14 OCTOBER
THE NEW ZEALAND GAZETTE
1771

Road Closed in Block I, Manapouri Survey District, Wallace County

BERNARD FERGUSSON, Governor-General

A PROCLAMATION

PURSUANT to section 29 of the Public Works Amendment Act 1948, I, Brigadier Sir Bernard Edward Fergusson, Governor-General of New Zealand, hereby proclaim as closed the road described in the Schedule hereto.

———

SCHEDULE

SOUTHLAND LAND DISTRICT

ALL that piece of road containing 10 acres situated in Block I, Manapouri Survey District, adjoining Section 140; as the same is more particularly delineated on the plan marked M.O.W. 19785 (S.O. 7431), deposited in the office of the Minister of Works at Wellington, and thereon coloured green.

Given under the hand of His Excellency the Governor-General, and issued under the Seal of New Zealand, this 27th day of September 1965.

[L.S.]
PERCY B. ALLEN, Minister of Works.
GOD SAVE THE QUEEN!

(P.W. 47/1554; D.O. 18/767/7431)

———

Revoking Part of a Proclamation Declaring Crown Land to be a Soil Conservation Reserve in Block XIV, Tekapo Survey District

BERNARD FERGUSSON, Governor-General

A PROCLAMATION

PURSUANT to the Public Works Act 1928, I, Brigadier Sir Bernard Edward Fergusson, the Governor-General of New Zealand, hereby revoke the Proclamation dated the 11th day of April 1963 and published in Gazette, 18 April 1963, Volume I, page 519, proclaiming and declaring Crown land in Block XIV, Tekapo Survey District, to be a soil conservation reserve, in so far as it affects the land described in the Schedule hereto.

———

SCHEDULE

CANTERBURY LAND DISTRICT

ALL that piece of land containing 11 acres 3 roods 9·6 perches situated in Block XIV, Tekapo Survey District, Canterbury R.D., being part Run 270.

As the same is more particularly delineated on the plan marked M.O.W. 5294 (S.O. 9740), deposited in the office of the Minister of Works at Wellington, and thereon coloured blue, edged blue.

Given under the hand of His Excellency the Governor-General, and issued under the Seal of New Zealand, this 15th day of September 1965.

[L.S.]
PERCY B. ALLEN, Minister of Works.
GOD SAVE THE QUEEN!

(P.W. 92/12/44/6; D.O. 96/711390/1)

———

Granting Control of the Foreshore and Waters of Tairua Harbour to the Thames County Council

BERNARD FERGUSSON, Governor-General

ORDER IN COUNCIL

At the Government House at Wellington this 6th day of October 1965

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL

PURSUANT to sections 8 (a) and 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 Thames County Council (hereinafter called the Council) control of the foreshore as described in the First Schedule hereto and the control of the waters as described in the Second Schedule hereto, subject to the terms and conditions set forth in the Third Schedule hereto.

———

FIRST SCHEDULE

DESCRIPTION OF AREA OF FORESHORE

ALL those parts of the foreshore situated in or adjacent to Blocks X, XIII, and XIV, Whitianga Survey District, in the Tairua Riding of the Thames County, as follows: Commencing at a point on the mean high-water mark in Block X, Whitianga Survey District, being the northernmost part of Royal Billy Point, and proceeding generally south-westerly along the line of mean high water of the Tairua Harbour to a point in line with the south-western boundary of Section 2, Block XIV, Whitianga Survey District; thence north-westerly along a right line to the intersection of the production south-easterly of the south-western boundary of Section 14, Block XII, Whitianga Survey District, with the line of mean high water aforesaid; thence generally north-easterly and generally south-easterly along that line of mean high water to the southernmost corner of Lot 305, D.P. S. 8978; as the same is shown on plan marked M.D. 12118 and deposited in the office of the Marine Department at Wellington.

———

SECOND SCHEDULE

DESCRIPTION OF WATERS

ALL that area in the South Auckland Land District, Thames County, bounded by a line commencing at a point on the mean high-water mark in Block X, Whitianga Survey District, being the northernmost part of Royal Billy Point, and proceeding generally south-westerly along the line of mean high water of the Tairua Harbour to a point in line with the south-western boundary of Section 2, Block XVI, Whitianga Survey District; thence north-westerly along a right line to the intersection of the production south-easterly of the south-western boundary of Section 14, Block XII, Whitianga Survey District, with the line of mean high water aforesaid; thence generally north-easterly and generally south-easterly along that line of mean high water to the southernmost corner of Lot 305, D.P. S. 8978; thence south-westerly along a right line to the point of commencement; as the same is shown on plan marked M.D. 12118 and deposited in the office of the Marine Department at Wellington.

———

THIRD 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;

“Act” means the Harbours Act 1950;

“Council” means the Thames County Council.

2. The concessions and privileges conferred by this Order in Council shall extend and apply only to those parts of the foreshore and waters as described in the First and Second Schedules 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 and waters 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 make such bylaws as are necessary for the proper preservation and control of the said foreshore and for the proper conduct and clothing of persons bathing on that foreshore or in the vicinity of that foreshore.

7. 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, boatbuilding 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.

Provided that the Council shall not erect or grant a licence or permit for the erection or continuance of any structures on foreshore adjoining land under the control of a National Park Board or Scenic Board or Domain Board except with the consent of such Board.

8. 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.

9. 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.

10. Subject to the provisions of section 8 (a) of the Act, the Council for and within the area of waters described in the Second Schedule hereto—