27 SEPTEMBER

Revoking Foreshore Licences Authorising the Manapouri-Doubtful Sound Tourist Co. Ltd. to Use and Occupy Parts of the Foreshore and Bed of Lake Manapouri and of the Foreshore and Land Below Low-water Mark in Doubtful Sound as Sites for One Wharf, Three Jetties, and One Slipway

H. E. BARROWCLOUGH, Administrator of the Government ORDER IN COUNCIL

At the Government House at Wellington this 19th day of September 1962
Present:

His Excellency The Administrator of the Government in Council

Pursuant to the Harbours Act 1950, His Excellency the Administrator of the Government, acting by and with the advice and consent of the Executive Council, and with the consent of the licensee, hereby revokes as from 1 September 1962 the licences issued to the Manapouri-Doubtful Sound Tourist Co. Ltd. and the licence issued to the Sea Prince Lake Service Co. Ltd. for a wharf at Waiau River and assigned on 2 October 1958 to the Manapouri-Doubtful Sound Tourist Co. Ltd., in respect of parts of the foreshore and land below low-water mark in Doubtful Sound, particulars of which licences are set forth in the Schedule hereto.

SCHEDULE

Structure Date of Licence Gazette Reference of Licence
Wharf .. 1 November 1950.. 9 November 1950, page 1953
Slipway . 4 July 1951 . 12 July 1951, page 978
Jetty ... 9 January 1956 . 19 January 1956, page 34
Jetty ... 31 January 1956 . 16 February 1956, page 188
Jetty ... 31 January 1956 . 16 February 1956, page 189

T. J. SHERRARD, Clerk of the Executive Council. (M. 4/4483)

Revoking Order in Council Granting Control of Part of the Foreshore at Karitane, Block XII, Waikouaiti Survey District, to Trustees

H. E. BARROWCLOUGH, Administrator of the Government ORDER IN COUNCIL

At the Government House at Wellington this 19th day of September 1962
Present:

His Excellency The Administrator of the Government in Council

Pursuant to the Harbours Act 1950, His Excellency the Administrator of the Government, acting by and with the advice and consent of the Executive Council, and with the consent of the trustees, hereby revokes the Order in Council of the 29th day of May 1946,* as amended by Orders in Council of 22 May 1957† and of 15 June 1960‡, granting control to trustees for the fishermen of the district of a part of the foreshore at Karitane, as shown edged red on plan marked M.D. 8491 and deposited in the office of the Marine Department at Wellington.

T. J. SHERRARD, Clerk of the Executive Council.
*Gazette, 6 June 1946, p. 765
†Gazette, 30 May 1957, p. 1083
‡Gazette, 23 June 1960, p. 825

(M. 4/1231, 4/3578)

Authorising the Whangarei Harbour Board to Reclaim Land at Marsden Point, Whangarei Harbour

H. E. BARROWCLOUGH, Administrator of the Government ORDER IN COUNCIL

At the Government House at Wellington this 19th day of September 1962
Present:

His Excellency The Administrator of the Government in Council

Pursuant to section 175 of the Harbours Act 1950, His Excellency the Administrator of the Government, acting by and with the advice and consent of the Executive Council, hereby authorises the Whangarei Harbour Board to reclaim from the bed of the Whangarei Harbour at Marsden Point the land coloured blue on plan marked M.D. 11354 and deposited in the office of the Marine Department at Wellington.

T. J. SHERRARD, Clerk of the Executive Council. (M. 4/5140)

B

Granting Control of Parts of the Foreshore at Kaikoura to the Kaikoura County Council

H. E. BARROWCLOUGH, Administrator of the Government ORDER IN COUNCIL

At the Government House at Wellington this 19th day of September 1962
Present:

His Excellency The Administrator of the Government in Council

Pursuant to section 165 of the Harbours Act 1950, His Excellency the Administrator of the Government, acting by and with the advice and consent of the Executive Council, hereby grants to the Kaikoura County Council (hereinafter called the Council) control of parts of the foreshore as described in the First Schedule hereto, subject to the terms and conditions set forth in the Second Schedule hereto.

FIRST SCHEDULE

DESCRIPTION OF AREA

All that area of foreshore adjoining the mean high water mark of the South Pacific Ocean commencing at the south-western boundary of Section 39, Block XI, Mount Fyffe Survey District, and proceeding generally westerly, northerly, and north-westerly along the said mean high water mark to the production of the south-western boundary of Section 1 of 267, Kaikoura Suburban Registration District, in Block XI, Mount Fyffe Survey District.

Also all that area of foreshore adjoining the mean high water mark of the South Pacific Ocean, commencing on the southern side of the mouth of Lyell Creek in line with the northern boundary of Section 418, Town of Kaikoura, in Block XI, Mount Fyffe Survey District, and proceeding south-easterly along the said mean high water mark to a point in line with the south-eastern side of Ramsgate Street, Town of Kaikoura.

Also all that area of foreshore adjoining the mean high water mark of the South Pacific Ocean, commencing at a point on the said mean high water mark due north of the western corner of Section 417, Town of Kaikoura, and proceeding generally easterly, south-easterly, south-westerly, and north-westerly along the said mean high water mark of the South Pacific Ocean to the north-eastern boundary of Section 39, Block XI, Mount Fyffe Survey District, excluding therefrom that area of foreshore lying within Section 369, Town of Kaikoura, in Block XI, Mount Fyffe Survey District.

As the same are more particularly delineated on the plan marked M.D. 11352, deposited in the Marine Department at Wellington, and thereon bordered red.

SECOND SCHEDULE

CONDITIONS

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.
“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 described in the First Schedule hereto.

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 into, over, and out of the said foreshore without payment.

4. Nothing herein contained shall authorise 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 1950 or its amendments, or any regulations made thereunder, 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, subject to the provisions of sections 176 to 182 of the Harbours Act 1950,—

(a) Erect or license or permit the erection or continuance on the foreshore described in the First Schedule hereto, or on the bed of the harbour or of the sea immediately contiguous to that foreshore, of baths, bathhouses, boat sheds, boat-building sheds, jetties, slipways, or, with the approval of the Minister, any structures relating to the convenience of shipping or of the public or to any local enterprise or object: