✨ Harbours Act Orders
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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. -
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. -
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. -
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thereby granted and conferred, have been revoked and determined. -
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.
- 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.
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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. -
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. -
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. -
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. -
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. -
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. -
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. -
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. -
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. -
The Council shall appoint all officers necessary for the
working and management of the said wharf and shed. -
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. -
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. -
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. -
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. -
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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VUW Te Waharoa —
NZ Gazette 1927, No 87
NZLII —
NZ Gazette 1927, No 87
✨ LLM interpretation of page content
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Vesting the Management of certain Wharves in the Hobson County Council
(continued from previous page)
🏗️ Infrastructure & Public Works13 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 Works13 December 1927
Harbours Act, Wharf, Shed, Ruakiwi, Raglan County Council, Management
- Charles Fergusson, Governor-General