✨ Harbours Act Regulations and Orders
1626
THE NEW ZEALAND GAZETTE.
[No. 35
DEPOSIT REQUIRED WITH APPLICATION OR TENDER.
7. The deposit required to complete an application or tender for a lease shall be an amount equal to half the annual rent to be reserved by the lease, together with rent for the period elapsing between the date of the lease and the due date of the first half-yearly payment, and a fee of twenty-one shillings which shall be deemed to include the cost of the registration of the instrument in respect of which it is paid.
MODE OF BALLOT.
8. The provisions of any regulations under the Land Act, 1924, for the time being in force, providing for a system of ballot, shall, in so far as they are applicable, apply to any ballot held pursuant to the provisions of paragraph (b) of subsection (8) of the said enactment.
INCREASE OF AREA COMPRISED IN LEASE.
9. (1) On an application from a lessee to acquire under the said enactment an additional area of land contiguous to the land comprised in his lease, the Governor-General in Council may, on the joint recommendation in that behalf by the Minister of Marine and the Minister of Lands, approve of such additional area being incorporated in the said lease at such increased rent and subject to such terms and conditions as he may see fit to fix.
(2) The provisions of section 105 of the Land Act, 1924, shall, in so far as they are applicable and not inconsistent with the provisions contained herein, apply to any additional area so incorporated in a lease.
ACQUISITION OF FEE-SIMPLE.
10. Where, pursuant to subsection (6) of the said enactment, a lease issued thereunder contains a provision entitling the lessee to acquire the freehold of the land comprised in his lease, the following provisions shall apply:—
(a) There shall be inserted in the lease a statement of the price to be paid by the lessee for the acquisition of the freehold of the land comprised therein:
Provided that whether or not the lease so provides, the lands of which the freehold may be so acquired shall be deemed to be exclusive of any such lands as are referred to in Regulation 13 hereof:
Provided also that such price shall be deemed to be exclusive of the costs of any survey that may, in the opinion of the Chief Surveyor, be required for issue of the grant.
(b) Such price shall be such amount as is, prior to the granting of the lease, determined by the Land Board with the approval of the Minister.
(c) The lessee having complied with all the conditions of his lease may on application to the Land Board at any time during the currency thereof unless precluded by the terms of clause (e) of these regulations, acquire the freehold of the land comprised therein (excluding any such lands as are referred to in Regulation 13 hereof) either for cash or on such deferred payments as are described in paragraph (f) of section 77 of the Land Act, 1924, as amended by section 5 of the Land Laws Amendment Act, 1926, and subject to the provisions of that paragraph.
(d) The fee-simple so acquired shall be subject to Part XIII of the Land Act, 1924, and shall not include any minerals on or under the land. All such minerals shall remain the property of the Crown notwithstanding the grant of the fee-simple to the owner.
(e) Notwithstanding any provision in a lease entitling the lessee to acquire the freehold of the land comprised therein, the lessee shall not be entitled to acquire such freehold if and so long as any land comprised therein has not been effectively reclaimed from the sea to the satisfaction of the Land Board and the Minister.
PUBLIC NOTIFICATION OF CERTAIN APPLICATIONS.
11. Prior to the disposal of any land to the adjoining owner or owners under subsection (9) of the said enactment, the application or applications for such land shall be advertised at least three times in a newspaper or newspapers circulating in the locality in which such land is situate, and the first insertion of such advertisement shall be made at least twenty-one days before effect is given to such disposal.
RIGHT OF RESUMPTION FOR ROADS AND OTHER PUBLIC PURPOSES.
12. The provisions of section 15 and section 135 of the Land Act, 1924, in so far as they may be applicable, shall apply to any land comprised in a lease issued under the said enactment.
ALIENATION OF FEE-SIMPLE OF STRIPS OF LAND ALONG HIGH-WATER MARK PROHIBITED.
