2 APRIL
THE NEW ZEALAND GAZETTE
609

SCHEDULE

1. Area, 3 roods 6.4 perches; edged red on S.O. Plan 44242, now numbered M.D. 13249; reclaimed by authority of Order in Council of 18 August 1965*.

2. Area, 1 acre 2 roods 19.3 perches; edged red on S.O. Plan 44241, now numbered M.D. 13250; reclaimed by authority of Order in Council of 16 May 1962†.

The District Land Registrar is hereby authorised to make such entries in his register as are necessary to give effect to this order.

P. J. BROOKS, Clerk of the Executive Council.

*Gazette, 26 August 1965, p. 1370

†Gazette, 31 May 1962, p. 852

(M. 43/13/6/2, 54/10/116)

The Waitara Harbour Order 1969

ARTHUR PORRITT, Governor-General

ORDER IN COUNCIL

At the Government House at Wellington this 24th day of March 1969

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL

PURSUANT to sections 8A and 165 of the Harbours Act 1950, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, and, in relation to clause 3 (b) of this order, on the request of Waitara Borough Council, hereby makes the following order.

ORDER

1. (1) This order may be cited as the Waitara Harbour Order 1969.

(2) This order shall come into force on the date of its publication in the Gazette.

2. In this order—

“The Act” means the Harbours Act 1950:

“The Council” means the Waitara Borough Council:

“Foreshore” means such parts of the bed, shore, or banks of a tidal water as are covered and uncovered by the ebb and flow of the tide at ordinary spring tides:

“Minister” means the Minister of Marine, and includes any officer, person, or authority acting by or under the direction or authority of the Minister.

3. There is hereby granted to the Council for a period of 21 years from the commencement of this order, subject to the provisions of sections 8A and 165 of the Act and to the conditions specified in the Third Schedule to this Order,—

(a) the control of the foreshore described in the First Schedule to this order:

(b) the control of the waters specified in the Second Schedule to this order.

SCHEDULES

FIRST SCHEDULE—FORESHORES

ALL those parts of the foreshore of the Waitara River within the boundary of the Borough of Waitara and all those parts of the foreshore of the sea fronting the Borough of Waitara.

SECOND SCHEDULE—WATERS

ALL that area of water in the Waitara River having as its inner limits the boundary of the Borough of Waitara and having as its outer limits a right line drawn between the seawards ends of the training walls.

THIRD SCHEDULE—CONDITIONS

1. 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 described in the First and Second Schedules to this order, without payment.

2. 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.

3. 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 area of foreshore described in the First Schedule to this order.

4. The Council may enclose any part or parts of the foreshore described in the First Schedule to this order 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.

5. 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.

6. Subject to the provisions of section 8A of the Act, the Council for and within the area of waters described in the Second Schedule to this order—

(a) may by bylaw do anything which a harbour board may do by bylaw under section 232 of the Act, and

(b) may appoint harbourmasters and or officers and define or limit their powers or duties.

7. 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 6 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.

P. J. BROOKS, Clerk of the Executive Council.

(M. 43/72/3)

Defining the Limits of the Harbour of Porirua

ARTHUR PORRITT, Governor-General

ORDER IN COUNCIL

At the Government House at Wellington this 24th day of March 1969

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL

PURSUANT to section 3 of the Harbours Act 1950, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby defines the harbour of Porirua as being all that area of water bounded by the line of mean high-water spring tides and having as its seaward limit the arc of a circle commencing from the landward boundary of the foreshore of Rocky Bay and thence into Cook Strait and thence to the landward boundary of the foreshore of the coast northwards of Te Rewarewa Point, such arc being the arc of a circle of 1.75 nautical miles radius centred at peg XXIV, Lot 23, D.P. 2093, Block 8, Paekakariki S.D.

P. J. BROOKS, Clerk of the Executive Council.

(M. 43/56/4)

Authorising Otago Harbour Board to Reclaim Endowment Foreshore and Seabed at Observation Point, Port Chalmers

ARTHUR PORRITT, Governor-General

ORDER IN COUNCIL

At the Government Buildings at Wellington this 21st day of January 1969

Present:

THE RIGHT HON. J. R. MARSHALL PRESIDING IN COUNCIL

PURSUANT to section 185 of the Harbours Act 1950, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby authorises the Otago Harbour Board to reclaim from Port Chalmers, at Observation Point, an area of 3.5 acres, more or less, of endowment foreshore and seabed, as shown, edged red, on plan marked M.D. 13130 and deposited in the office of the Marine Department at Wellington, provided that the construction of the reclamation is carried out in accordance with the said plan M.D. 13130 and in the manner prescribed by the said Act; the works authorised by this order to be completed within a period of 3 years from the date of this order.

P. J. BROOKS, Clerk of the Executive Council.

(M. 43/10/6/4)