JUNE 7.] THE NEW ZEALAND GAZETTE. 1871

The North-eastern Side of Portion of Leven Street, in the City of Dunedin, exempted from the Provisions of Section 117 of the Public Works Act, 1908, subject to a Condition as to the Building-line.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 31st day of May, 1928.

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 Dunedin City Council on the twenty-first day of March, one thousand nine hundred and twenty-eight, the portion of street affected by such resolution being more particularly described in the Schedule hereto, viz:—

“That the Dunedin City Council, being the local authority having control of the streets in the City of Dunedin, by resolution declares that the provisions of section one hundred and seventeen of the Public Works Act, 1908, shall not apply to the portion of a public street in the City of Dunedin described hereunder—viz., portion of the north-eastern side of Leven Street, in the City of Dunedin, where the same abuts on Allotment 14, Block VI, Township of Roslyn; as the same is more particularly shown by a brown colour on the plan annexed hereto ”;

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

SCHEDULE.

THE north-eastern side of all that portion of street situated in the Otago Land District, City of Dunedin, known as Leven Street, abutting on Allotment 14, L.T.P. 1443, Block VI, Township of Roslyn. As the same is more particularly delineated on the plan marked P.W.D. 72147, deposited in the office of the Minister of Public Works at Wellington, and thereon coloured brown.

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

(P.W. 51/611.)

The Western Side generally of Portion of Mount Pleasant Road (formerly known as Old Karori Road), in the City of Wellington, exempted from the Provisions of Section 117 of the Public Works Act, 1908, subject to a Condition as to the Building-line.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 31st day of May, 1928.

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 Wellington City Council on the tenth day of May, one thousand nine hundred and twenty-eight, the portion of street affected by such resolution being more particularly described in the Schedule hereto, viz. :—

“The Wellington City Council, being the local authority having control of the streets in the City of Wellington, by resolution declares that the provisions of section one hundred and seventeen of the Public Works Act, 1908, shall not apply to the western side generally of that portion of Mount Pleasant Road (formerly called Old Karori Road) fronting the land contained in plan A/1423, being part of Section 10, Ohire Registration District, Block V, Port Nicholson Survey District ”;

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

SCHEDULE.

THE western side generally of all that portion of street situated in the Wellington Land District, City of Wellington, known as Mount Pleasant Road, fronting the land on plan A/1423, being part of Section 10, Ohire Registration District, Block V, Port Nicholson Survey District: As the same is more particularly delineated on the plan marked P.W.D. 71761, deposited in the office of the Minister of Public Works at Wellington, and thereon coloured red.

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

(P.W. 51/219.)

Vesting the Control of Part of the Foreshore in Foveaux Strait in the Invercargill Borough Council.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 31st day of May, 1928.

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

WHEREAS it is enacted by section one hundred and fifty-eight of the Harbours Act, 1923 (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 Invercargill Borough 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.

FIRST SCHEDULE.

THAT portion of the foreshore of Foveaux Strait commencing at the mouth of the Waimatuku Stream and extending generally south-eastwards to the south-western boundary of Section 5, Block XXIII, New River Hundred, at the entrance to the New River Estuary: as the same is shown coloured red on plan marked M.D. 6494, 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 plan marked M.D. 6494, 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 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, 1923, or its amendments, or any regulations made thereunder, and that are or may hereafter be in force.