β¨ Government Orders in Council
Licensing the Ross Sea Whaling Company (Limited) to use and
occupy a Part of the Foreshore at Kaipipi Bay, Paterson Inlet,
Stewart Island, as a Site for a Quay and Slipway.
CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 21st day of
June, 1926.
Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.
WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, the Ross
Sea Whaling Company (Limited), of Stewart Island (who with
its successors and assigns is hereinafter referred to as "the
company"), has applied to the Governor-General in Council
for a license under the Harbours Act, 1923 (hereinafter called
"the said Act"), to occupy a part of the foreshore at Kaipipi
Bay, Paterson Inlet, Stewart Island, as a site for a quay and
slipway, to be built in the position and in accordance with
plan marked M.D. 6178 (sheets 1 and 2), and deposited in the
office of the Marine Department at Wellington :
And whereas it has been made to appear to the Governor-
General in Council that the work will not be or tend to the
injury of navigation, and the said plan has, prior to the
making of this Order in Council, been approved by the
Governor-General in Council:
And whereas it is desirable that a license should be granted
and issued to the company under the said Act for the purpose
aforesaid, on the terms and 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 conferred upon 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 on which the said quay and slipway are to be
erected, as shown on plan marked M.D. 6178 deposited as
aforesaid, for the purpose of maintaining the said structures
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.
-
In these conditions and terms--
"Foreshore" means such part 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 that part of the
foreshore occupied by the said quay and slipway as shown
on the plan marked M.D. 6178 (sheet 1). -
In consideration of the concessions and privileges granted
by this Order in Council the Company shall pay to the Minis-
ter the sum of Β£2 10s., and thereafter an annual sum of Β£5
in advance, payable on the 1st day of April each year, the
first of such payments 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 quay and slipway without pay-
ment. -
The company shall maintain the above-mentioned quay
and slipway 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 by the Minister. -
Any person authorized by the Minister may at all
reasonable times enter upon the said quay and slipway 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 quay and slipway, 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 incon-
sistent with any law relating to the Customs, or with any
provisions of the Harbours Act, 1923, or its amendments,
or any regulations made thereunder, and that are now or
may thereafter be in force. -
The ballast of all vessels loading at the said quay and
slipway shall be taken away by the company 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. -
The rights, powers, and privileges conferred by or
under this Order in Council shall continue to be in force for
fourteen years from the 1st day of April, 1926, 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. -
The said rights, powers, and privileges may be at any
time resumed by the Governor-General, and the company
may be required to move the quay and slipway at the com-
pany's cost, 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 the
said quay and slipway may cause any vessel or boat to
sustain through any default or neglect on the company's part. -
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 quay and slipway for
a period of thirty days;
(3.) Be in any manner wound up or dissolved ; or
(4.) Fail to pay the sum 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 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, rights, and privi-
leges 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 quay and slipway
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 quay and slipway to be
removed and the site so restored, and may recover the costs
incurred by the said removal and restoration from the
company. -
The erection of the said quay and slipway shall be
sufficient evidence of the acceptance by the company of the
terms and conditions of this Order in Council.
F. D. THOMSON,
Clerk of the Executive Council.
License authorizing Mervyn William Wallis to erect Electric
Lines in Block II, Karioi Survey District, Raglan County.
CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 21st day of
June, 1926.
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 condi-
tions 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
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VUW Te Waharoa —
NZ Gazette 1926, No 44
NZLII —
NZ Gazette 1926, No 44
β¨ LLM interpretation of page content
ποΈ License for Ross Sea Whaling Company to use foreshore at Kaipipi Bay
ποΈ Infrastructure & Public Works21 June 1926
License, Foreshore, Quay, Slipway, Kaipipi Bay, Stewart Island, Harbours Act 1923
- Charles Fergusson, Governor-General
- F. D. Thomson, Clerk of the Executive Council
ποΈ License for Mervyn William Wallis to erect electric lines in Karioi Survey District
ποΈ Infrastructure & Public Works21 June 1926
License, Electric Lines, Karioi Survey District, Raglan County, Public Works Amendment Act 1911
- Mervyn William Wallis, Authorized to erect electric lines
- Charles Fergusson, Governor-General