3 MAY

THE NEW ZEALAND GAZETTE

1383

3. There is hereby granted to the authority 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 Second Schedule to this order, the control of the foreshore, waters, and sea bed as described in the First Schedule to this order.

FIRST SCHEDULE

All those areas of foreshore, sea bed, and waters adjacent to the Tawharanui Peninsula on the east coast of the County of Rodney, bounded by a line commencing at mean high water at Pukenihinihi Point and proceeding due north for a distance of 800 metres, thence proceeding initially in a south east direction and continuing along a line 800 metres from mean high-water mark ordinary spring tide until it reaches a line drawn due north from the unnamed prominent point approximately at the 174° 52' East meridian, thence due south along that line until it reaches a distance of 200 metres from mean high-water mark thence proceeding initially in a south easterly direction and continuing along the line to 200 metres from mean high-water mark ordinary spring tide until it meets a line drawn due south from Matatua Point thence due north along that line to mean high-water mark ordinary spring tide at Matatua Point, thence along mean high-water mark ordinary spring tide, initially in a north eastward direction and proceeding along that mark to the point of commencement, as more particularly shown on plan numbered MD 15939, and deposited in the office of the Ministry of Transport at Wellington.

SECOND 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 areas described in the First Schedule to this order without payment.

2. Nothing herein contained shall authorise the authority to do or cause to be done anything repugnant to or inconsistent with any law relating to the customs or with any regulations made thereunder that are or may hereafter be enforced.

3. The rights, powers, and privileges conferred by this order in council shall not apply to those portions of the foreshore and sea bed required for the securing of the shore end of any telegraph cables that are at present or may be at any time laid down within the area described in the First Schedule to this order.

4. The authority may enclose any part or parts of the areas described in the First Schedule to this order for the purpose of holding athletic sports or games or may by resolution 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 authority to remove or cause to be removed any stone, sand, shingle, or shells without the consent of the Minister first being obtained.

6. Suitably worded signs shall be erected at main public access ways to the foreshore, sea bed and waters as described in the First Schedule to this order indicating that control has been granted to the authority pursuant to sections 8A and 165 of the Act and that bylaws are in force.

7. Subject to the provisions of section 8A of the Act, the authority for and within the area of water described in the First Schedule to this order:

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

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

8. All money received by the authority in respect of the Tawharanui Peninsula in exercise or performance of the powers, functions, duties, and authorities conferred on it by this order, shall, subject to the deduction of any expenditure incurred by the authority in exercise of performance of those powers, functions, duties, and authority may be applied to the improvement of facilities in or in respect of the reserve and not otherwise.

9. 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 authority 6 calendar months’ notice in writing. Any such notice shall be given by the Minister and delivered at or posted to the last known address of the authority in New Zealand.

P. G. MILLEN, Clerk of the Executive Council.

(M.O.T. H.O. 54/14/83)

Amending the Rodney County Foreshore and Waters Control Order 1975

KEITH HOLYOAKE, Governor-General

ORDER IN COUNCIL

At the Government Buildings at Wellington this 17th day of April 1979

Present:

THE RT. HON. R. D. MULDOON PRESIDING 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, hereby amends the Rodney County Foreshore and Waters Control Order 1975, by inserting in Clause (a) of the Third Schedule to the Order, after the phrase “excepting thereout foreshores within Mangawhai Harbour limits”, the following phrase: “and the foreshore adjacent to Tawharanui Peninsula from a point commencing at high water ordinary spring tide at Pukenihinihi Point thence proceeding generally easterly, southerly, and westerly around Tawharanui Peninsula to a point at the high water ordinary spring tide marks at Matatua Point.” The said Rodney County Foreshore and Waters Control Order 1975 is hereby further amended by inserting in Clause (a) of the Fourth Schedule to the order, after the phrase “thence in a north-westerly direction to the nearest point of land”, the phrase: “excepting thereout all those waters within 200 yards of the waters edge commencing on the line of high water ordinary spring tide at Pukenihinihi Point thence proceeding, generally, easterly and southerly and westerly around Tawharanui Peninsula to the line drawn due south from Matatua Point”.

P. G. MILLEN, Clerk of the Executive Council.

(M.O.T. H.O. 54/14/44)

Declaring an Access Way to be Vested in and be Under the Control and Management of the Manukau City Council

KEITH HOLYOAKE, Governor-General

ORDER IN COUNCIL

At the Government Buildings at Wellington this 17th day of April 1979

Present:

THE RIGHT HON. R. D. MULDOON PRESIDING IN COUNCIL

PURSUANT to section 11 of the Housing Act 1955, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby orders and declares that the access way described in the Schedule hereto shall, on and after the date of this Order in Council, vest in and be under the control and management of the Manukau City Council.

SCHEDULE

NORTH AUCKLAND LAND DISTRICT

All that access way situated in the City of Manukau containing 6.7 perches, being Lot 245, D.P. 68248.

P. G. MILLEN, Clerk of the Executive Council.

(P.W. 54/778/121; Ak. D.O. 15/6/0)

Declaring an Access Way to be Vested in and to be Under the Control and Management of the Manukau City Council

KEITH HOLYOAKE, Governor-General

ORDER IN COUNCIL

At the Government Buildings at Wellington this 9th day of April 1979

Present:

THE RIGHT HON. R. D. MULDOON PRESIDING IN COUNCIL

PURSUANT to section 11 of the Housing Act 1955, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council hereby orders