Orders in Council




May 31.] THE NEW ZEALAND GAZETTE. 2173

Vesting the Control of Part of the Foreshore at Plimmerton and Paekakariki in the Hutt County Council.

LIVERPOOL, Governor.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this twenty-first day of May, 1917.
Present:
The Honourable Sir James Allen, K.C.B., Presiding In Council.
WHEREAS it is enacted by section eighteen of the Harbours Amendment Act, 1914 (hereinafter called “the said Act”), that where the foreshore outside the limits of a harbour is not vested in any Harbour Board or other local authority the Governor may by Order in Council grant for a period not exceeding twenty-one years the control of such part or parts thereof as he thinks fit to any local authority, Domain Board, or persons acting as trustees for the inhabitants of the locality, upon such conditions as may be prescribed in the Order:
And whereas the foreshore hereinafter described is not vested in any Harbour Board or other local authority, and the Hutt County Council (hereinafter called “the Council”), has applied to the Governor in Council for the control thereof:
And whereas it is desirable that the control should be granted to the Council:
Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the power and authority conferred upon him by the said Act, and acting by and with the advice and consent of the Executive Council, doth hereby grant to the Council the control of the foreshore as described in the First Schedule hereto, and subject to the terms and conditions set forth in the Second Schedule hereto.

FIRST SCHEDULE.
THAT portion of the foreshore at Plimmerton commencing at the point where the railway crosses the Porirua Harbour, and extending north to the northern boundary of the Hongo-eka Block. As the same is shown in red on plan marked M.D. 4706 and deposited in the office of the Marine Department at Wellington.
That portion of the foreshore at Paekakariki commencing at the northern boundary of Te Ngarara West B, Puketapu, Block I, Kaitawa Survey District, and extending south to the southern boundary of Block I, Paekakariki Survey District; and that portion of the foreshore at Paekakariki commencing at the northern boundary of Wainui Native Reserve, Block II, Paekakariki Survey District, and extending south to the northern boundary of Section 52, Block III, Paekakariki Survey District. As the same is shown in red on plan marked M.D. 4722 and deposited in the office of the Marine Department at Wellington.

SECOND SCHEDULE.

  1. In these conditions the term “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.
  2. In these conditions the term “foreshore” means all land between high-water mark of ordinary spring tides and low-water mark of ordinary spring tides.
  3. The concessions and privileges conferred by this Order in Council shall extend and apply only to those parts of the foreshore as shown in red on plans marked M.D. 4706 and M.D. 4722, and deposited in the office of the Marine Department at Wellington.
  4. His Majesty or the Governor, and all officers in the Government service acting in the execution of their duty, shall at all times have free ingress, passage, and egress out and over the said foreshore without payment.
  5. 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 with any regulation of the Minister of Customs, or with any provisions of the Harbours Act, 1908, or its amendments or any regulations made thereunder, and that are or may hereafter be in force.
  6. The Council shall prohibit the lighting of fires on the foreshore at Plimmerton between the points where the railway crosses the Porirua Harbour and the northern boundary of the Plimmerton Railway-station Reserve.
  7. The Council may enclose any part or parts of the foreshore described in the First Schedule hereto for the purpose of holding athletic sports or games, and may by by-law fix a charge for admission to such enclosed part or parts, provided that the total number of days on which such enclosures are made shall not exceed six in any one year.
  8. The Council may, subject to the provisions of section 150 of the Harbours Act, 1908, erect or license or permit the erection of bathing-sheds or boat-sheds on the foreshore described in the First Schedule hereto, and may make by-laws regulating the use thereof, and may fix charges for such use, provided that the funds so received shall be expended in improving the foreshore for the benefit of the public.
  9. Nothing herein contained shall authorize the Council to remove or cause to be removed any stone, sand, shingle, or shells without the consent of the Minister being first obtained.
  10. By-laws made by the Council under the said Act in respect of the foreshore shall not have effect unless and until approved in writing by the Minister.
  11. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force for twenty-one years from the date hereof, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority.
  12. The said rights, powers, and privileges may be at any time resumed by the Governor, without payment of any compensation whatever, on giving to the Council six 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.
    J. F. ANDREWS,
    Clerk of the Executive Council.

Regulation of Trade and Commerce Act, 1914 (Section 25). Modifying the Provisions of all Awards and Industrial Agreements in so far as they prevent or restrict the Employment of Apprentices.

LIVERPOOL, Governor.
ORDER IN COUNCIL.
At the Government House at Wellington, this twenty-eighth day of May, 1917.
Present:
His Excellency the Governor in Council.
WHEREAS by section twenty-five of the Regulation of Trade and Commerce Act, 1914, it is provided that, at any time while His Majesty is at war with any foreign Prince or State, the Governor may from time to time by Order in Council, if satisfied that such a course is necessary in the public interest, modify or suspend wholly or partially, and subject to such conditions as he thinks fit, all or any of the provisions of any industrial award or industrial agreement under the Industrial Conciliation and Arbitration Act, 1908, and its amendments:
And whereas the Governor is satisfied that it is necessary in the public interest to modify the provisions of all such awards and agreements relating to the employment of apprentices, in so far as they may be inconsistent with the provisions hereinafter in this Order in Council set forth:
Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers and authorities conferred upon him as aforesaid by section twenty-five of the Regulation of Trade and Commerce Act, 1914, 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 that Dominion, doth hereby modify, in the manner set forth in the Schedule hereto, the provisions of all industrial awards and industrial agreements in so far as they relate to the employment of apprentices and are inconsistent with the provisions hereinafter set forth.

SCHEDULE.

  1. NOTWITHSTANDING anything to the contrary in any industrial award or industrial agreement,—
    (a.) If any apprentice subject to such award or agreement has heretofore become and now is a member of the New Zealand Expeditionary Force, or hereafter becomes a member of that Force, his employer may, at any time after the said apprentice has been for not less than one month in a camp of military training in connection with that Force, or has left New Zealand with that Force (whichever first happens), engage a new apprentice in lieu of such first-mentioned apprentice, and may continue to employ such new apprentice for the full period of his apprenticeship, notwithstanding the return to his employ of the first-mentioned apprentice.


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1917, No 91


NZLII PDF NZ Gazette 1917, No 91





✨ LLM interpretation of page content

🏗️ Vesting Control of Foreshore at Plimmerton and Paekakariki in Hutt County Council

🏗️ Infrastructure & Public Works
21 May 1917
Foreshore, Hutt County Council, Plimmerton, Paekakariki, Harbours Amendment Act
  • The Honourable Sir James Allen, K.C.B., Presiding In Council
  • J. F. Andrews, Clerk of the Executive Council

👷 Modifying Provisions of Awards and Agreements Regarding Apprentices

👷 Labour & Employment
28 May 1917
Regulation of Trade and Commerce Act, Apprentices, Industrial Awards, War Service
  • His Excellency the Governor in Council