Mar. 9.]

Amending Regulations of 4th October, 1926, imposing Conditions and Restrictions on the taking of Quinnat Salmon (Oncorhynchus Tschawytscha) for Purposes of Sale.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 28th day of February, 1933.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS by Order in Council dated the fourth day of October, one thousand nine hundred and twenty-six, and published in the Gazette of the seventh day of the same month at page 2865, regulations were made imposing conditions and restrictions upon the taking of quinnat salmon (Oncorhynchus Tschawytscha) for purposes of sale :

And whereas it is desirable to amend the said regulations in the manner hereinafter described :

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 sections eighty-three and ninety-four of the Fisheries Act, 1908, and of all other powers and authorities enabling him in that behalf, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby amend the hereinbefore-recited regulations as set out in the Schedule hereto.

SCHEDULE.

Regulation 6 of the hereinbefore-recited regulations is amended by adding thereto the following proviso :—

“6. (c) Provided that the taking of salmon in the Hurunui River by the process known as drag netting shall be prohibited during the period from midnight of Thursday in any one week until midnight of the Sunday following.”

The Third Schedule of the said regulations of the 4th October, 1926, is amended by adding the following clause thereto :—

“The Hurunui River.

“A straight line drawn from the bluff forming the easternmost part of the road reserve bounding Rural Section 26309 on the right bank of the river to the eastern extremity of the pine plantation on the reserve situated on the opposite side of the river.”

F. D. THOMSON,

Clerk of the Executive Council.

Directing Sale of Railway Land at Upper Hutt under the Public Works Act, 1928.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 28th day of February, 1933.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS by the thirty-fifth section of the Public Works Act, 1928 (hereinafter termed “the said Act”), it is enacted that if it is found that any land held, taken, purchased, or acquired at any time under this or any other Act or Provincial Ordinance, or otherwise howsoever, for any public work, is not required for such public work, the Governor-General may, by Order in Council publicly notified and gazetted, cause the same to be sold under the conditions set forth in the said Act :

And whereas provision is made under the thirty-sixth section of the said Act, whereby any such land may, with the concurrence of the Governor-General, be sold on deferred payments extending over a period not exceeding five years :

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in pursuance of the powers and authorities conferred upon him by the said Act, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby order and direct the sale of the land described in the Schedule hereto under the conditions set forth in the said Act; and doth hereby authorize, pursuant to the said section thirty-six, the acceptance of the purchase-price in instalments extending over a period not exceeding five years.

SCHEDULE.

APPROXIMATE area of the piece of land: 22 acres 3 roods 1·7 perches.

Portion of Railway Reserve (Section 129 and parts of Section 128, Hutt R.D.), Block I, Rimutaka Survey District, Borough of Upper Hutt. (S.O. 2818.)

In the Wellington Land District ; as the same is more particularly delineated on the plan marked L.O. 2310, deposited in the office of the Government Railways Board at Wellington, and thereon coloured yellow.

F. D. THOMSON,

Clerk of the Executive Council.

(L.O. 2104.)

Licensing Rupert George Skilton to use and occupy a Part of the Foreshore and Land below Low-water Mark in the Onekaka River, Golden Bay, as a Site for a Wharf.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 28th day of February, 1933.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS by Orders in Council dated the twenty-fifth day of February, one thousand nine hundred and nineteen, and the fourteenth day of May, one thousand nine hundred and twenty, and published in the Gazette of the sixth day of March, one thousand nine hundred and nineteen, at page 644, and the twentieth day of May, one thousand nine hundred and twenty, at page 1551, respectively, Rupert George Skilton, of Onekaka, was licensed under the Harbours Act, 1923, to occupy for a period of fourteen years a part of the foreshore and land below low-water mark in the Onekaka River, Golden Bay, in order to maintain thereon a wharf and an extension thereof as shown on plans marked M.D. 5021 and M.D. 5170, and deposited in the office of the Marine Department at Wellington :

And whereas the first-mentioned Order in Council has expired and the second-mentioned Order in Council has been revoked, and Rupert George Skilton, of Onekaka (hereinafter called “the licensee,” in which term is to be construed, unless the context requires a different construction, his executors, administrators, and assigns), has made application under the Harbours Act, 1923 (hereinafter called “the said Act”), for a license for a further term of fourteen years, computed from the twenty-fifth day of February, one thousand nine hundred and thirty-three, and it is expedient to grant the same for the term and subject to the conditions hereinafter expressed :

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 by the said Act, and of all other powers and authorities enabling him in that behalf, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby approve of the purpose or object for which the said license is required by the licensee as aforesaid ; and, in further pursuance and exercise of the said power and authority, and acting by and with the like advice and consent as aforesaid, doth hereby license and permit the licensee to use and occupy that part of the foreshore and land below low-water mark which is particularly shown and delineated on the plans so deposited as aforesaid, for the purpose of maintaining the wharf aforesaid thereon, such license to be held and enjoyed by the licensee upon and subject to the terms and conditions set forth in the Schedule hereto.

SCHEDULE.

1. In these conditions the terms—

“Foreshore” means such parts of the bed, shore, or banks of a tidal water as are covered and uncovered by the flow and ebb of the tide at ordinary spring tides:

“Low-water mark” means low-water mark at ordinary spring tides:

“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. The concessions and privileges conferred by this Order in Council shall extend and apply only to the part of the foreshore and land below low-water mark adjacent thereto necessary for the maintenance of the said wharf at the site shown on plans marked M.D. 5021 and M.D. 5170.

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