Government Orders and Warrants




a part of the foreshore and land below low-water mark at
Kaipipi Bay, Stewart Island, as shown on plans marked M.D.
3368, and deposited in the office of the Marine Department
at Wellington, in order to erect and maintain a wharf and
tramway thereon, to be erected in accordance with the said
plan, and deposited as aforesaid, for the term of fourteen
years, computed from the eighteenth day of August, one
thousand nine hundred and nine, on the terms and conditions therein expressed:

And whereas McCallum and Company (Limited), who with
its successors and assigns is hereinafter referred to as "the
company") has applied for a fresh license under the Harbours
Act, 1923 (hereunder called "the said Act"), for a further
term of four 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 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
company 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 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 maintaining the
said wharf and tramway thereon, such license to be held and
enjoyed by the company 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
    maintenance of the said wharf and tramway as shown on the
    plan M.D. 3368, 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 £1 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 18th day of August, 1923, until the 31st March following
    to be paid 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 wharf and tramway without
    payment.

  5. The company shall maintain the above-mentioned wharf
    and tramway 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 wharf and tramway 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 wharf and tramway 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.

  7. 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 regulation 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.

  8. The rights, powers, and privileges conferred by or under
    this Order in Council shall continue to be in force for four
    years from the 18th day of August, 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 such right, power,
    or privilege without the written consent of the Minister first
    obtained.

  9. 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.

  10. The company shall be liable for any injury which the
    said wharf and tramway may cause any vessel or boat to
    sustain through any default or neglect on the company's part.

  11. In case the company shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore
    set forth, or any of them:
    (2.) Cease to use or occupy the said wharf and tramway for
    a period of thirty days:
    (3.) Be in any manner wound-up or dissolved:
    (4.) Fail to pay the sums specified in clause 3 of these
    conditions,—
    then and in any of the said cases this Order in Council, and
    every license, right, power, or privilege, may be revoked and
    determined by the Governor-General in Council without any
    notice to the company 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
    company 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.

  12. 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 wharf and tramway
    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 wharf and tramway to
    be moved 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.

Warrant vesting the Control of North Park Road, Riccarton
Avenue, Dean's Avenue, and Moorhouse Avenue in the
Christchurch City Council, and apportioning the Cost of
Maintenance.

CHARLES FERGUSSON, Governor-General.
By his Deputy,
CHARLES PERRIN SKERRETT.

IN pursuance and exercise of the power and authority
vested in me by the Public Works Act, 1908, the Public
Works Amendment Act, 1909, and of all other powers and
authorities in anywise enabling me in this behalf, I, General
Sir Charles Fergusson, Baronet, Governor-General of the
Dominion of New Zealand, do hereby direct that the streets
situated in the vicinity of Hagley Park, in the City of Christchurch, and mentioned in the Second Schedule hereto shall,
on and after the date of the gazetting hereof, be under the
control of the Christchurch City Council, and I do hereby
further direct that the cost of maintaining such streets shall
be borne by the Christchurch City Council, the Riccarton
Borough Council, and the Waimairi County Council in the
proportions set forth in the First Schedule hereto:

And I do also further direct that any contributions hereby
required to be made as aforesaid by the Riccarton Borough
Council and the Waimairi County Council shall be paid from
time to time, in the proportions prescribed in the First Schedule hereto, out of the funds of the said Councils, within a
period of one month after the demand in writing made by
or on behalf of the Christchurch City Council, and that such
payments shall be made from time to time to the Town Clerk,
Christchurch, for and on behalf of the Riccarton Borough
Council and the Waimairi County Council:

And I do hereby revoke, as from the taking effect of the
apportionment hereunder, the following Warrants:

  1. Warrant dated the twenty-fourth day of June, one thousand
    nine hundred and fifteen, and published in
    Gazette No. 79, of the first day of July, one thousand
    nine hundred and fifteen, apportioning the cost of
    maintaining North Park Road in the Waimairi County.

  2. Warrant dated the twenty-fourth day of June, one
    thousand nine hundred and fifteen, and published
    in Gazette No. 79, of the first day of July, one thousand
    nine hundred and fifteen, vesting control of



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✨ LLM interpretation of page content

🗺️ License for Foreshore at Kaipipi Bay (continued from previous page)

🗺️ Lands, Settlement & Survey
License, Foreshore, Wharf, Tramway, Kaipipi Bay, Stewart Island
  • F. D. Thomson, Clerk of the Executive Council

🏗️ Warrant vesting control of Christchurch streets

🏗️ Infrastructure & Public Works
Public Works, Christchurch, Road Maintenance, Warrant
  • Charles Fergusson, Governor-General
  • Charles Perrin Skerrett (Deputy)