And whereas the foreshore hereinafter described is not vested
in any Harbour Board or other local authority, and Robert Hogan
Bell, Heber John Hewson, Lawrence Clervaux Chaytor, Robert
Lanktree Withers, John Trewin, Patrick Curran, William Reynolds
Carey, James David Eric Winskill, Arthur Ernest Brockett, Geoffrey
Ernest Gray, and Malcolm Crawford as trustees for the inhabitants
of the district (hereinafter called “the trustees”) have applied to
the Governor-General in Council for the control thereof:

And whereas it is desirable that the control should be granted
to the trustees:

Now, therefore, His Excellency the Governor-General, in pur-
suance and exercise of the power and authority conferred upon
him by the said Act and acting by and with the advice and consent
of the Executive Council, hereby grants to the trustees 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

DESCRIPTION OF AREA

ALL that area in the Marlborough Land District, Kaikoura County,
being the foreshore commencing at the easternmost point of the
south bank of the Clarence River and thence southerly generally
along the east coast to the easternmost point of the northern bank
of the Hapuku River:

And all that area in the Marlborough Land District, Kaikoura
County, being the foreshore commencing at the easternmost point
of the south bank of the Kowhai River and thence southerly generally
along the east coast to the easternmost point of the northern bank
of the Conway River.

As the said areas are shown coloured red on plan marked M.D.
9309, and deposited in the office of the Marine Department at
Wellington.

SECOND SCHEDULE

CONDITIONS

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 those parts of the foreshore
   as shown edged red on plan marked M.D. 9309, and deposited in
   the office of the Marine Department at Wellington.

3. Her 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 trustees 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 1950, 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 trustees may, subject to the provisions of section 178
   of the Harbours Act 1950, erect or licence or permit the erection
   of structures 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 on improving the foreshore for the benefit of the inhabi-
   tants of the district.

7. Nothing herein contained shall authorize the trustees to
   remove or cause to be removed any stone, sand, shingle, or shells
   without the consent of the Minister being first obtained.

8. The trustees shall prevent any nuisance being caused and
   shall not permit fish or fish offal to remain on or about the foreshore.

9. By-laws made by the trustees 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 until the 5th day
    of October 1953, 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 com-
    pensation whatever, on giving to the trustees 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 trustees in New Zealand.

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

Varying a Condition as to Setting Back the Building-line of Portion of
Derwent Street, in the City of Dunedin, Imposed by Order in
Council Under the Municipal Corporations Amendment Act
1948 and the Public Works Act 1928

FREYBERG, Governor-General
ORDER IN COUNCIL
At the Government Buildings at Wellington, this 31st day of
March 1952
Present:
THE RIGHT HON. S. G. HOLLAND PRESIDING IN COUNCIL
Pursuant to section 27 of the Public Works Amendment Act
1948, His Excellency the Governor-General, acting by and
with the advice and consent of the Executive Council, hereby amends
the Order in Council dated the 6th day of December 1949, published
in the New Zealand Gazette No. 74 of the 8th day of the same month,
at page 2779, and deposited in the Land Registry Office at Dunedin
under No. 5880, authorizing the Dunedin City Council to permit the
laying-off of, inter alia, a street now known as Derwent Street off
Helensburgh Road in the City of Dunedin at widths of less than 66 ft.,
subject to a condition as to the building-line by varying the building-
line condition imposed by the said Order in Council in respect of the
land fronting portion of the said street 40 ft. in width so that no
building or part of a building shall at any time be erected on Lots
10, 11, and 22 of the subdivision of the land fronting the said portion
of street as shown on the plan marked P.W.D. 130318 referred to in
the said Order in Council within a distance of 33 feet from the centre-
line of the said portion of street.

T. J. SHERRARD,
Clerk of the Executive Council.
(P.W. 51/3336 ; D.O. 18/300/79)

Foreshore Licence—Lake Wakatipu, Queenstown—Site for a Slipway—
Amphibian Airways, Limited

FREYBERG, Governor-General
ORDER IN COUNCIL
At the Government Buildings at Wellington, this 24th day of
March 1952
Present:
THE RIGHT HON. S. G. HOLLAND PRESIDING IN COUNCIL
Pursuant to the Harbours Act 1950, His Excellency the
Governor-General, acting by and with the advice and consent
of the Executive Council, hereby licences and permits Amphibian
Airways, Limited (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 at
Queenstown, in Lake Wakatipu, as shown on plan marked M.D.
9336 and deposited in the office of the Marine Department at Welling-
ton, for the purpose of the use of a slipway as shown on the said plan,
such licence to be held and enjoyed by the company upon and subject
to the terms and conditions set forth in the Schedule hereto.

SCHEDULE

CONDITIONS

1. This licence is subject to the Foreshore Licence Regulations
   1940, and the provisions of those regulations shall so far as applicable,
   apply hereto.

2. The premium payable by the company shall be £5 (five
   pounds) and the annual sum so payable £3 (three pounds).

3. The term of the licence shall be fourteen years from the 1st
   day of April 1952.

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

Varying the Determinations in Respect of the Ngaruawahia Borough
Council’s Loan of £34,720

FREYBERG, Governor-General
ORDER IN COUNCIL
At the Government Buildings at Wellington, this 24th day of
March 1952
Present:
THE RIGHT HON. S. G. HOLLAND PRESIDING IN COUNCIL
Whereas by Order in Council made on the 23rd day of August
1950 (hereinafter called the said Order in Council) and
subject to the determinations as to borrowing and repayment
therein set out, consent was given to the raising in New Zealand
by the Ngaruawahia Borough Council (hereinafter called the said
local authority) of a loan of thirty-four thousand seven hundred
and twenty pounds (£34,720) to be known as “Streets, Footpaths,
and Waterworks Loan 1949” (hereinafter called the said loan):

And whereas the authority conferred by the said Order in Council
has not yet been exercised and it is expedient to vary certain of
the determinations aforesaid in respect of portion of the said loan
amounting to five thousand pounds (£5,000) (hereinafter called the
said sum):

Now, therefore, pursuant to section 11 of the Local Government
Loans Board Act 1926 as set out in section 29 of the Finance
Act 1932 (No. 2), His Excellency the Governor-General, acting
by and with the advice and consent of the Executive Council,
hereby varies the determinations aforesaid in respect of the said
sum by prescribing that in lieu of a term of thirty (30) years, as
specified in clause (1) of the said Order in Council, the term for
which the said sum or any part thereof may be raised shall not
exceed twenty-five (25) years.

T. J. SHERRARD,
Clerk of the Executive Council.
(T. 49/573/3)