13. In no case shall there be sold or alienated in fee-simple any land leased under the said enactment which comprises a strip not less than sixty-six feet in width along and to the landward of any new high-water mark which has come into existence as the result of lands having been reclaimed from the sea.
F. D. THOMSON,
Clerk of the Executive Council.
Revoking Order in Council licensing Frank Goodacre to use and occupy Part of the Foreshore and Land below Low-water Mark at Paritu Bay, Moehau, Coromandel Peninsula, as a Site for a Wharf.
BLEDISLOE, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 7th day of May, 1930.
Present:
THE HONOURABLE G. W. FORBES, PRESIDING IN COUNCIL.
WHEREAS by Order in Council dated the twenty-second day of February, one thousand nine hundred and twenty-six, and published in the New Zealand Gazette, No. 12, of the fourth day of the following month, Frank Goodacre, of Auckland (hereinafter called “the licensee”), was licensed to use and occupy part of the foreshore below low-water mark at Paritu Bay, Moehau, Coromandel Peninsula, as a site for a wharf:
And whereas the licensee has applied to have the hereinbefore-recited license revoked, 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 February, one thousand nine hundred and twenty-six, as from the thirty-first day of March, one thousand nine hundred and thirty.
F. D. THOMSON,
Clerk of the Executive Council.
Revoking Order in Council licensing the Whangaroa Pork and Bacon Company, Ltd., to use and occupy a Part of the Foreshore and Land below Low-water Mark at Whangaroa as a Site for a Landing-place.
BLEDISLOE, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 7th day of May, 1930.
Present:
THE HONOURABLE G. W. FORBES, PRESIDING IN COUNCIL.
WHEREAS by Order in Council dated the eighteenth day of June, one thousand nine hundred and twenty-three, and published in the New Zealand Gazette, No. 53, of the twenty-first day of the same month, the Whangaroa Pork and Bacon Company, Ltd., was licensed to use and occupy a part of the foreshore and land below low-water mark at Whangaroa as a site for a landing-place:
And whereas the said license was, with the previous consent of the Minister of Marine, on the twentieth day of April, one thousand nine hundred and twenty-five, transferred to the Northern Trading Company, Ltd. (who with its successors and assigns is hereinafter referred to as “the company”):
And whereas the company has applied to have the hereinbefore-recited license revoked, 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 eighteenth day of June, one thousand nine hundred and twenty-three, as from the thirty-first day of March, one thousand nine hundred and twenty-nine.
F. D. THOMSON,
Clerk of the Executive Council.
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VUW Te Waharoa —
NZ Gazette 1930, No 35
NZLII —
NZ Gazette 1930, No 35
✨ LLM interpretation of page content
🗺️
Regulations for the Disposal of Lands under Section 146 of the Harbours Act, 1923
(continued from previous page)
🗺️ Lands, Settlement & Survey7 May 1930
Harbours Act, Land disposal, Leasing regulations, Reclamation, Pastoral land, Agricultural land
- F. D. Thomson, Clerk of the Executive Council
🗺️ Revoking Order in Council licensing Frank Goodacre to use and occupy Part of the Foreshore and Land below Low-water Mark at Paritu Bay, Moehau, Coromandel Peninsula, as a Site for a Wharf
🗺️ Lands, Settlement & Survey7 May 1930
Harbours Act, Foreshore, Wharf, License revocation, Paritu Bay, Moehau, Coromandel Peninsula
- Frank Goodacre, License revoked for wharf site
- F. D. Thomson, Clerk of the Executive Council
- The Honourable G. W. Forbes, Presiding in Council
🗺️ Revoking Order in Council licensing the Whangaroa Pork and Bacon Company, Ltd., to use and occupy a Part of the Foreshore and Land below Low-water Mark at Whangaroa as a Site for a Landing-place
🗺️ Lands, Settlement & Survey7 May 1930
Harbours Act, Foreshore, Landing-place, License revocation, Whangaroa, Northern Trading Company
- F. D. Thomson, Clerk of the Executive Council
- The Honourable G. W. Forbes, Presiding in Council