10 June]

Grenting Control of Part of the Foreshore of Waihi Beach
in Bay of Plenty in Ohinemuri County Council

C. W. M. NORRIE, Governor-General
By his Deputy,
H. E. BARROWCLOUGH
ORDER IN COUNCIL
At the Government House at Wellington, this 2nd day of
June 1954
Present:
HIS EXCELLENcy THE GOVERNOR-GENERAL 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 grants to the
Ohinemuri County Council (hereinafter called the Council)
control of part of the foreshore at Waihi Beach in Bay of
Plenty, 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
THAT portion of the foreshore in the Bay of Plenty com-
mencing at a point 8 chains north of the north-eastern
corner of Waihi No. 3 Block, in the County of Ohinemuri
and extending generally south-eastwards to the south-eastern
corner of Waihi No. 5 Block, in the County of Tauranga;
as the same is shown, coloured red, on plan marked M.D.
6656, and deposited in the office of the Marine Department
at Wellington.

SECOND SCHEDULE
CONDITIONS

1. In these conditions the terms--
   'Council' means the Ohinemuri County Council.
   '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 1952, 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. 6656,
   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 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 pro-
   vision 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 areas of foreshore.

6. The Council may, subject to the provisions of section
   178 of the Harbours Act 1950, erect or license or permit the
   erectiion of baths, bathhouses, boatsheds, boat-building sheds,
   jetties, and slipways 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 fore-
   shore for the benefits of the inhabitants of the district.

7. The Council may enclose any part or parts of the
   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,
   provided that the total number of days on which such
   enclosures are made shall not exceed six in any one year.

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

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

10. 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.

11. 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 date hereof unless in the meantime
    such rights, powers, and privileges shall be altered, modified,
    or revoked by competent authority.

12. 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.

(M. 4/2285)

Consenting to the Raising of Portion (£25,000) of the
Dunedin City Councils Loan of (£400,000) and
Prescribing the Conditions Thereof

C. W. M. NORRIE, Governor-General
By his Deputy,
H. E. BARROWCLOUGH
ORDER IN COUNCIL
At the Government House at Wellington, this 26th day of
May 1954
Present:
HIS ExceLLENcy THE GOVERNOR-GENERAL IN COUNCIL
WHEREAS by Order in Council made on the 17th day
of October 1951 (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 by the Dunedin City Council (hereinafter called the
said local authority) of a loan of four hundred thousand
pounds to be known as Electricity Loan 1951 (hereinafter
called the said loan):
And whereas an amount of one hundred and eighty
thousand pounds has not yet been raised:
And whereas the authority conferred by the said Order
in Council has lapsed in accordance with the provisions of
clause 7 thereof and it is not now lawful or competent for
the said local authority to raise the balance of the said loan
or any portion thereof except in accordance with the
provisions of a further Order in Council that may be issued
pursuant to section 11 of the Local Government Loans Board
Act 1926 (hereinafter called the said Act):
And whereas the said local authority is now desirous of
raising a further portion of the said loan amounting to
twenty-five thousand pounds (hereinafter called the said
sum), and it is expedient to authorize the said local authority
to raise the said sum on the conditions hereinafter set out:
Now, therefore, pursuant to section 11 of the said Act,
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 consents
to the raising in New Zealand by the said local authority of
the said sum up to the amount of twenty-five thousand pounds
for the purpose for which the said loan was authorized, and
in giving such consent hereby determines as follows:

1. The term for which the said sum or any part thereof
   may be raised shall not exceed ten years.
2. The rate of interest that may be paid in respect of the
   said sum or any part thereof shall be such as shall not
   produce to the lender or lenders a rate or rates exceeding
   four per cent per annum.
3. The said sum shall be repaid by the annual redemption
   of debentures in the years set out in the first column
   of the Schedule hereunder of the amounts stated opposite
   each such year in the second column of the said Schedule.

SCHEDULE

First Column Second First Column Second
Year Column Year Column
Amount Amount

£ £
lst 900 6th 1,100
2nd 1,000 7th 1,200
3rd 1,000 8th 1,200
4th 1,100 9th 1,300
5th 1,100 10th 15,100

4. The payment of interest and redemptions in respect
   of the said sum shall be made in New Zealand.
5. No amount payable as either interest or a redemption
   in respect of the said sum shall be paid out of loan money.
6. The rate payable for brokerage, underwriting, and
   procuration fees in respect of the raising of the said sum
   or any part thereof shall not in the aggregate exceed one-
   half per cent of any amount raised.
7. No money shall be borrowed under this consent after
   the expiration of two years from the date hereof.

T. J. SHERRARD,
Clerk of the Executive Council.
(T. 49/254/47)