388
THE NEW ZEALAND GAZETTE.
[No. 10

other local authority the Governor-General may, by Order in Council, grant, for a period not exceeding twenty 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 Akitio 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 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 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.

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FIRST SCHEDULE.

ALL that portion of the foreshore in Akitio County, commencing at the southern side of the mouth of the Akitio River, opposite Section 25, to the northern boundary of Section 38, as is shown coloured yellow on plan marked M.D. 7547 and deposited in the office of the Marine Department at Wellington.

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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 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 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 Council 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

C. A. JEFFERY,
Clerk of the Executive Council.

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Member of Niue Island Council appointed.

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GALWAY, Governor-General.

PURSUANT to the authority vested in me by section sixty-five of the Cook Islands Act, 1915, and by an Order in Council of the twenty-first day of March, one thousand nine hundred and sixteen, providing for the constitution of Island Councils in the Cook Islands, I, George Vere Arundell, Viscount Galway, Governor-General of the Dominion of New Zealand, do hereby revoke the appointment of

Puleiki

as a member of the Island Council of Niue, as from the sixteenth day of December, one thousand nine hundred and thirty-six, and do hereby nominate and appoint

Veli Hagatuki

to be a member of the Island Council of Niue to hold office during my pleasure as from the seventeenth day of December, one thousand nine hundred and thirty-six.

As witness the hand of His Excellency the Governor-General of the Dominion of New Zealand, this 1st day of February, 1937.

M. J. SAVAGE, Minister of External Affairs.