4
THE NEW ZEALAND GAZETTE.
[No. 1

Varying the Determinations in respect of the Nelson City
Council's Loan of £8,500.

GALWAY, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 13th day
of December, 1938.

Present:

THE RIGHT HON. M. J. SAVAGE PRESIDING IN COUNCIL.

WHEREAS by Order in Council made on the seventh
day of July, one thousand nine hundred and thirty-
seven, and subject to the determinations as to borrowing and
repayment therein set out, consent was given to the raising
by the Nelson City Council (hereinafter called “the said local
authority”) of the sum of eight thousand five hundred
pounds (£8,500) by a loan to be known as “Electricity
Overdraft Loan, 1937” (hereinafter called “the said loan”);

And whereas the said loan has not yet been raised and it
is expedient to vary the determinations aforesaid in respect
thereof by extending the period within which the said loan
may be raised:

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 pursuance and exercise of the powers and authorities
conferred on him by section eleven of the Local Government
Loans Board Act, 1926, as set out in section twenty-nine of
the Finance Act, 1932 (No. 2), and of all other powers and
authorities enabling him in this behalf doth hereby vary the
determinations contained in clause four of the said Order in
Council by providing that no moneys shall be borrowed under
the authority of the said Order in Council after the expiration
of a period of three (3) years from the date thereof.

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

(T. 49/279.)

Vesting the Control of Part of the Foreshore at Paraparaumu,
Paekakariki, and Plimmerton in the Hutt County Council.

GALWAY, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 13th day
of December, 1938.

Present:

THE RIGHT HON. M. J. SAVAGE PRESIDING IN COUNCIL.

PURSUANT to the Harbours Act, 1923, His Excellency
the Governor-General, acting by and with the advice
and consent of the Executive Council, doth hereby vest in
the Hutt County Council (hereinafter called “the Council”
which term shall include its successors and assigns, unless the
context requires a different construction), the control of those
parts of the foreshore at Paraparaumu, Paekakariki, and
Plimmerton as defined in the First Schedule hereto, for the
purpose of the use of the said foreshore for a term of twenty-
one years computed from the twenty-first day of May, one
thousand nine hundred and thirty-eight, such grant to be
held and enjoyed by the Council upon and subject to the
terms and conditions set forth in the Second Schedule hereto.

FIRST SCHEDULE.

THAT portion of the foreshore at Paraparaumu commencing
at the northern boundary of Section 8, Block III, Kapiti
Survey District, being a point approximately one half-mile
north of the mouth of the Tikotu Creek, and extending south
of the mouth of the Wharemouka Creek; and that portion of
the foreshore at Paekakariki commencing at the mouth of the
Wainui Creek and extending south to the northern boundary
of Section 82, Block III, Paekakariki Survey District, being a
point approximately one mile south of Beach Road,
Paekakariki, as the same is shown in red on plan marked
M.D. 5969, and deposited in the office of the Marine Depart-
ment at Wellington.

That portion of the foreshore at Plimmerton commencing
at the northern boundary of Section 80, Block VIII, Pae-
kakariki Survey District, being a point approximately
midway between Plimmerton Township and Walker’s Point,
and extending north to the boundary between the Hongoeka
and Motuhara Blocks, being a point approximately one quarter-
mile north of Karehana Bay, as the same is shown on plan
marked M.D. 5969, and deposited in the office of the Marine
Department at Wellington.

SECOND SCHEDULE.

1. In these conditions the term—
   “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 those parts of the
   foreshore as shown, coloured red, on plan marked M.D. 5969,
   and deposited in the office of the Marine Department at
   Wellington.

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 incon-
   sistent 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 regula-
   tions made thereunder, and that are or may hereafter be in
   force.

5. The Council shall prohibit the lighting of fires on the
   foreshore at Plimmerton between the points where the
   railway crosses the Porirua Harbour and the northern
   boundary of the Plimmerton Railway-station Reserve.

6. 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: Pro-
   vided 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
   erecting 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 21st May, 1938, 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.

Revoking Order in Council of the 22nd August, 1927, licensing
Robert Sharon Turner to use and occupy a Part of the
Foreshore and Land below Low-water Mark of Admiralty Bay
as a Site for a Wharf.

GALWAY, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 13th day
of December, 1938.

Present:

THE RIGHT HON. M. J. SAVAGE PRESIDING IN COUNCIL.

WHEREAS by Order in Council dated the twenty-second
day of August, one thousand nine hundred and
twenty-seven, and published in the Gazette of the twenty-fifth
day of the same month, at page 2750, Robert Sharon Turner
(hereinafter called “the licensee”) was licensed to use and
occupy a part of the foreshore and land below low-water
mark of Admiralty Bay, as a site for a wharf: