Orders in Council




Oct. 5.]

Now, therefore, His Excellency the Governor-General of
the Dominion of New Zealand, in pursuance and exercise
of the power 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 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 as shown numbered eight on the plan deposited
as aforesaid, for the purpose of erecting and maintaining the
said structures thereon, 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 necessary for the erection of the said market-house
    as shown on plan M.D. 4357.
  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 £2 10s.,
    and thereafter an annual sum of £4 in advance, payable on
    the 1st day of April in each year, the proportionate part of
    such annual rental in respect of the period from the date
    hereof until the 31st day of March following to be paid on
    the licensee being supplied with a copy of this Order in
    Council.
  4. 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 market-house without
    payment.
  5. The licensee shall maintain the above-mentioned market-
    house in good order and repair, and shall at all times exhibit
    therefrom, and maintain at his own cost, suitable and neces-
    sary lights for the guidance of vessels; provided that no
    light shall be exhibited until after it has been approved of
    by the Minister.
  6. Any person authorized by the Minister may at all
    reasonable times enter upon the said market-house 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
    market-house, 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.
  7. Nothing herein contained shall authorize the licensee
    to do or cause to be done anything repugnant to or incon-
    sistent with any law relating to the Customs, or any regu-
    lation 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 date hereof, 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 with-
    out the previous written consent of the Minister first obtained.
  9. 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 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 market-house may cause any vessel or boat to sustain
    through any neglect or default on his part.
  11. Payment of the sum of £2 10s. referred to in clause 3
    of these conditions shall be sufficient evidence of the accept-
    ance by the licensee of the terms and conditions of this Order
    in Council.
  12. In case the licensee shall—
    (1.) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them;
    (2.) Cease to use or occupy the said market-house for a
    period of thirty days;
    (3.) Become bankrupt, or be in any manner brought under
    the operation of any Act 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 every right, power, or
    privilege granted to him by this Order in Council may be
    revoked and determined by the Governor-General in Council
    without any notice to the licensee or other proceeding what-
    soever; 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 the license, rights, and privileges thereby
    granted and conferred have been revoked and determined.

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

Validating Proceedings in connection with a Loan of £8,800
proposed to be raised by the Matamata County Council.

JELLICOE, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 26th day
of September, 1922.
Present:
THE RIGHT HONOURABLE W. F. MASSEY, P.C., PRESIDING
IN COUNCIL.
WHEREAS the Matamata County Council, acting under
and in pursuance of the Local Bodies’ Loans Act,
1913, proposes to raise a loan of eight thousand eight hundred
pounds for the metalling of roads in the Waiomo-Tirau Roads
Special Rating Area :
And whereas the notice of the poll was given only three
times instead of four times, as required by section ten (two)
of the said Act :
And whereas it appears that the ratepayers have not been
misled by the said irregularity or defect, and it is expedient
to validate the same :
Now, therefore, His Excellency the Governor-General of
the Dominion of New Zealand, in pursuance and exercise of
the powers and authorities conferred on him by section one
hundred and eleven of the Local Bodies’ Loans Act, 1913,
and acting by and with the advice and consent of the
Executive Council of the said Dominion, doth hereby order
and declare that the proceedings taken shall be valid to all
intents and purposes as if the provisions of section ten (two)
of the Local Bodies’ Loans Act, 1913, had been correctly
complied with, and that the validity of the proceedings in
connection with the said loan shall not be called into question
by reason only of the irregularity or defect aforesaid.

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

Validating Proceedings in connection with Waipa County
Council’s Bridge Construction Loan of £1,600.

JELLICOE, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 2nd day
of October, 1922.
Present:
THE RIGHT HONOURABLE W. F. MASSEY, P.C., PRESIDING
IN COUNCIL.
WHEREAS the Waipa County Council lately proceeded
to raise a loan of one thousand six hundred pounds,
under the Public Works Act, 1908, and the Local Bodies'
Loans Act, 1913, for the purpose of paying that Council's
proportion of the cost of construction of a bridge over the
Waipa River at Whatawhata :
And whereas the proceedings in connection with the said
loan were irregular, in that public notice of the special order
authorizing the raising of the loan, although given four times,
was not given once in each of the four weeks immediately
preceding the day on which the meeting was held for the
purpose of confirming the resolution to make that special
order, as required by section ninety-nine of the Counties
Act, 1920 :
And whereas it appears that the ratepayers of the district
have not been misled by such irregularity as aforesaid, and
it is expedient to validate the same :
Now, therefore, His Excellency the Governor-General of
the Dominion of New Zealand, in pursuance and exercise
of the powers and authorities conferred on him by section
one hundred and eleven of the Local Bodies’ Loans Act, 1913,
and acting by and with the advice and consent of the Execu-
tive Council of the said Dominion, doth hereby order and
declare that the proceedings in connection with the said
loan shall be valid to all intents and purposes as though the
said public notice had been correctly given, and that the
validity of the proceedings in connection with the said loan
shall not be called in question by reason only of the irregularity
aforesaid.

F. D. THOMSON,
Clerk of the Executive Council

2695



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1922, No 72


NZLII PDF NZ Gazette 1922, No 72





✨ LLM interpretation of page content

🏗️ Licensing Foreshore Use at Rawene (continued from previous page)

🏗️ Infrastructure & Public Works
5 October 1922
License, Foreshore Use, Hokianga River, Rawene, Market-house
  • F. D. Thomson, Clerk of the Executive Council

💰 Validating Matamata County Council Loan

💰 Finance & Revenue
26 September 1922
Loan, Validation, Matamata County Council, Road Metalling
  • F. D. Thomson, Clerk of the Executive Council

💰 Validating Waipa County Council Bridge Loan

💰 Finance & Revenue
2 October 1922
Loan, Validation, Waipa County Council, Bridge Construction
  • F. D. Thomson, Clerk of the Executive Council