234
THE NEW ZEALAND GAZETTE
No. 13
along the western side of that road line and the western side
of No. 5 State Highway; to a point in line with the southern
side of a road line in Tarawera No. 5A Block situated in
Block XI, Tarawera Survey District; thence proceeding easterly
across the afore-mentioned No. 5 State Highway, the southern
side of that road line and its production, to the middle of
the Waipunga River; thence down the middle of that river
to the middle of the Mohaka River; thence up the middle of
that river to a point, being a production of a right line between
Trig. Stations 68A in Block XIII, Kaweka Survey District, and
65A in Block XXI, Kaweka Survey District; thence south-
westerly along that right line to Trig. Station 65A aforesaid;
thence westerly along a right line between Trig. Stations 26
(Tauwhaketewhango) and 65A to the point of commencement.
T. J. SHERRARD, Clerk of the Executive Council.
Granting Control of Part of the Foreshore at Kawhia to the
Otorohanga County Council
BERNARD FERGUSSON, Governor-General
ORDER IN COUNCIL
At the Government House at Wellington this 13th day
of February 1963
Present:
His Excellency THE GOVERNOR-GENERAL IN COUNCIL
PURSUANT to section 165 of 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 Otorohanga County Council (hereinafter called the
Council) control of part 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
THAT portion of the foreshore of the Kawhia Harbour in
the South Auckland Land District, Otorohanga County, as
shown on N.Z.M.S. 1, Sheet N. 73, commencing at Tauratahi
in Block IX, Kawhia North Survey District, Grid Reference
310107, and extending north-easterly to a point on the said
foreshore in Block X, Kawhia Survey District, Grid Reference
355140.
As the same is more particularly delineated on the plan
marked M.D. 11456 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 tele-
   graph 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 contigu-
   ous 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 fore-
   shore 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 stones, 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 for 21 years from the
    day following the date of its notification in the Gazette,
    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' 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. 4/5292)
    Government Railways Appeal Board--Appointment of
    Chairman
    BERNARD FERGUSSON, Governor-General
    PURSUANT to section 91 of the Government Railways Act 1949,
    I, Brigadier Sir Bernard Edward Fergusson, the Governor-
    General of New Zealand, hereby appoint as a member and
    as Chairman of the Government Railways Appeal Board
    Raymond Ferner,
    of Christchurch, to hold office from and including the 1st
    day of February 1963 to and including the 31st day of January

12. As witness the hand of His Excellency the Governor-
    General this 11th day of February 1963.
    JOHN McALPINE, Minister of Railways.
    Appointments, Promotions, and Terminations of Appointment
    in the Royal New Zealand Navy
    His Excellency the Governor-General has, pursuant to the
    Navy Act 1954, approved the following appointments, pro-
    motions, and terminations of appointment in the Royal New
    Zealand Navy:
    Surgeon Captain E. S. McPhail, C.B.E., V.R.D., M.B., CH.B.
    (N.Z.), F.R.C.S.(EDIN.), Q.H.S., released (age), to date 24
    December 1962, and placed on the Retired List, to date 25
    December 1962.
    Commander W. N. Waite, LL.B., M.COM., promoted to rank
    of Captain and reappointed, to date 31 December 1962.
    Commander C. F. Cutts, to be placed on the Retired List
    (age) and to be re-employed on the Active List for 12 months
    from 7 February 1963.
    Surgeon Commander J. MacDonald, M.B., CH.B., granted the
    acting rank of Surgeon Captain whilst holding present appoint-
    ment, to date 19 December 1962.
    Lieutenant Commander G. B. W. Johnson, advanced to
    Assistant Surveyor, First Class, with seniority of 1 July 1962.
    Lieutenant Commander J. G. Williamson, promoted to
    rank of Commander and reappointed, to date 31 December

13. Surgeon Lieutenant Commander J. D. Read, M.B., CH.B.,
    granted the acting rank of Surgeon Commander whilst hold-
    ing present appointment, to date 19 December 1962.
    Engineer Lieutenant Commander G. Mitchell, M.B.E.,
    M.I.MAR.E., placed on the Retired List (age) and re-employed
    on the Active List for five years from 21 January 1963.
    Supply Lieutenant Commander P. E. N. Day, released (age),
    to date 28 December 1962, and placed on the Retired List,
    to date 29 December 1962.
    Lieutenant I. W. Munro, advanced to Assistant Surveyor,
    First Class, to date 1 July 1962.
    Lieutenant H. R. Hume, advanced to Assistant Surveyor,
    Third Class, to date 1 July 1962.
    Lieutenant A. McK. Graham, advanced to Assistant Sur-
    veyor, Third Class, to date 7 January 1963.
    Sub-Lieutenant R. C. C. Pearce, promoted to rank of Lieu-
    tenant and reappointed, to date 1 January 1963.
    Acting Sub-Lieutenant G. C. Wright, confirmed in rank,
    to date 1 February 1963.
    Acting Engineer Sub-Lieutenant R. Scarborough, confirmed
    in rank, to date 13 November 1962.
    Acting Sub-Lieutenant F. G. George, confirmed in rank,
    to date 22 November 1962.
    Alastair Nigel Sidney Stokes, B.D.S., N.Z., 828654, LSBA(D),
    entered in rank of Acting Surgeon Lieutenant (D), to date
    9 January 1963.
    Reginald Goddard, P/MX 857693, C.O.A., entered in the
    rank of Acting Engineer Sub-Lieutenant, to date 9 January

14. Clive Paul Charles Calkin, entered in the rank of Cadet,
    Supplementary List, to date 2 January 1963.
    Dated at Wellington this 7th day of February 1963.
    DEAN J. EYRE, Minister of Defence.