Licenses and Orders in Council




JAN. 15.]

And whereas, by Order in Council dated the sixteenth day
of June, one thousand nine hundred and thirteen, and pub-
lished in the New Zealand Gazette No. 47, of the nineteenth
day of the same month, Messrs. T. M. Lane and Sons (Limited),
the successors to the said firm of Lane and Brown (who with
its successors and assigns is hereinafter called “the com-
pany”), was licensed to use and occupy the said site for a
further term of ten years:

And whereas the said license has expired, and the company
has made application for a fresh license under the Harbours
Act, 1923 (hereinafter called “the said Act”), for a further
term of fourteen years, computed from the expiry of the
term of the said last-mentioned license, and it is expedient to
grant the same for the term and subject to the 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 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 by and with
the like advice and consent as aforesaid, doth hereby license
and permit the company 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 aforesaid sawmill and shed in connection therewith, such
license to be held and enjoyed by the company upon and
subject to the terms and conditions set out 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 parts of the
    foreshore and the land below low-water mark necessary for
    such sawmill and shed as shown on the plans marked M.D.
    2229A, 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 company shall pay to the Minister
    the sum of £2 10s., and thereafter an annual sum of £2 10s.,
    in advance, payable on the 1st day of April in each year, the
    first of such annual payments to be made on the company
    being supplied with a copy of this Order in Council.

  4. 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 sawmill and shed without pay-
    ment.

  5. The company shall maintain the said sawmill and 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.

  6. Any person authorized by the Minister may, at all
    reasonable times, enter upon the said sawmill and 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 sawmill or shed, requiring the com-
    pany, 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.

  7. 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-
    tions 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.

  8. 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 31st day of March, 1923,
    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

E.

such right, power, or privilege without the previous written
consent of the Minister first obtained.

  1. 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.

  2. 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.

  3. 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 sawmill or 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 what-
    soever; 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.

  4. 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 sawmill and shed
    entirely from the site and restore the site to its original con-
    dition 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 sawmill and 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.

License authorizing the New Zealand Co - operative Dairy
Company (Limited) to erect Electric Lines across a Public
Road in the Hauraki Plains County.

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.

IN pursuance and exercise of the powers conferred by the
Public Works Amendment Act, 1911, and of all other
powers in anyway enabling him in that behalf, His Excel-
lency 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, doth—subject to the con-
ditions set forth in the Schedule hereto, and to the regulations
made under section two of the aforesaid Act, and dated the
ninth day of October, one thousand nine hundred and twenty-
two, and published in the New Zealand Gazette of the twelfth
day of the same month, or any regulations hereafter made
in amendment thereof or in substitution therefor (and herein-
after collectively referred to as “the regulations”), and which
regulations shall be deemed to be incorporated herein—hereby
authorize the New Zealand Co-operative Dairy Company
(Limited) (hereinafter referred to as “the licensee”) to erect
and maintain electric lines for lighting, power, and heating
purposes along the route described in the Schedule hereto.

SCHEDULE.

  1. ROUTE OF ELECTRIC LINES.

The route commencing at the licensee’s Ngatea factory
situated on part Lot 3, D.P. 14089, being part Section 25,
Block I, Waihou Survey District, and proceeding thence
across part of the said lot and a public road to the Ngatea
Wharf on the left bank of the Piako River. As the same is
more particularly delineated on the plan marked P.W.D. 55967,
deposited in the office of the Minister of Public Works at
Wellington, in the Wellington Land District, and thereon
coloured red.

  1. SYSTEM OF SUPPLY.

The system of supply shall be as described in paragraph (c)
of clause 2 of the regulations



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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 T. M Lane and Sons (Limited) to Use Foreshore at Whangaroa Harbour (continued from previous page)

🗺️ Lands, Settlement & Survey
7 January 1925
Foreshore License, Sawmill, Whangaroa Harbour, Harbours Act 1923
  • F. D. Thomson, Clerk of the Executive Council

🏗️ License for New Zealand Co-operative Dairy Company to Erect Electric Lines

🏗️ Infrastructure & Public Works
7 January 1925
Electric Lines, Public Road, Hauraki Plains County, Public Works Amendment Act 1911
  • Charles Fergusson, Governor-General