Wairoa River
  • George T. Niccol, Granted license to occupy foreshore

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

🪶 Declaring Land to be no longer subject to Part XV of the Native Land Act, 1909

🪶 Māori Affairs
11 January 1922
Land, Native Land Act, Waiariki District, Maori Land Board
  • F. D. Thomson, Clerk of the Executive Council