Orders in Council




Mar. 31.] THE NEW ZEALAND GAZETTE. 743

  1. The concessions and privileges conferred by this Order in Council shall extend and apply only to that part of the foreshore, including the reclamation already constructed, shown as hereinbefore mentioned on the plan marked M.D. 3966, and deposited in the office of the Marine Department as aforesaid:

  2. In consideration of the concessions and privileges granted by this Order in Council, the licensees shall pay to the Minister the sum of £2 10s., and thereafter an annual sum of £10 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 16th day of December, 1926, until the 31st March following to be paid on the licensees being supplied with a copy of this Order in Council.

  3. The facing of the reclamation shall be constructed and maintained in a substantial manner to the satisfaction of the Minister or such officer as he may appoint.

  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, passsage, and egress into, through, over, and out of the said foreshore and reclamation.

  5. Any person authorized by the Minister may at all reasonable times enter upon the said foreshore and reclamation 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 the facing of such reclamation, requiring the licensees, within a reasonable time to be therein prescribed, to repair the same, the licensees shall with all reasonable speed cause such defect to be removed or such repairs to be made.

  6. Nothing herein contained shall authorize the licensees 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.

  7. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force for fourteen years from the 16th day of December, 1926, 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.

  8. 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 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.

  9. The licensees shall be liable for any injury which the said reclamation, or any other work placed or constructed thereon, may cause any vessel or boat to sustain through any default or neglect on the part of the licensees.

  10. In case the licensees 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 reclamation for a period of thirty days;
    (3) Become bankrupt or be brought under the operation of any law for the time being in force relating to bankruptcy; or
    (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 licensees or any proceeding 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.

  11. 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 entirely from the site any structures thereon, 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 structures to be removed and the site so restored, and may recover the costs incurred by the said removal and restoration from the licensees.

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

Altering Representation of certain Districts on the Auckland Harbour Board and appointing Principal Authority.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 22nd day of March, 1927.

Present:

THE HONOURABLE W. DOWNIE STEWART PRESIDING IN COUNCIL.

WHEREAS by section thirty-one of the Harbours Act, 1923 (hereinafter referred to as the “said Act”), it is enacted that the creation, abolition, merger, union, division, or other alteration of any constituent or combined district shall not in itself have any operation so as to effect the then existing membership of the Board, and that the Governor-General may from time to time, by Order in Council, whenever in his opinion it becomes necessary or expedient so to do, make such provision with respect to the representation of any part of any constituent or combined district as he thinks fit:

And whereas by the said Act the Boroughs of Newmarket and Onehunga, the Ellerslie Town District, and the Mount Wellington, Tamaki West, One Tree Hill, Panmure, and Orakei Road Districts were made a combined district for the election of one member of the Auckland Harbour Board:

And whereas the said Tamaki West and Orakei Road Districts have been merged into one district under the name of the Tamaki Road District, and it is expedient to make provision for the representation of the said Tamaki Road District on the Auckland Harbour Board:

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 order and declare that one member of the Auckland Harbour Board shall be elected by the electors by the Boroughs of Newmarket and Onehunga, the Ellerslie Town District, and the Mount Wellington, One Tree Hill, Panmure, and Tamaki Road Districts, in lieu of one member by the electors of the Boroughs of Newmarket and Onehunga, the Ellerslie Town District, and the Mount Wellington, Tamaki West, One Tree Hill, Panmure, and Orakei Road Districts, and doth hereby select and appoint the Onehunga Borough Council to be the principal authority for the purpose of such elections by the electors of the combined district as hereby altered.

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

Revoking Order in Council licensing James Borrie to use and occupy a Part of the Foreshore and Land below Low-water Mark at Torehine Block, Coromandel, as a Site for a Wharf.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 22nd day of March, 1927.

Present:

THE HONOURABLE W. DOWNIE STEWART PRESIDING IN COUNCIL.

WHEREAS by Order in Council dated the twenty-second day of June, one thousand nine hundred and twenty-five, and published in the New Zealand Gazette No. 49, of the twenty-fifth day of the same month, James Borrie (who, with his executors, administrators, and assigns, is hereinafter called “the licensee”) was licensed to use and occupy a part of the foreshore and land below low-water mark at Torehine Block, Coromandel, as a site for a wharf:

And whereas the said licensee has ceased to use or occupy the said wharf for a period of thirty days as required by clause 13 (2) of the hereinbefore-recited license, and it is desirable to revoke 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 Harbours Act, 1923, 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 revoke the hereinbefore-recited Order in Council of the twenty-second day of June, one thousand nine hundred and twenty-five, as from the thirty-first day of March, one thousand nine hundred and twenty-seven.

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



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🗺️ License for Foreshore Use at Hobsonville (continued from previous page)

🗺️ Lands, Settlement & Survey
22 March 1927
Foreshore License, Hobsonville, Carder Brothers and Company, Harbours Act
  • F. D. Thomson, Clerk of the Executive Council

🏛️ Altering Representation of certain Districts on the Auckland Harbour Board

🏛️ Governance & Central Administration
22 March 1927
Auckland Harbour Board, Representation, Districts, Order in Council
  • Charles Fergusson, Governor-General
  • F. D. Thomson, Clerk of the Executive Council

🗺️ Revoking Order in Council licensing James Borrie to use and occupy a Part of the Foreshore and Land below Low-water Mark at Torehine Block, Coromandel

🗺️ Lands, Settlement & Survey
22 March 1927
Foreshore License, Revocation, James Borrie, Coromandel, Harbours Act
  • James Borrie, License revoked for foreshore use

  • Charles Fergusson, Governor-General
  • F. D. Thomson, Clerk of the Executive Council