Licenses and Orders in Council




JUNE 28.]

between the headworks and tail-water, or the volume of the
water which the licensee is by this license authorized to take
from the said stream.

  1. VARIATION IN CONDITIONS OF LICENSE.

The terms and conditions of this license may at any time
or from time to time, at the request or with the consent in
writing of the licensee, be altered by the Governor-General
by Order in Council.

  1. RENTAL.

The licensee shall, in respect of this license, pay to the
Public Works Engineer for the district, or otherwise as the
Minister may from time to time require, a rental at the rate
of 10s. per annum, provided the installed capacity of the
plant does not exceed 2½ kilowatts; payment to be made
yearly on the 31st day of March in each year, commencing
from the day electrical power is first supplied.

  1. EXTENSIONS.

Notwithstanding anything contained in the regulations
incorporated herein, no extensions or lines beyond the boundaries of the said Section 40 shall be deemed to be authorized
by this license.

  1. SURRENDER OF LICENSE.

The licensee may at any time, with the consent of the
Minister, surrender this license, and shall thereupon, if so
required by the Minister, remove from the ground all removable
equipment, machinery, buildings, poles, transmission-lines,
and other plant herein authorized to be installed or provided.
If the licensee fails or neglects so to remove the said plant
within twelve months after being required so to do, such
equipment, machinery, buildings, poles, lines, and other
plant shall, without payment or compensation, vest in and
become the property of the Crown.

  1. SYSTEM OF SUPPLY.

The system of supply shall be as described in paragraph
(a) (1) of clause 2 of the regulations.
The generating voltage shall be approximately 100 volts
between the terminals.

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

Licensing the Onakaka Iron and Steel Company (Limited) to
use and occupy a Part of the Foreshore and Land below
Low-water Mark at Onakaka River, Golden Bay, as a Site
for a Wharf.

JELLICOE, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 25th day of
June, 1923.
Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.
WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned under the
Harbours Act, 1908 (hereinafter called “the said Act”),
the Onakaka Iron and Steel Company (Limited), of Colling-
wood (hereinafter called “the company”), has applied to the
Governor-General in Council for a license under the said Act
to use and occupy a part of the foreshore and land below low-
water mark at Onakaka River, Golden Bay, in order to erect
and maintain a wharf thereon; and, in accordance with the
one-hundred-and-fiftieth section of the said Act, has deposited
a plan in the office of the Marine Department at Wellington
(marked M.D. 5664), showing the area of foreshore and land
below low-water mark intended to be occupied, and the
manner in which it is proposed to erect the said wharf:

And whereas it has been made to appear to the Governor-
General in Council that the proposed work will not be or tend
to the injury of navigation; and the said plan has, prior to
the making of this Order in Council, been approved by the
Governor-General in Council:

And whereas it is expedient that a license should be granted
and issued to the company under the said Act, for the purposes
aforesaid, 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 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 with the like
advice and consent as aforesaid, doth hereby license and
permit the company to use and occupy that part of the
B

foreshore and land below low-water mark on which the said
wharf is to be erected, as shown on the plan M.D. 5664 so
deposited as aforesaid, for the purpose of erecting and
maintaining the said wharf; 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 the part of the
    foreshore and land below low-water mark necessary for the
    erecting of the said wharf, as shown on the plan marked
    M.D. 5664 and deposited in the office of the Marine Depart-
    ment as aforesaid.

  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 £5 in advance, payable on
    the 1st day of April in each year, the proportionate part of
    such rental in respect of the period from the date hereof
    until the 31st day of March following to be paid 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 there-
    from.

  5. His Majesty or the Governor-General, and all persons in
    the Government service acting in the execution of their duty,
    shall at all times have free ingress, passage, and egress into,
    through, over, 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 there-
    from, 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 the company, within a reasonable
    time, to be therein prescribed, to repair the wharf, the company
    shall with all reasonable 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 incon-
    sistent with any law relating to the Customs, or any regula-
    tion 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 of 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 date hereof, 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, and the company may
    be required to remove the wharf at its own cost, without pay-
    ment 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 herein-
    before set forth, or any of them;
    (2.) Cease to use or occupy the said wharf for a period of
    thirty days;
    (3.) Fail to pay the sums specified in clause 3 of these con-
    ditions; or
    (4.) Be in any manner wound up or dissolved,
    then and in any of the said cases this Order in Council,
    and every license, right, power, or privilege thereby conferred,



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1923, No 54


NZLII PDF NZ Gazette 1923, No 54





✨ LLM interpretation of page content

🏗️ License to F. J. Povey for Water and Electric Lines (continued from previous page)

🏗️ Infrastructure & Public Works
Water rights, Electric lines, License, Kumeu Parish
  • F. D. Thomson, Clerk of the Executive Council

🏗️ License to Onakaka Iron and Steel Company for Wharf Construction

🏗️ Infrastructure & Public Works
25 June 1923
Wharf construction, Foreshore license, Golden Bay, Onakaka River
  • JELLICOE, Governor-General