540
THE NEW ZEALAND GAZETTE.
[No. 12

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 whereas it is desirable that the control should be granted to trustees :

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 Rima Wakarua, Aropeta Tamanu, Tapapa Whiro, as trustees for the inhabitants of the locality, 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.

THAT portion of the foreshore at Tuaropaki (Shell Rock), Block XIV, Wairoa Survey District; as the same is shown coloured red on plan marked M.D. 6134, and 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. 6134, 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 out and over the said foreshore without payment.

5. Nothing herein contained shall authorize the Trustees 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, 1923, or its amendments, or any regulations made thereunder, and that are or may hereafter be in force.

6. The rights, powers, and privileges conferred by this Order in Council shall not apply to those portions of the foreshore required for securing the shore ends of any telegraph cables that are at present or may be at any time laid down within the said area of foreshore.

7. Nothing herein contained shall authorize the trustees to remove, or cause to be removed, any stone, sand, shingle, or shells without the consent of the Minister being first obtained.

8. 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.

9. 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 trustees 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 trustees in New Zealand.

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

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The Southern Side of Portion of Clawton Street (formerly Holsworthy Road), in the Borough of New Plymouth, exempted from the Provisions of Section 117 of the Public Works Act, 1908, subject to a Condition as to the Building-line.

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CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 22nd day of February, 1926.

Present :

THE RIGHT HONOURABLE J. G. COATES, P.C., PRESIDING IN COUNCIL.

IN pursuance and exercise of the powers conferred by the Public Works Act, 1908, and of all other powers in

anywise enabling him in this behalf, 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 approve of the following resolution passed by the New Plymouth Borough Council on the thirty-first day of August, one thousand nine hundred and twenty-five, viz. :

“That the New Plymouth Borough Council, being the local authority having control of the street hereinafter mentioned, hereby resolves and declares that the provision of section one hundred and seventeen, subsection one, of the Public Works Act, 1908, shall not apply to that portion of the southern side of Clawton Street (formerly Holsworthy Road) to which part Section 28, Fitzroy, New Plymouth, have frontages”;

subject to the condition that no building or part of a building shall at any time be erected on the land fronting the southern side of the portion of Clawton Street (formerly Holsworthy Road) (described in the Schedule hereto), within a distance of thirty-three feet from the centre-line of the said portion of street.

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SCHEDULE.

THE southern side of all that portion of street situated in the Taranaki Land District, Borough of New Plymouth, known as Clawton Street (formerly Holsworthy Road) fronting Lots 1, 2, 3, and 4 of part Section 28, Fitzroy District. As the same is more particularly delineated on the plan marked P.W.D. 65257, deposited in the office of the Minister of Public Works at Wellington, in the Wellington Land District, and thereon coloured blue.

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

(P.W. 51/429.)

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Prescribing the Rate of Interest that may be paid by the Eyre County Council in respect of a Loan of £190, authorized to be raised for the Purpose of completing the Erection of Workers’ Dwellings.

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CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 22nd day of February, 1926.

Present :

THE RIGHT HONOURABLE J. G. COATES, P.C., PRESIDING IN COUNCIL.

WHEREAS by section eleven of the Finance Act, 1921, and its amendments, it is provided 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, whether the rate of interest or the term of years of the loan was or was not specified or determined, 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, as may be prescribed by the Governor-General by Order in Council :

And whereas the Eyre County Council has been authorized to borrow the sum of one thousand nine hundred pounds for the purpose of erecting workers’ dwellings, and is now desirous of borrowing an additional sum of one hundred and ninety pounds under the authority of section eighteen of the Local Bodies’ Loans Act, 1913, for the purpose of completing the undertaking :

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 rate of interest at which the money may be borrowed be not exceeding six per centum per annum :

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 as aforesaid, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby prescribe that the rate of interest that may be paid by the Eyre County Council in respect of the said loan of one hundred and ninety pounds shall be a rate not exceeding six per centum per annum, and the said Eyre County Council is hereby authorized to borrow the said sum of one hundred and ninety pounds accordingly.

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