2272
THE NEW ZEALAND GAZETTE.
[No. 57

The South-western Side of Portion of Mataora Road, in the City of Dunedin, exempted from the Provisions of Section 128 of the Public Works Act, 1928, subject to a Condition as to the Building-line.

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BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 24th day of July, 1934.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

IN pursuance and exercise of the powers conferred by the Public Works Act, 1928, 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 twentieth day of June, one thousand nine hundred and thirty-four, 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 twenty-eight of the Public Works Act, 1928, shall not apply to portion of the south-western side of Mataora Road, in the said City of Dunedin, where such portion of street abuts on Allotments 16 and 17 and part 18, Township of Hawthorn Hill, as the said portion of street is more particularly shown on the plan annexed hereto and is thereon coloured red to its centre-line ” ;

subject to the condition that no building or part of a building shall at any time be erected on the land fronting the south-western side of the portion of Mataora 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 south-western side of all that portion of street, situated in the Otago Land District, City of Dunedin, known as Mataora Road, fronting Lots 16 and 17 and part Lot 18, Township of Hawthorn Hill. As the said portion of street is more particularly delineated on the plan marked P.W.D. 87553, 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. 51/1890.)

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The South-western Side of Portion of Sheen Street, in the City of Dunedin, exempted from the Provisions of Section 128 of the Public Works Act, 1928, subject to a Condition as to the Building-line.

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BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 24th day of July, 1934.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

IN pursuance and exercise of the powers conferred by the Public Works Act, 1928, 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 fourth day of July, one thousand nine hundred and thirty-four, 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 twenty-eight of the Public Works Act, 1928, shall not apply to portion of the south-western side of Sheen Street, in the said City of Dunedin, where such portion of street abuts on Lot 15 and part Lot 16, Deeds Plan 95, Township of Roslyn Extension, as the said portion of street is more particularly shown on the plan annexed hereto and is thereon coloured brown and edged with red to its centre-line ” ;

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

SCHEDULE.

THE south-western side of all that portion of street, situated in the Otago Land District, City of Dunedin, known as Sheen Street, fronting Lot 15 and part Lot 16, Deeds Plan 95, Township of Roslyn Extension. As the said portion of street is more particularly delineated on the plan marked P.W.D. 87606, deposited in the office of the Minister of Public Works at Wellington, and thereon edged red.

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

(P.W. 51/1895.)

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Vesting the Control of Part of the Foreshore at Waitarere in the Waitarere Domain Board.

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BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 24th day of July, 1934.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL 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 Waitarere Domain Board (hereinafter called “ the Board ”) 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 Board :

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 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 grant to the Board 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.

ALL that portion of the foreshore in Horowhenua County, commencing at the mouth of the Wairarawa Stream, and extending generally southward for a distance of forty chains.

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SECOND SCHEDULE.

1. 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 :

“ 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 that part of the foreshore as defined in the First Schedule hereto.

3. 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.

4. Nothing herein contained shall authorize the Board 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 provision of the Harbours Act, 1923, or its amendments, or any regulations made thereunder and that are or may hereafter be in force.

5. 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.

6. The Board may enclose any part or parts of the foreshore 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.