JULY 28] THE NEW ZEALAND GAZETTE 1595

And whereas by Order in Council made under the Municipal Corporations Act, 1933, dated the twenty-fifth day of June, one thousand nine hundred and forty-seven, and published in the Gazette of the twenty-sixth day of June, one thousand nine hundred and forty-seven, Vol. II, at page 786, the boundaries of the said borough were altered by the inclusion therein of the area described in the Schedule to the said Order in Council :

And whereas by notice given by the Minister of Internal Affairs, pursuant to the Municipal Corporations Act, 1933, dated the twenty-seventh day of September, one thousand nine hundred and forty-seven, and published in the Gazette of the second day of October, one thousand nine hundred and forty-seven, Vol. III, at page 1414, the altered boundaries of the said borough were defined :

Now, therefore, in pursuance and exercise of the powers conferred on him by the Milk Act, 1944, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, doth hereby order and declare as follows :—

1. (1) This Order may be cited as the Timaru Milk District Constitution Order 1945, Amendment No. 1, and shall be read together with and deemed part of the Timaru Milk District Constitution Order 1945.*

(2) This Order shall come into force on the 1st day of August, one thousand nine hundred and forty-nine.

2. The boundaries of the Timaru Milk District are hereby altered by the inclusion therein of the area included in the Borough of Timaru by the said Order in Council, and shall hereafter be the boundaries of the Borough of Timaru as defined in the First Schedule to the notice given by the Minister of Internal Affairs and published as aforesaid.

T. J. SHERRARD,
Clerk of the Executive Council.

• Gazette, 17th August, 1945, Vol. II, page 1026.

Foreshore Licence—Whangarei Harbour—Extension of Wharf—Wilsons (N.Z.) Portland Cement, Limited

B. C. FREYBERG, Governor-General

ORDER IN COUNCIL

At the Government House at Wellington, this 20th day of July, 1949

Present :

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL

PURSUANT to the provisions of 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 Wilsons (N.Z.) Portland Cement, Limited, of Auckland (hereinafter called the company, which term shall include its successors or assigns, unless the context requires a different construction), to use and occupy a part of the foreshore and land below low-water mark in Whangarei Harbour, as shown on plan marked M.D. 8912, and deposited in the office of the Marine Department at Wellington, for the purpose of erecting and maintaining thereon an extension to the wharf as shown on approved plans marked M.D. 4164, 4615, 4633, 5095, and 7004, deposited in the office of the Marine Department, Wellington, upon and subject to the terms and conditions set forth in the Order in Council dated the ninth day of April, one thousand nine hundred and forty-one, and published in the Gazette of the seventeenth day of the same month at page 975, licensing the company to use and occupy a part of the foreshore and land below low-water mark in the Whangarei Harbour as a site for a wharf.

T. J. SHERRARD,
Clerk of the Executive Council.

Vesting the Control of Part of the Foreshore in Foveaux Strait in the Invercargill City Council

B. C. FREYBERG, Governor-General

ORDER IN COUNCIL

At the Government Buildings at Wellington, this 1st day of June, 1949

Present :

THE RIGHT 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 Invercargill City Council (hereinafter called the Council, 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 of Foveaux Strait, commencing at the mouth of the Waimatuku Stream and extending generally south-eastwards to the south-western boundary of Section 5, Block XXIII, New River Hundred, at the entrance to the New River Estuary. As the same is shown coloured red on plan marked M.D. 6494, 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 on plans marked M.D. 6494, 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 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 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 Council 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 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 thirty-first day of May, one thousand nine hundred and forty-nine, 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.

T. J. SHERRARD,
Clerk of the Executive Council.

Validating in Part a Third-party Notice Served on the Auckland Harbour Board after Due Date

B. C. FREYBERG, Governor-General

ORDER IN COUNCIL

At the Government House at Wellington, this 27th day of July, 1949

Present :

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL

WHEREAS Frederick Vincent Ward, of Auckland, Driver (hereinafter referred to as the plaintiff), by Writ of Summons and Statement of Claim issued out of the Supreme Court of New Zealand, Auckland Registry, under No. 207/48, on the thirteenth day of August, one thousand nine hundred and forty-eight, commenced an action against the Auckland Harbour Board (hereinafter referred to as the Board), claiming damages in respect of injuries alleged to have been caused by negligence of the Board, its servants, or agents on the sixteenth day of February, one thousand nine hundred and forty-eight, at Auckland :

And whereas an Order was made in the Supreme Court of New Zealand, at Auckland, on the eighth day of October, one thousand nine hundred and forty-eight, that Penrose Transport Company, Limited (hereinafter referred to as the company), the employer of the plaintiff, be added as a defendant to the said action :

And whereas on the said eighth day of October, one thousand nine hundred and forty-eight, the plaintiff filed an amended statement of claim wherein he alleged that the negligence in respect of which he claimed damages was that of the mobile crane-driver who was at the time the employee, servant, or agent either of the Board or of the company :