Foreshore Licenses




wharf and extension are to be erected, as shown on the plan
M.D. 5959 so deposited as aforesaid, for the purpose of erecting
and maintaining the said wharf and extension; such license
to be held and enjoyed by the licensees upon and subject to
the terms and conditions set forth in the First Schedule hereto;
and doth prescribe that the dues and rates set forth in the
Second Schedule hereto shall, as from the date hereof, be
charged and taken for the use of the said wharf and extension.

FIRST 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
    erection of the said wharf and extension as shown on the
    plans marked M.D. 4111 and 5959, and deposited in the office
    of the Marine Department as aforesaid.
  3. In consideration of the concessions and privileges granted
    by this Order in Council, the licensees shall pay to the Minister
    an annual sum of ls., payable on demand.
  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 extension, and all rights of ingress and egress
    thereon and therefrom.
  5. His Majesty or the Governor-General, and all persons
    in the Government service acting in the execution of their
    duties, shall at all times have free ingress, passage, and egress
    into, through, over, and out of the said wharf and extension
    without payment.
  6. The licensees shall maintain the above-mentioned wharf
    and extension in good order and repair; and shall at all times
    exhibit therefrom, and maintain at the licensees' 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 extension
    and view the state of repair thereof; and upon such Minister
    leaving at or posting to the last-known address of the licensees
    in New Zealand a notice in writing of any defect or want of
    repair in such wharf and extension, requiring the licensees
    within a reasonable time, to be therein prescribed, to repair
    the wharf and extension, the licensees shall with all reasonable
    speed cause such defect to be removed or such repairs to be
    made.
  8. Nothing herein contained shall authorize the licensees
    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.
  9. The ballast of all vessels loading at the said wharf
    and extension shall be taken away by the licensees 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 four-
    teen 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 licensees 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 licensees may
    be required to remove the wharf and extension at the licensees'
    own cost, without payment of any compensation whatever, on
    giving to the licensees 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 licensees in New Zealand.
  12. The licensees shall be liable for any injury which the
    said wharf and extension may cause any vessel or boat to
    sustain through any default or neglect on the licensees' part.
  13. In case the licensees 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 and extension
    for a period of thirty days :

(3.) Fail to pay the sums specified in clause 3 of these
conditions; or
(4.) Become bankrupt, or be brought under the operation
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 license, right, power, or privilege thereby conferred,
may be revoked and determined by the Governor-General in
Council without any notice to the licensees or other proceed-
ings whatever; and publication in the New Zealand Gazette
of an Order in Council containing such revocation shall be
sufficient notice to the licensees, and to all persons concerned
or interested, that this Order in Council, and the license,
rights, and privileges thereby granted and conferred, have
been revoked and determined.
14. 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 licensees shall, if required
by the Minister so to do, remove the said wharf and extension
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 licensees fail so to
do, the Minister may cause the said wharf and extension to
be removed and the site so restored, and may recover the
costs incurred by the said removal and restoration from the
licensees.
15. The erection of the said wharf and extension shall be
sufficient evidence of the acceptance by the licensees of the
terms and conditions of this Order in Council.

SECOND SCHEDULE.

Every person who shall use the wharf for landing or shipping
goods, or whose goods are stored in any shed on the wharf,
shall pay to the trustees wharf dues in respect of the landing,
shipping, storing, receiving, and delivering of such goods
as follows, that is to say: For all goods (except such as are
hereinafter provided for) landed, shipped, stored, received,
or delivered, at weight or measurement, according to shipping
usage.

At per Week or Part of a Week.
Storage.
For parcels, each s. d.
For quantities— 0 2
Up to ¼ ton, per lot 0 6
¼ ton to ½ ton, per lot 0 8
½ ton to 1 ton, per lot 1 0
1 ton and over, per ton 1 0
For every head of cattle or horses 1 0
For every pig or sheep 0 2

For passengers' luggage under ½ ton, provided such luggage
is removed from wharf within one hour of being landed, free
from landing dues.

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

Licensing T. M Lane and Sons (Limited) to use and occupy
a Part of the Foreshore of Whangaroa Harbour as a Site
for a Sawmill and Shed.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 7th day of
January, 1925.
Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.
WHEREAS by Order in Council dated the thirtieth day
of March, one thousand eight hundred and ninety-
nine, and published in the New Zealand Gazette No. 30, of the
sixth day of April following, Thomas Major Lane and William
Brown, trading under the style or title of Lane and Brown,
were licensed to occupy a part of the foreshore and land
below low-water mark of Whangaroa Harbour for the purpose
of using and maintaining thereon a sawmill and shed, erected
in accordance with plans marked M.D. 2229A and 2251
respectively, and deposited in the office of the Marine Depart-
ment at Wellington, for a period of fourteen years from the
thirtieth day of March, one thousand eight hundred and
ninety-nine:



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1925, No 2


NZLII PDF NZ Gazette 1925, No 2





✨ LLM interpretation of page content

🗺️ License for Alexander George Jarrett, Frederik Andersen, and George Izant to Use Foreshore at Island Bay (continued from previous page)

🗺️ Lands, Settlement & Survey
7 January 1925
Foreshore License, Wharf, Island Bay, Birkdale, Auckland Harbour
  • Alexander George Jarrett, Licensed to use foreshore
  • Frederik Andersen, Licensed to use foreshore
  • George Izant, Licensed to use foreshore

  • F. D. Thomson, Clerk of the Executive Council

🗺️ License for T. M Lane and Sons (Limited) to Use Foreshore at Whangaroa Harbour

🗺️ Lands, Settlement & Survey
7 January 1925
Foreshore License, Sawmill, Whangaroa Harbour
  • Thomas Major Lane, Licensed to use foreshore
  • William Brown, Licensed to use foreshore

  • Charles Fergusson, Governor-General