Harbours Act Orders




  1. The rights, powers, and privileges hereby conferred shall
    continue in force for fourteen years, computed from the date
    hereof, unless in the meantime such rights, powers, and
    privileges shall be altered, modified, or revoked by competent
    authority; and the Council shall not assign, charge, or part
    with any such right, power, or privilege without the previous
    written consent of the Minister first obtained.

  2. The rights, powers, and privileges conferred under or
    by virtue of this Order in Council may be at any time resumed
    by the Governor-General without payment of any compensation
    whatever on giving to the Council 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 Council in New Zealand.

  3. The Council shall be liable for any injury which may be
    caused at the said structures to any vessel or boat through
    any default or neglect on the part of the Council.

  4. In case the Council shall—
    (1) Commit or suffer a breach of the conditions hereinbefore
    set forth, or any of them; or
    (2) Cease to use or occupy the said structures for a period
    of thirty consecutive days;
    then, and in either 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 Council 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 Council and to all persons concerned or interested, that
    this Order in Council, and the licenses, rights, and privileges
    thereby granted and conferred, have been revoked and determined.

  5. 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 Council shall, if required by
    the Minister so to do, remove the said structures entirely from
    the sites and restore the sites to their original condition within
    three months from the date of the revocation or expiry, as
    the case may be; and if the Council fails so to do, the Minister
    may cause the said structures to be removed and the sites so
    restored, and may recover the costs incurred by the said
    removal and restoration from the Council.

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

Vesting the Management of Wharf and Shed at Ruakiwi, in
Raglan, in the Raglan County Council.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 13th day of
December, 1927.
Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.
WHEREAS by section one hundred and eighty-six of
the Harbours Act, 1923 (hereinafter called “the said
Act”), it is enacted that the Governor-General in Council
may vest the management of any wharf, the property of His
Majesty the King, in any local authority upon such terms and
conditions as the Governor-General in Council thinks fit:
And whereas it is thought desirable to vest in the Raglan
County Council (hereinafter called “the Council,” in which
term is to be construed, unless the context requires a different
construction, its successors or assigns) the management of the
wharf and shed at Ruakiwi, erected in accordance with the
plans marked M.D. 3923, and deposited in the office of the
Marine Department, at Wellington, on the terms and
conditions hereinafter set forth:
Now, therefore, His Excellency 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,
and 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, doth hereby vest the
management of the said wharf and shed in the Council,
subject to the conditions set forth in the Schedule hereto.

SCHEDULE.

CONDITIONS OF MANAGEMENT.

  1. In these conditions the terms—
    “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.

  1. 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 adjacent thereto,
    necessary for the maintenance of the said wharf and shed,
    at the sites shown on the plan marked M.D. 3923.

  2. All His Majesty’s subjects shall at all reasonable times,
    and upon payment of the proper dues, have free and full
    liberty to use the above-mentioned wharf and shed, and rights
    of ingress and egress thereto and therefrom.

  3. 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, over, and out of the said wharf and shed without
    payment.

  4. The Council shall maintain and keep the above-mentioned
    wharf and shed, and all erections on or in connection with the
    wharf in good order and repair; and shall at all times exhibit
    therefrom, and maintain at the Council’s own cost, suitable
    and necessary lights for the guidance of vessels: Provided
    that no new light shall be exhibited until after it has been
    approved by the Minister.

  5. All dues and rates received on account of the said wharf
    and shed by the Council shall be applied to keeping the
    said wharf and shed and all erections on or in connection
    with such wharf and shed in good order and repair.

  6. Any person authorized by the Minister may at all
    reasonable times enter upon the said wharf and shed and any
    buildings erected on the wharf or in connection therewith,
    and view the state of repair thereof; and upon the Minister
    leaving at or posting to the last known address of the Council
    in New Zealand a notice in writing of any defect or want of
    repair in such wharf and shed or buildings, requiring the
    Council, within a reasonable time to be therein prescribed, to
    make good or repair the same, the Council shall, with all
    convenient speed, cause such defect to be removed or such
    repairs to be made.

  7. The ballast of all vessels loading at the said wharf shall
    be taken away by the Council 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.

  8. The Council shall not erect, or suffer to be erected,
    on the said wharf and shed any building or structure
    whatever, except with the consent of the Minister.

  9. The Council shall keep a separate account of the
    receipts and expenditure on account of such wharf and shed
    and premises, and shall cause such account to be balanced to
    the 31st day of March in every year, and shall send a copy of
    such account when balanced to the Minister, and shall supply
    any particulars in reference thereto as may be required by
    the Minister.

  10. The Council shall appoint all officers necessary for the
    working and management of the said wharf and shed.

  11. Nothing herein contained shall authorize the Council
    to do or cause to be done anything repugnant to or inconsistent
    with any law relating to the Customs, or any regulations of the
    Minister of Customs, or with any provisions of the Harbours
    Act, 1923, or its amendments, or any regulation thereunder, and
    that are now or may hereafter be in force.

  12. The rights, powers, and privileges hereby conferred
    shall continue in force for fourteen years, computed from the
    date hereof, unless in the meantime such rights, powers, and
    privileges shall be altered, modified, or revoked by competent
    authority; and the Council shall not assign, charge, or part with
    any such right, power, or privilege without the previous written
    consent of the Minister first obtained.

  13. The rights, powers, and privileges conferred under or
    by virtue of this Order in Council may be at any time resumed
    by the Governor-General without payment of any compensation
    whatever, on giving to the Council 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 Council in New Zealand.

  14. The Council shall be liable for any injury which may
    be caused at the said wharf and shed to any vessel or boat
    through any default or neglect on the part of the Council.

  15. In case the Council shall—
    (1) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them; or
    (2) Cease to use or occupy the said wharf and shed for a
    period of thirty consecutive days;
    then, and in either 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



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🏗️ Vesting the Management of certain Wharves in the Hobson County Council (continued from previous page)

🏗️ Infrastructure & Public Works
13 December 1927
Harbours Act, Wharves, Hobson County Council, Management
  • F. D. Thomson, Clerk of the Executive Council

🏗️ Vesting the Management of Wharf and Shed at Ruakiwi in the Raglan County Council

🏗️ Infrastructure & Public Works
13 December 1927
Harbours Act, Wharf, Shed, Ruakiwi, Raglan County Council, Management
  • Charles Fergusson, Governor-General