✨ Foreshore Licensing Orders
- 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 shed at the site
shown on the plan marked M.D. 2127. - In consideration of the concessions and privileges
granted by this Order in Council, the licensee shall pay to
the Minister the sum of £1 and thereafter an annual sum
of 5s. 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 19th day of May, 1939, until the 31st
day of March following to be paid on the licensee being
supplied with a copy of this Order in Council. - His Majesty or the Governor-General, and all persons
in the Government service acting in the execution of their
duties, shall at all times have free ingress, passage, and
egress into, through, over, and out of the said shed without
payment. - The licensee shall maintain the above-mentioned
structure in good order and repair. - Any person authorized by the Minister may at all
reasonable times, enter upon the said shed and view the
state of repair thereof; and upon such Minister leaving
at or posting to the last-known address of the licensee in
New Zealand a notice in writing of any defect or want of
repair in such shed requiring the licensee within a reasonable
time, to be therein prescribed, to repair the same, the
licensee shall with all reasonable speed cause such defect to
be removed or such repairs to be made. - Nothing herein contained shall authorize the licensee
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. - The rights, powers, and privileges conferred by or
under this Order in Council shall continue in force for
fourteen years from the 19th day of May, 1939, unless in
the meantime such rights, powers, and privileges shall be
altered, modified, or revoked by competent authority;
and the licensee 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 licensee
may be required to remove the said shed at the licensee's
own cost, without payment of any compensation whatever,
on giving to the licensee 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 licensee in New Zealand. - The licensee shall be liable for any injury which the
said shed may cause any vessel or boat to sustain through
any default or neglect on the licensee’s part. - In case the licensee 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 shed for a period of
thirty consecutive days;
(3) Fail to pay the sums specified in clause 3 of these
conditions; or
(4) Become bankrupt, or be in any manner brought under
the operation of any Act for the time being in
force relating to bankruptcy—
then, and in any of the said cases, this Order in Council and
every license, right, power, or privilege thereby conferred
may be revoked and determined by the Governor-General
in Council without any notice to the licensee or other
proceedings whatsoever; and publication in the Gazette of
an Order in Council containing such revocation shall be
sufficient notice to the licensee 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. - 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 licensee shall, if
required by the Minister to do so, remove the said shed
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 licensee fails so
to do, the Minister may cause the said shed to be removed
and the site so restored, and may recover from the licensee
the costs incurred by the said removal and restoration. - The occupation of the said shed shall be sufficient
evidence of the acceptance by the licensee of the terms and
conditions of this Order in Council.
J. T. WAUGH,
Acting Clerk of the Executive Council.
Licensing Charles Henry Lonneker to use and occupy a Part
of the Foreshore of Half-moon Bay, Stewart Island, as a Site
for a Shed.
GALWAY, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 2nd day of
June, 1939.
Present:
Hon. P. FRASER PRESIDING IN COUNCIL.
PURSUANT to the Harbours Act, 1923, His Excellency
the Governor-General, acting by and with the advice
and consent of the Executive Council, doth hereby license
and permit Charles Henry Lonneker, of Half-moon Bay,
Stewart Island (hereinafter called “the licensee,” which
term shall include his executors, administrators, and assigns,
unless the context requires a different construction), to use
and occupy all those parts of the foreshore and land below
low-water mark of Half-moon Bay, Stewart Island, as shown
on plan marked M.D. 2127, approved on the nineteenth day of
May, one thousand nine hundred and eleven, and deposited in
the office of the Marine Department at Wellington, for the
purpose of the erection of a shed, as shown on the said plan,
such license to be held and enjoyed by the licensee upon
and subject to the terms and conditions set forth in the
Schedule hereto.
SCHEDULE.
- 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. - 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 shed at the site
shown on the plan marked M.D. 2127. - In consideration of the concessions and privileges
granted by this Order in Council, the licensee shall pay to the
Minister the sum of £1 and thereafter an annual sum of 5s.
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 19th day of May, 1939, until the 31st day of March
following to be paid on the licensee being supplied with a
copy of this Order in Council. - His Majesty or the Governor-General, and all persons in
the Government service acting in the execution of their duties,
shall at all times have free ingress, passage, and egress into,
through, over, and out of the said shed without payment. - The licensee shall maintain the above-mentioned shed
in good order and repair. - Any person authorized by the Minister may at all
reasonable times, enter upon the said shed and view the state
of repair thereof; and upon such Minister leaving at or
posting to the last-known address of the licensee in New
Zealand a notice in writing of any defect or want of repair in
such shed requiring the licensee within a reasonable time,
to be therein prescribed, to repair the same, the licensee
shall with all reasonable speed cause such defect to be
removed or such repairs to be made. - Nothing herein contained shall authorize the licensee
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. - The rights, powers, and privileges conferred by or
under this Order in Council shall continue in force for fourteen
years from the 19th day of May, 1939, unless in the meantime
such rights, powers, and privileges shall be altered, modified,
or revoked by competent authority; and the licensee 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 licensee
may be required to remove the said shed at the licensee’s
own cost, without payment of any compensation whatever,
on giving to the licensee three calendar months' previous
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VUW Te Waharoa —
NZ Gazette 1939, No 45
NZLII —
NZ Gazette 1939, No 45
✨ LLM interpretation of page content
🗺️
Licensing James Leask to use Foreshore of Half-moon Bay
(continued from previous page)
🗺️ Lands, Settlement & Survey2 June 1939
Foreshore license, Shed construction, Half-moon Bay, Stewart Island, Harbours Act 1923
- James Leask, Licensed to use foreshore for shed
- J. T. Waugh, Acting Clerk of the Executive Council
🗺️ Licensing Charles Henry Lonneker to use Foreshore of Half-moon Bay
🗺️ Lands, Settlement & Survey2 June 1939
Foreshore license, Shed construction, Half-moon Bay, Stewart Island, Harbours Act 1923
- Charles Henry Lonneker, Licensed to use foreshore for shed
- Galway, Governor-General
- Hon. P. Fraser, Presiding in Council