2448
THE NEW ZEALAND GAZETTE.
[No. 89

Prescribing the Term for which the Te Awamutu Electric-power Board may borrow the sum of £62,000 beyond New Zealand, being the Balance of a Loan of £120,000 authorized to be raised for the Purchase of Yards and Offices, the Equipment of the same with Plant, Tools, &c., and the Construction of Electric Transmission and Reticulating Lines.

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JELLICOE, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 4th day of October, 1921.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS section eleven of the Finance Act, 1921, provides that, notwithstanding anything to the contrary in any Act or in any rule of law, where a local authority or public body has been authorized before the passing of the said Act, or is thereafter authorized, to borrow money, whether pursuant to a poll of ratepayers or otherwise howsoever, at a specified rate of interest, or for a specified term exceeding ten years, and such money or any part thereof has not been borrowed, the local authority may, with the precedent consent of the Minister of Finance, borrow such money, or such amount thereof as has not been borrowed, at such rate of interest, or for such term not less than ten years, as may be prescribed by the Governor-General by Order in Council:

And whereas the Te Awamutu Electric-power Board has been authorized to borrow the sum of one hundred and twenty thousand pounds, for the purchase of yards and offices, the equipment of the same with plant, tools, &c., and the construction of electric transmission and reticulating lines, for a term of thirty-six and a half years, and is now desirous of borrowing sixty-two thousand pounds (being the balance of the one hundred and twenty thousand pounds) beyond New Zealand for a term of ten years:

And whereas the Minister of Finance has given his precedent consent as required by the above-recited section eleven, and it is desired that the term for which the said sixty-two thousand pounds may be borrowed be amended to ten years:

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, doth hereby prescribe that the term for which the said sixty-two thousand pounds may be borrowed by the Te Awamutu Electric-power Board be amended to ten years, and the said Te Awamutu Electric-power Board is hereby authorized to borrow the said sum of sixty-two thousand pounds beyond New Zealand for this term.

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

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Vesting the Control of Part of the Foreshore on Coromandel Peninsula in the Thames County Council.

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JELLICOE, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 4th day of October, 1921.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL 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-General 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 Thames County Council (hereinafter called “the Council”) has applied to the Governor-General 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-General 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.

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FIRST SCHEDULE.

ALL that land situated between high- and low-water mark at Penny’s Bay, on the foreshore of Hauraki Gulf, Block VI, Hastings Survey District, commencing at peg II on Thames-Coromandel Road, adjoining Hauraki Pastoral License 80,

and continuing thence to peg XI on above road, a distance of approximately 35 chains measured along high-water mark; indicated on plan by letters A and B in red.

Also all that land situated between high- and low-water mark at Cemetery Bay, on the foreshore of Hauraki Gulf, Block XI, Hastings Survey District, commencing at a point marked C in red on plan, 1½ chains northwards of peg XLIV on Thames-Coromandel Road, and continuing thence southwards across the estuary of Tapu Creek to peg XXI, marked D in red on plan, a distance of approximately 35 chains measured along high-water mark, and across estuary of Tapu Creek.

As the same are delineated on the plan marked M.D. 5346, deposited in the office of the Marine Department at Wellington.

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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 plan marked M.D. 5346, and deposited in the office of the Marine Department at Wellington.

4. 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 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 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 prescribed 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.

7. 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.

8. 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.

9. 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.

10. The said rights, powers, and privileges may be at any time resumed by the Governor-General, 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.

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

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Revoking Order in Council vesting the Control of Part of the Foreshore on Coromandel Peninsula in the Coromandel County Council.

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JELLICOE, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 4th day of October, 1921.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS by Order in Council dated the thirtieth day of August, one thousand nine hundred and twenty-one, and published in New Zealand Gazette No. 82, of the eighth day of September, one thousand nine hundred and twenty-one, part of the foreshore at Coromandel Peninsula was vested in the Coromandel County Council:

And whereas it is desirable that the said Order in Council should be revoked:

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in pursuance and exercise of the power and authority conferred upon him by the Harbours Act, 1908, and acting by and with the advice and consent of the Executive Council, doth hereby revoke the said Order in Council of the thirtieth day of August, one thousand nine hundred and twenty-one, and the rights and privileges thereby granted and conferred.

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