1206
THE NEW ZEALAND GAZETTE.
[No. 33

which they enlisted, and applications for the discharge of men at their own request, by purchase or otherwise, shall be submitted to the Naval Board, who are hereby authorized to approve or disapprove the discharge of such men as they may see fit.

2. The discharge of men who are pronounced by a Medical Survey Board as unfit for further retention in the New Zealand Division of the Royal Navy shall be approved by the Commodore or other officer commanding the New Zealand Division of the Royal Navy, or, in the absence of such officer from New Zealand waters, by the Naval Board.

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

Recreation Reserve in North Auckland Land District brought under Part II of the Public Reserves and Domains Act, 1908.

JELLICOE, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 19th day of April, 1922.

Present :
THE RIGHT HONOURABLE W. F. MASSEY, P.C., PRESIDING IN COUNCIL.

BY virtue of the powers and authorities vested in me by the twenty-sixth section of the Public Reserves and Domains Act, 1908, I, John Rushworth, Viscount Jellicoe, Governor-General of the Dominion of New Zealand, by and with the advice and consent of the Executive Council of the said Dominion, do hereby order and declare that the reserve for recreation in the North Auckland Land District described in the Schedule hereto shall be and the same is hereby brought under the operation of and declared to be subject to the provisions of Part II of the said Act: and such reserve shall hereafter be known as the Massey Park Domain, and be managed, administered, and dealt with as a public domain.

SCHEDULE.

MASSEY PARK DOMAIN.—NORTH AUCKLAND LAND DISTRICT.
ALL that area in the North Auckland Land District containing by admeasurement 2 roods and 14 perches, more or less, being the lot marked “Reserved for Public Purposes (Recreation)” on a plan deposited in the Land Transfer Office at Auckland, under No. 15187, which said piece of land is part of Allotment 313 on a plan of the subdivision of Allotment 313, Parish of Waipipi, deposited in the Land Transfer Office aforesaid, under No. 13397, and is part of the land comprised and described in certificate of title, Volume 308, folio 224; as the same is more particularly delineated on the plan marked L. and S. 1/704, deposited in the Head Office, Department of Lands and Survey, Wellington, and thereon edged red.

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

Regulations as to Appeals from Closing-orders under the Health Act, 1920.

JELLICOE, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 19th day of April, 1922.

Present :
THE RIGHT HONOURABLE W. F. MASSEY, P.C., PRESIDING IN COUNCIL.

WHEREAS it is provided by section forty-one of the Health Act, 1920 (hereinafter referred to as “the said Act”), that the procedure for the institution, hearing, and determination of appeals from closing-orders issued under the said Act shall be in accordance with regulations to be made under the said Act, and, subject to such regulations, or so far as they do not extend, shall be in accordance with the ordinary procedure of the Magistrate’s Court: And whereas it is expedient to make regulations accordingly for the purposes of such appeals:

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 that Dominion, and in pursuance and exercise of the powers conferred on him in that behalf by the said Act, doth hereby make the regulations hereinafter set forth.

REGULATIONS.

1. In these regulations the term “appeal” means an appeal from a closing-order issued under section 40 or under section 45 of the said Act.

2. The parties to an appeal shall be the owner or occupier of the premises affected as appellant, and the local authority (in the case of a closing-order issued under section 40 of the said Act) or the Medical Officer of Health (in the case of a closing-order issued under section 45 of the said Act) by which or by whom a closing-order has been issued as respondent.

3. Every appeal shall be instituted in the Magistrate’s Court nearest to the public office of the local authority in whose district the premises in respect of which the closing-order has been issued are situated, or in such other Magistrate’s Court as may be agreed on by the parties.

4. Every appeal shall be instituted by the appellant by filing in the appropriate Magistrate’s Court a notice in the form in the Schedule hereto.

5. (1.) A copy of the notice of appeal shall be delivered by the appellant to the respondent, either personally or by means of registered post.

(2.) Notice of the appeal shall also be given by the appellant to such other persons (if any) as the Court may order.

6. On the filing of the notice of appeal the Court shall set the same down for hearing, and, save with the consent of the parties, shall give to them not less than fourteen days’ notice either personally or by registered post of the time and place of the hearing.

7. The parties to the appeal, and such other persons as the Court may decide to hear, shall be entitled to be represented at the hearing by counsel.

8. If either party fails to appear at the hearing, the Court shall, in its discretion, adjourn the hearing or determine the appeal in the same manner as if both parties were present.

9. The determination of the Court shall be certified in writing by the Magistrate to the parties to the appeal, and to such other persons as the Court may direct.

SCHEDULE.

NOTICE OF APPEAL FROM CLOSING-ORDER.

New Zealand.

In the Magistrate’s Court held at

In the matter of the Health Act, 1920; and in the matter of a closing-order issued thereunder by [Name of local authority, or as the case may be] with respect to the premises herein described, namely [Set out description of premises sufficient to identify them].

TAKE notice that I, [Name and description of appellant], being the owner [or occupier] of the premises herein described, hereby appeal against a closing-order issued under the Health Act, 1920, in respect of the said premises by [Name of local authority, or as the case may be], and dated the day of , 192 .

Dated at this day of , 19 .

[Signature of Appellant.]

To the Clerk of the Magistrate’s Court at , and to the [Name and description of respondent].

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

Revoking the Vesting in the Ashburton County Council of Portion of Gravel Reserve 2525, Block I, Rangitata Survey District.

JELLICOE, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 19th day of April, 1922.

Present :
THE RIGHT HONOURABLE W. F. MASSEY, P.C., PRESIDING IN COUNCIL.

WHEREAS the land described in the Schedule hereto forms portion of a reserve duly vested in the Chairman, Councillors, and Inhabitants of the Ashburton County, in trust, for gravel purposes, by an Order in Council dated the seventh day of April, one thousand eight hundred and ninety-four, and published in New Zealand Gazette No. 28, of the twelfth day of April, one thousand eight hundred and ninety-four, in pursuance of section four of the Public Reserves Act, 1881, but a certificate of title has not issued in respect of the said reserve:

And whereas it is expedient that the said Order in Council should be revoked in so far as it relates to the land described in the Schedule hereto, and the Ashburton County Council has duly consented to such revocation:

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 powers and authorities conferred upon him by subsection two of section three of the Public Reserves and Domains Amendment Act, 1914,