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, boatsheds, 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:

(b) Use or license or permit the use of the foreshore described in the First Schedule hereto, or the bed of the harbour or of the sea immediately contiguous to that foreshore, for any purpose approved by the Minister relating to the convenience of shipping or of the public or to any local enterprise or object:

(c) Make bylaws regulating the use of any things erected or continued pursuant to clause (a) of this condition and the use for any purpose approved pursuant to clause (b) of this condition, and fixing charges for those uses.

7.The Council may enclose any part or parts of the foreshore described in the First Schedule hereto for the purpose of holding athletic sports or games, and may by bylaw 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 authorise 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.Bylaws made by the Council under the authority of this Order in Council shall not come into force until they have been approved by the Minister, by notice in the Gazette.

10.The rights, powers, and privileges conferred by or under this Order in Council shall be in force from the day following the date of its notification in the Gazette until the 10th day of March 1979 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 whatsoever, 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. 4/1615)

SCHEDULE

SOUTH AUCKLAND LAND DISTRICT

All those pieces of road situated in Block IV, Pirongia Survey District, Auckland R.D., described as follows:

A. R. P. Adjoining or passing through

0 2 2·7 Sections 24, 37, and 38, Town of Pirongia West; coloured green, edged green, on plan.

2 1 39·9 Sections 3, 4, 7, 7A, 11, 12, 13, 14, 15, 16, 18, 19, 20, 25, 31, 32, 331, 332, 333, and parts Section 336, Town of Pirongia West; coloured green on plan.

As the same are more particularly delineated on the plan marked M.O.W. 6483 (S.O. 41128) deposited in the office of the Minister of Works at Wellington, and thereon coloured as above mentioned.

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

(P.W. 34/3847; D.O. 20/7/19)

Declaring Land in Block X, Christchurch Survey District, Waimairi County, to be a Service Lane

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

At the Government House at Wellington this 7th day of November 1962

Present:

His Excellency The Administrator of the Government in Council

Pursuant to section 3 of the Public Works Amendment Act 1948, His Excellency the Administrator of the Government, acting by and with the advice and consent of the Executive Council, hereby declares the land described in the Schedule hereto to be a service lane for the purposes of Part I of that Act.

SCHEDULE

CANTERBURY LAND DISTRICT

All that piece of land containing 8·1 perches situated in Block X, Christchurch Survey District, Canterbury R.D., being part Lots 7 to 10 (inclusive), D.P. 18778, being part Rural Section 12; as the same is more particularly delineated on the plan marked M.O.W. 6531 deposited in the office of the Minister of Works at Wellington, and thereon coloured orange.

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

(P.W. 54/778/39; D.O. 35/35)

Consenting to Stopping Road in Block VI, Oero Survey District, Patangata County

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

At the Government House at Wellington this 7th day of November 1962

Present:

His Excellency The Administrator of the Government in Council

Pursuant to section 149 of the Public Works Act 1928, His Excellency the Administrator of the Government, acting by and with the advice and consent of the Executive Council, hereby consents to the Patangata County Council stopping those portions of road described in the Schedule hereto.

SCHEDULE

HAWKE’S BAY LAND DISTRICT

All those portions of road situated in Block VI, Oero Survey District, Patangata County, Hawke’s Bay R.D., described as follows:

A. R. P. Adjoining or passing through

0 2 6·3 Part Lot 1, D.P. 3039, being part Block 11, Oero Crown Grant District.

0 0 6·2 Part Lot 1, D.P. 3039, and Lot 1, D.P. 9081, being part Block 11, Oero Crown Grant District.

0 0 19 Part Lot 1, D.P. 3039, being part Block 11, Oero Crown Grant District.

0 0 7 Part Makara Stream Bed.

0 0 16 Lot 2, D.P. 9535, being part Block 16, Oero Crown Grant District.

As the same are more particularly delineated on the plan marked M.O.W. 6480 (S.O. 3439) deposited in the office of the Minister of Works at Wellington, and thereon coloured green.

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

(P.W. 40/142; D.O. 16/80/2)

Consenting to Stopping Road in Block IV, Pirongia Survey District, Waipa County

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

At the Government House at Wellington this 7th day of November 1962

Present:

His Excellency The Administrator of the Government in Council

Pursuant to section 149 of the Public Works Act 1928, His Excellency the Administrator of the Government, acting by and with the advice and consent of the Executive Council, hereby consents to the Waipa County Council stopping the portions of road described in the Schedule hereto.