✨ Foreshore Licensing Orders
- 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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.
- 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. - 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 —
NZ Gazette 1925, No 19
NZLII —
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 Works16 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 Works16 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