JULY 17.] THE NEW ZEALAND GAZETTE. 2147

SCHEDULE.

Clause three to the Schedule of the hereinbefore-recited Order in Council dated the thirteenth day of November, one thousand nine hundred and forty, and published in the Gazette of the twenty-first day of the same month at page 3445, is amended by deleting the words and figure “two pounds (£2)” and substituting the words and figure “one pound (£1).”

T. R. AICKIN,
Acting Clerk of the Executive Council.

Revoking Order in Council of the 10th Day of November, 1929, licensing Messrs. James Henry Newton and John Newton to occupy Foreshore at Motuparapara Island, Northern Wairoa River, as a Site for a Wharf.

C. L. N. NEWALL, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 9th day of July, 1941.

Present:

THE HON. W. NASH 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 revoke as from the thirty-first day of March, one thousand nine hundred and forty-one, the Order in Council dated the tenth day of November, one thousand nine hundred and thirty-seven, and published in the Gazette of the eighteenth day of the same month at page 2522, licensing and permitting Messrs. James Henry Newton and John Newton, of Dargaville, to use and occupy a part of the foreshore and land below low-water mark at Motuparapara Island, Northern Wairoa River, as a site for a wharf.

T. R. AICKIN,
Acting Clerk of the Executive Council.

Revoking a License held by Waikakaho Deep Lead, Limited, authorizing the use of Water for the Purpose of generating Electricity.

C. L. N. NEWALL, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 16th day of July, 1941.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

PURSUANT to the Public Works Act, 1928, 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 with the consent of the licensee, doth hereby revoke the Order in Council dated the ninth day of June, one thousand nine hundred and thirty-nine, and published in the New Zealand Gazette No. 45 of the fifteenth day of the same month, authorizing Waikakaho Deep Lead, Limited, to use water for the purpose of generating electricity.

T. R. AICKIN,
Acting Clerk of the Executive Council.

(P.W. 26/2930.)

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

C. L. N. NEWALL, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 9th day of July, 1941.

Present:

THE HON. W. NASH 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 grant to the Brighton Domain Board (hereinafter called “the Board,” which term shall include its successors or assigns, unless the context requires a different construction) 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.

FIRST SCHEDULE.

THAT portion of the foreshore at Brighton containing 9 acres 2 roods, more or less, as shown in yellow on plan marked M.D. 5189, and deposited in the office of the Marine Department at Wellington.

B

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 on plans marked M.D. 5189, 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 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 games or sports, 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 fourteen in any one year.

7. The Board may, subject to the provisions of section one hundred and seventy-one 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 Board 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 Board 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 twenty-first day of June, one thousand nine hundred and forty-one, 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 Board 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 Board in New Zealand.

T. R. AICKIN,
Acting Clerk of the Executive Council.

Order in Council as to Superannuation Rights of Samuel Mather, an Employee of the New Zealand Post and Telegraph Employees’ Association and Officers’ Guild (Incorporated).

C. L. N. NEWALL, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 9th day of July, 1941.

Present:

THE HON. W. NASH PRESIDING IN COUNCIL.

WHEREAS Samuel Mather, of Wellington (hereinafter referred to as “the contributor”), is, and from the first day of July, one thousand nine hundred and forty-one, has been, exclusively engaged as an employee of the New Zealand Post and Telegraph Employees’ Association and Officers’ Guild (Incorporated) (hereinafter referred to as “the Association”), being an approved organization within the meaning of section fifteen of the Finance Act (No. 2), 1940:

And whereas immediately prior to being so engaged with the Association the contributor was a contributor to the Public Service Superannuation Fund and was then contributing to the said fund five per centum of his salary: