Orders in Council




Authorizing the Acquisition of Land notwithstanding the
Provisions as to Limitation of Area.

GALWAY, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 5th day of
April, 1939.
Present:
His Excellency the Governor-General in Council.
PURSUANT to section two hundred and forty-six of the
Native Land Act, 1931, and all other powers him
enabling, His Excellency the Governor-General, acting by
and with the advice and consent of the Executive Council,
doeth hereby authorize the disposition to and the acquisition
by Campbell Larnach MacDiarmid, of Hamilton, Solicitor,
Hugh Douglas, of Hamilton, Surgeon, Richard English, of
Hamilton, Public Accountant, Daniel Vickery Bryant, of
Hamilton, Farmer, Cecil Daniel Bryant, of Tauwhare, Farmer,
and John Thomas Bryant, of Matangi, Farmer, of the lands
described in the Schedule hereto, notwithstanding the
provisions of Part XII of the said Act.

SCHEDULE.
THE following parcels of land, situate in the Auckland Land
Registration District:-

  1. The residue of the land comprised and described in
    Certificate of Title, Vol. 215, folio 274, containing 47 acres
    I rood Il·5 perches, more or less, called or known as Te
    Kumi No. 3B No. 3 Block.
  2. All the land comprised and described in Certificate of
    Title, Vol. 325, folio 63, containing 74 acres l rood O perches,
    more or less, being the Whaanga No. 2A Block.

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

Amending Order in Council delegating Powers under the
Cemeteries Act.

GALWAY, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 5th day of
April, 1939.
Present:
His Excellency the Governor-General in Council.
IN pursuance and exercise of the powers conferred upon
him by the Cemeteries Act, 1908, 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 revoke, in so far as it relates
to the Frankton Cemetery, the Order in Council delegating
powers under the said Act made on the eighteenth day of
September, one thousand nine hundred and thirty-three,
and published in the Gazette on the twenty-first day of the
same month, at page 2429.

C. A. JEFFERY,
Clerk of the Executive Council.
(H.C. 39/1.)

Delegating Powers under the Cemeteries Act, 1908.

GALWAY, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 5th day of
April 1939.
Present:
His Excellency the Governor-General in Council.
IN pursuance and exercise of the powers conferred upon
him by the Cemeteries Act, 1908, 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 delegate to the Lake
County Council the powers conferred upon him by section
four of the said Act of appointing and removing trustees
in respect of the Frankton Cemetery, as described in the
Schedule hereto.

SCHEDULE.
FRANKTON CEMETERY.
All that area in the Otago Land District containing by ad-
measurement 3 roods 8 poles, more or less, being Cemetery
Reserve No. 1, Town of Frankton. Bounded towards the
south-west, north-west, and north-east by Section 5, Block

XXI, Shotover Survey District, 400, 200, and 400 links,
respectively, and towards the south-east by McBride Street,
200 links; be all the aforesaid linkages more or less.
Also all that area in the Otago Land District containing
by admeasurement 7 acres 2 roods 11 poles, more or less,
being part of Cemetery Reserve No. 2, Town of Frankton.
Bounded towards the north-west by McBride Street, 468 links,
towards the north-east by a public road 1801 links, towards
the south-east by other part of said Cemetery Reserve No. 2,
450 links, and towards the south-west by Crown land and
Grant Street, 1760 links; be all the aforesaid linkages
more or less.
As the same are more particularly delineated on the plan
marked 191/2/476, deposited in the Head Office, Department
of Health, at Wellington, and thereon bordered red.

C. A. JEFFERY,
Clerk of the Executive Council.
(H.C. 39/2.)

Licensing Paul Jovanovitch to Use a Part of the Foreshore
and Land below Low-water Mark at Stoney Creek, on the
Whenuakite River, Coromandel County, as a Site for Timber
Booms.

GALWAY, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 5th day of
April, 1939.
Present:
His Excellency the Governor-General 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 license
and permit Paul Jovanovich (hereinafter called "the
licensee," which term shall include his executors, adminis-
trators, and assigns unless the context requires a different
construction), to use and occupy a part of the foreshore and
land below low-water mark at Stoney Creek, on the Whenu-
akite River, Coromandel County, as shown on plan marked
M.D. 3743, approved on the tenth day of October, one
thousand nine hundred and eleven, and deposited in the
office of the Marine Department at Wellington, for the
purpose of maintaining thereon timber booms as shown on
the said plan, 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 timber booms
    at the site shown on the plan marked M.D. 3743.
  3. In consideration of the concessions and privileges
    granted by this Order in Council, the licensee shall pay to
    the Minister the sum of £1 and thereafter an annual sum of
    £5 in advance, payable on the first day of April in each
    year, the first of such annual payments to be paid on the
    licensee being supplied with a copy of this Order in Council.
  4. His Majesty or the Governor-General, and all persons
    in the Government service acting in the execution of their
    duties, shall at all times have free ingress, passage, and
    egress into, through, over, and out of the said timber booms
    without payment.
  5. The licensee shall maintain the above-mentioned
    timber booms in good order and repair; and shall at all times
    exhibit therefrom, and maintain at the licensee's own cost,
    suitable and necessary lights for the guidance of vessels;
    provided that no light shall be exhibited until after it has
    been approved of by the Minister.
  6. Any person authorized by the Minister may at all
    reasonable times, enter upon the said timber booms and
    view the state of repair thereof; and upon such Minister
    leaving at or posting to the last-known address of the
    licensee in New Zealand a notice in writing of any defect


Next Page →

PDF embedding disabled (Crown copyright)

View this page online at:


VUW Te Waharoa PDF NZ Gazette 1939, No 23


NZLII PDF NZ Gazette 1939, No 23





✨ LLM interpretation of page content

🗺️ Authorization for Land Acquisition Despite Area Limitations

🗺️ Lands, Settlement & Survey
5 April 1939
Land acquisition, Native Land Act, Hamilton, Auckland Land District
6 names identified
  • Campbell Larnach MacDiarmid, Authorized to acquire land
  • Hugh Douglas, Authorized to acquire land
  • Richard English, Authorized to acquire land
  • Daniel Vickery Bryant, Authorized to acquire land
  • Cecil Daniel Bryant, Authorized to acquire land
  • John Thomas Bryant, Authorized to acquire land

  • C. A. Jeffery, Clerk of the Executive Council

🏛️ Amendment to Order in Council Delegating Powers Under the Cemeteries Act

🏛️ Governance & Central Administration
5 April 1939
Cemeteries Act, Frankton Cemetery, Order in Council revocation
  • C. A. Jeffery, Clerk of the Executive Council

🏛️ Delegation of Powers Under the Cemeteries Act to Lake County Council

🏛️ Governance & Central Administration
5 April 1939
Cemeteries Act, Frankton Cemetery, Lake County Council, Trustees appointment
  • C. A. Jeffery, Clerk of the Executive Council

🌾 License for Use of Foreshore and Land for Timber Booms

🌾 Primary Industries & Resources
5 April 1939
Foreshore license, Timber booms, Whenuakite River, Coromandel County
  • Paul Jovanovich, Licensed to use foreshore for timber booms

  • C. A. Jeffery, Clerk of the Executive Council