Government Orders and Notices




922

and painting of fishing-boats; and in accordance with the one-
hundred-and-seventy-first section of the said Act, have
deposited plans in the office of the Marine Department at
Wellington (marked M.D. 5820) showing the place where it is
intended to use the area of foreshore to be occupied for such
purpose :

And whereas it has been made to appear to the Governor-
General in Council that the occupation of the site will not
be or tend to the injury of navigation, and the said plans
have, 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, under the said
Act, for the purpose aforesaid, should be granted and issued
to the trustees on the terms and conditions hereinafter ex-
pressed:

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 trustees 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 trustees to use and
occupy that part of the foreshore, which is particularly
shown and delineated on the plans so deposited as afore-
said, for the purpose aforesaid, such license to be held and
enjoyed by the trustees 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 the Minister.

  2. The concessions and privileges conferred by this Order
    in Council shall extend and apply only to that part of the
    foreshore as shown on plans M.D. 5820.

  3. In consideration of the concessions and privileges granted
    by this Order in Council the trustees shall, on being supplied
    with a copy thereof, pay to the Minister an annual rental of
    ls. payable on demand.

  4. The rights, powers, and privileges conferred by 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 trustees shall not assign,
    charge, or part with any such right, power, or privilege
    without the previous written consent of the Minister first
    obtained.

  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 site without payment.

  6. Nothing herein contained shall authorize the trustees
    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, 1923, or its amendments, or any regula-
    tions made thereunder, and that are now or may hereafter
    be in force.

  7. The trustees shall appoint all officers and servants re-
    quired for the working and management of the said site.

  8. 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 trustees 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
    trustees in New Zealand.

  9. The trustees shall see that no nuisance is caused and
    that no fish or fish offal shall remain on or about the said
    site.

  10. In case the trustees 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 site for a period of
    thirty days;
    (3.) Fail to pay the sums specified in clause 3 of these
    conditions; or
    (4.) Become bankrupt, or to be brought under the opera-
    tion of any law for the time being in force relating
    to bankruptcy,—
    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 trustees or other proceedings whatsoever; and
    publication in the New Zealand Gazette of an Order in Council
    containing such revocation shall be sufficient notice to the

THE NEW ZEALAND GAZETTE. [No. 26

trustees, and to all persons concerned or interested, that
this Order in Council, and the rights and privileges thereby
granted and conferred, have been revoked and determined.
11. The occupation of the site shall be deemed to be an
acceptance by the trustees of the conditions of this Order in
Council.

C. A. JEFFERY,
Acting Clerk of the Executive Council.

Vesting the Control of a Reserve in the Lepperton War Memorial Board.

JELLICOE, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 8th day
of April, 1924.
Present:
THE HONOURABLE SIR FRANCIS BELL PRESIDING IN COUNCIL.
WHEREAS the land described in the Schedule hereto
was by Warrant published in Gazette of the fifth
day of July, one thousand nine hundred and twenty-three,
permanently reserved for a site for a war memorial: And
whereas it is expedient that the control of the said reserve
should be vested in a special Board as hereinafter provided:
Now, therefore, His Excellency the Governor-General of
the Dominion of New Zealand, acting by and with the advice
and consent of the Executive Council of the said Dominion,
and in exercise of the powers and authorities conferred upon
him by section two of the Public Reserves and Domains
Amendment Act, 1914, doth hereby vest the control of the
reserve described in the Schedule hereto, for the period of
five years from the date hereof (unless previously amended
or revoked under the said Act), in the undermentioned persons,
namely,...
Francis William Atkinson,
Edward Hellier,
Harper Bryson Lepper,
Frederick Thomas Crowe, and
Arthur Albert Roberts,
who are hereby constituted for that purpose a special Board
by the name of the Lepperton War Memorial Board (herein-
after referred to as "the Board"), with the powers and sub-
ject to the conditions hereinafter contained, that is to say:—

  1. The Board shall meet for the transaction of business
    at the Lepperton Public Hall, or at such other place
    and at such time as may from time to time be fixed by the
    Board. The first meeting shall be held on the 19th day of
    April, 1924.
  2. The members of the Board shall at their first meeting,
    and thereafter at the annual meeting hereinafter mentioned,
    elect one of themselves to be Chairman, who may join in the
    discussion, and shall have an original as well as a casting
    vote. The Chairman shall hold office until the election of
    his successor.
  3. Special meetings may be convened by the Chairman,
    provided that two days' notice of such meeting be given to
    each member, specifying the business to be transacted at
    such special meeting; and no other business than that so
    specified shall be transacted at such meeting.
  4. Any three members of the Board shall form a quorum.
    Any meeting may be adjourned from time to time.
  5. If at any meeting the Chairman is not present at the
    time appointed for holding the same, the members present
    shall choose one of their number to be Chairman of such
    meeting.
  6. If by resignation, death, incapacity, or otherwise the
    seat of any member shall be or become vacant, or if any
    member absents himself, without reasonable cause, from three
    consecutive meetings of the Board, the Governor-General
    shall have power to appoint any other person to be a member
    of the Board in his stead.
  7. All questions shall be determined by the majority of
    votes of the members of the Board present at a meeting.
  8. The Board shall have prepared and submitted at an
    annual meeting held in the month of April in each year a
    report of the proceedings of the Board for the previous year
    ending on the 31st day of March, together with a statement
    of the receipts and expenditure of the Board for such year.
    A copy of every such report and statement, certified by the
    Chairman to be correct, shall be sent to the Minister of Lands
    as soon as possible after each annual meeting.

SCHEDULE.

TARANAKI LAND DISTRICT.
SECTION 262, Huirangi District, Block VII, Paritutu Survey
District: Area, 188 perches.

C. A. JEFFERY,
Acting Clerk of the Executive Council.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1924, No 26


NZLII PDF NZ Gazette 1924, No 26





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🏗️ License to Use and Occupy Foreshore for Fishing Purposes (continued from previous page)

🏗️ Infrastructure & Public Works
8 April 1924
Harbours Act, License, Foreshore, Fishing, Paremata
  • C. A. Jeffery, Acting Clerk of the Executive Council

🏛️ Vesting Control of Reserve in Lepperton War Memorial Board

🏛️ Governance & Central Administration
8 April 1924
Public Reserves, War Memorial, Lepperton, Board Appointment
  • Francis William Atkinson, Appointed to Lepperton War Memorial Board
  • Edward Hellier, Appointed to Lepperton War Memorial Board
  • Harper Bryson Lepper, Appointed to Lepperton War Memorial Board
  • Frederick Thomas Crowe, Appointed to Lepperton War Memorial Board
  • Arthur Albert Roberts, Appointed to Lepperton War Memorial Board

  • C. A. Jeffery, Acting Clerk of the Executive Council