440

THE NEW ZEALAND GAZETTE.

No. 11

(a) The said poll of ratepayers had been taken at the proper
time:
(b) The said notice had contained the words “the cost of
reconstructing and erecting bridges,” in lieu of the
words “the cost of repairing and erecting bridges”:
(c) The notification published pursuant to section twelve
of the said Act had stated the proposal therein
referred to as a proposal to borrow the sum of twenty
thousand pounds:
And that the validity of the proceedings in connection with the
said loan or the validity of the security of the said loan shall
not be called in question by reason only of the irregularities
or defects aforesaid.

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

(T. 49/203.)

Vesting the Control of Part of the Foreshore at Whakatane in
the Whakatane County Council.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this llth day of
February, 1929.
Present:
THE RIGHT HONOURABLE SIR J. G. WARD, 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 in
any local authority, Domain Board, or persons acting as
trustees for the inhabitants of the locality, upon such con-
ditions 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 Whakatane 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 Execu-
tive 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 Whakatane commencing at
the western side of the road from Whakatane to the Ohope
Beach, and extending generally south-eastwards to the eastern
boundary, Whakatane County. As the same is shown be-
tween points marked “A” and “B” and hatched red on
plan marked M.D. 6615, and deposited in the office of the
Marine Department at Wellington.

SECOND SCHEDULE.

1. In these conditions the term “Minister” means the Minis-
   ter 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 at 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 hatched red on plan marked M.D. 6615,
   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 inconsis-
   tent with any law relating to the Customs, or with any regulation
   of the Minister of Customs, or with any provision 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. The Council may enclose any part or parts of the fore-
   shore 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
   171 of the Harbours Act, 1923, 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-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.

Vesting Control of a Reserve under the Tourist and Health
Resorts Control Act, 1908.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 19th day of
February, 1929.
Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

IN pursuance and exercise of the power and authority
conferred on him by section five of the Tourist and
Health Resorts Control Act, 1908 (hereinafter termed “the
said Act”), 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 vest the control of the reserve for recreation, described
in the Schedule hereto, in the Minister of the Crown for the
time being having the administration of the said Act, and
doth hereby declare that the said reserve shall be administered
under the said Act.

SCHEDULE.
AUCKLAND LAND DISTRICT.
SECTIONS 9, 10, and 11, Block LXX, Town of Rotorua:
Area, 2 roods 24.5 perches, more or less.

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

Vesting a Reserve in the Maniototo County Council.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this llth day of
February, 1929.
Present:
THE RIGHT HONOURABLE SIR J. G. WARD, PRESIDING IN
COUNCIL.
WHEREAS the land described in the Schedule hereto
has been duly set apart as a rubbish and sanitary
reserve; And whereas, in the opinion of the Governor-
General, it is expedient to vest the said reserve in the
Chairman, Councillors, and Inhabitants of the County of
Maniototo:
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 exercise of the powers and authorities conferred upon
him by section four of the Public Reserves and Domains