23 MARCH

ORDER

1. (1) This order may be cited as the Taranaki Agricultural
   and Pastoral Society Authorisation Order 1972.
   (2) This order shall come into force on the day after the
   date of its notification in the Gazette.

2. The Taranaki Agricultural and Pastoral Society, duly
   incorporated under the Agricultural and Pastoral Societies Act
   1908, is hereby authorised to sell those lands derived from
   the Crown set out in the Schedule to this order.

TARANAKI LAND DISTRICT

All that parcel of land being an estate in fee simple containing
1.09 perches, more or less, being Lot 1 on D.P. 10470,
and being part St. Germain’s Square, Town of New Plymouth,
and part of the land comprised and described in certificate
of title, Volume 111, folio 223, Taranaki Land Registry, subject
to Order in Council No. 13, and subject to Taranaki Trust
Ordinance 1875.

J. M. K. HILL, for Clerk of the Executive Council.

Authorising the Gisborne Harbour Board to Reclaim Tidal
Land at Taruheru River, Gisborne

ARTHUR PORRITT, Governor-General
ORDER IN COUNCIL

At the Government Buildings at Wellington this 13th day of
March 1972
Present:

THE RIGHT HON. J. R. MARSHALL PRESIDING IN COUNCIL
PURSUANT to section 175 (3) 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 Gisborne Harbour Board to reclaim from the Taruheru
River at Gisborne an area of 2 acres 2 roods 8.4 perches,
more or less, of endowment land, as shown edged in red on
plan M.D. 14534 (S.O. 6087) and deposited in the office of
the Marine Department at Wellington.

P. J. BROOKS, Clerk of the Executive Council.
(M. 43/2/6/4)

Granting Control of Part of the Foreshore of Bay of Plenty
to the Ohope Domain Board

ARTHUR PORRITT, Governor-General
ORDER IN COUNCIL

At the Government Buildings at Wellington this 6th day
of March 1972
Present:

THE RIGHT HON. J. R. MARSHALL PRESIDING 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 Ohope Domain Board (hereinafter called the Board)
control 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 being that portion of the foreshore of the
Bay of Plenty between the northern headland of Otawairere
Bay and the easternmost extremity of the Ohope Land
Spit, being a point on the western shore of the entrance
to the Ohiwa Harbour.

As the same is more particularly delineated on the plan
marked M.D. 9070 deposited in the Head Office of the
Marine Department at Wellington, and thereon edged 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 Board
   to do or cause to be done anything repugnant to or
   inconsistent with any law relating to the Customs, or with
   any provision of the Harbours Act 1950 or its amendments,
   or any regulations made thereunder that are or may here-
   after be in force.

5. The rights, powers, and privileges conferred by the
   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 Board may make such bylaws as are necessary
   for the proper preservation and control of the said fore-
   shore and for the proper conduct and clothing of persons
   bathing on that foreshore or in the vicinity of that foreshore.

7. The Board 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 con-
   dition and the use for any purpose approved
   pursuant to clause (b) of this condition, and
   fixing charges for these uses.

Provided that the Board 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 Board 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 6 in any 1 year.

9. Nothing herein contained shall authorise the Board
   to remove or cause to be removed any stone, sand, shingle,
   boulders, silt, mud, or other material from the foreshore,
   without the consent of the Minister being first obtained.

10. 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.

11. The rights, powers, and privileges conferred by or
    under this Order in Council shall be in force for 21 years
    from the 5th day of July 1971, unless in the meantime
    such rights, powers, and privileges shall be altered, modified,
    or revoked by competent authority.

12. 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 Board
    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 Board in New
    Zealand.

J. M. K. HILL for Clerk of the Executive Council.
(M. 54/14/58)