Foreshore Licensing Orders




  1. The concessions and privileges conferred by this Order
    in Council shall extend and apply only to the parts of the
    foreshore and the land below low-water mark necessary for
    the said stores and boat-shed as shown on the plans marked
    M.D. 2294 (marked No. 22 on plan), and deposited in the office
    of the Marine Department as aforesaid.
  2. In consideration of the concessions and privileges granted
    by this Order in Council the company shall pay to the Minister
    the sum of £2 10s., and thereafter an annual sum of £1 10s.,
    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 1st day of January, 1925, to the 31st day of March
    following to be paid on the company being supplied with a
    copy of this Order in Council.
  3. 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 stores and boat-shed without
    payment.
  4. The company shall maintain the said stores and boat-shed
    in good order and repair; and shall at all times exhibit
    therefrom, and maintain at the company’s 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.
  5. Any person authorized by the Minister may, at all
    reasonable times, enter upon the said stores and boat-shed and
    view the state of repair thereof; and upon such Minister
    leaving at or posting to the last known registered office of
    the company in New Zealand a notice in writing of any defect
    or want of repair in such stores and boat-shed, requiring the
    company, within a reasonable time, to be therein prescribed,
    to repair the same, the company shall with all convenient
    speed cause such defect to be removed or such repairs to be
    made.
  6. Nothing herein contained shall authorize the company
    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, 1923, or its amendments, or any regulations
    made thereunder, and that are now or may hereafter
    be in force.
  7. The rights, powers, and privileges conferred by or under
    this Order in Council shall continue in force for the term of
    fourteen years, computed from the 1st day of January, 1925,
    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 previous written
    consent of the Minister first obtained.
  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 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 registered office of the company
    in New Zealand.
  9. The company shall be liable for any injury which any
    structure on the said premises may cause any vessel or boat
    to sustain through any default or neglect on the part of the
    company.
  10. 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 stores and boat-shed for
    a period of thirty days;
    (3.) Be in any manner wound up or dissolved; or
    (4.) Fail to pay the sums specified in clause 3 of these
    conditions,—
    then and in any such case 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 company 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 company, and to all persons concerned or
    interested, that this Order in Council, and the license, right,
    and privileges thereby granted and conferred, have been
    revoked and determined.
  11. In the event of this Order in Council being revoked for
    any reason whatsoever, or upon the expiry of the period for
    which the license is granted, the company shall, if required by
    the Minister so to do, remove the said stores and boat-shed
    entirely from the site and restore the site to its original condition within three months from the date of revocation or
    expiry, as the case may be; and if the company fails so to
    do, the Minister may cause the said stores and boat-shed to
    be removed and the site so restored, and may recover the
    costs incurred by the said removal and restoration from the
    company.
    F. D. THOMSON.
    Clerk of the Executive Council.

Licensing William Kent to use and occupy a Part of the Fore-
shore in Whangaroa Harbour as a Site for a Wharf, Hall, and
Storeroom.
ORDER IN COUNCIL.
CHARLES FERGUSSON, Governor-General.
At the Government Buildings at Wellington, this 16th day of
March, 1925.
Present:
THE HONOURABLE SIR FRANCIS BELL PRESIDING IN COUNCIL.
WHEREAS by Order in Council dated the second day
of February, one thousand nine hundred and eleven,
and published in the New Zealand Gazette No. 11, of the ninth
day of same month, James Christie, of Whangaroa, was, inter
alios, licensed to use and occupy a part of the foreshore and
land below low-water mark in Whangaroa Harbour, as shown
on plans marked M.D. 2294 (and marked thereon site No. 16),
and deposited in the office of the Marine Department at
Wellington, in order to erect and maintain thereon a wharf,
hall, and storeroom, to be erected in accordance with the
said plan, and deposited as aforesaid, for the term of fourteen
years, computed from the first day of January, one thousand
nine hundred and eleven, on the terms and conditions therein
expressed :
And whereas the said license was with the consent of the
Minister of Marine transferred to William Kent (who with
his executors, administrators, and assigns is hereinafter referred to as the “licensee”):
And whereas the licensee has applied for a fresh license
under the Harbours Act, 1923 (hereunder called “the said
Act”), for a further term of fourteen years, and it is advisable
to grant the same :
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 that part of the foreshore and of the land
below low-water mark immediately contiguous thereto which
is particularly shown and delineated on the plans so deposited
as aforesaid, for the purpose of using the wharf, hall, and
storeroom aforesaid in connection therewith, 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—
    “Foreshore” means such parts of the bed, shore, or banks
    of a tidal water as are covered and uncovered by the
    flow and ebb of the tide at ordinary spring tides :
    “Low-water mark” means low-water mark at ordinary
    spring tides:
    “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
    erectio


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1925, No 19


NZLII PDF NZ Gazette 1925, No 19





✨ LLM interpretation of page content

🏗️ License for T. M. Lane and Sons to Use Foreshore (continued from previous page)

🏗️ Infrastructure & Public Works
16 March 1925
License, Foreshore, Whangaroa Harbour, Stores, Boat-shed
  • F. D. Thomson, Clerk of the Executive Council

🏗️ License for William Kent to Use Foreshore for Wharf, Hall, and Storeroom

🏗️ Infrastructure & Public Works
16 March 1925
License, Foreshore, Whangaroa Harbour, Wharf, Hall, Storeroom
  • James Christie, Original licensee of foreshore
  • William Kent, Transferee and new licensee of foreshore

  • Charles Fergusson, Governor-General
  • The Honourable Sir Francis Bell, Presiding in Council