No. 224 5483

THE NEW ZEALAND GAZETTE

Published by Authority

WELLINGTON: THURSDAY, 5 DECEMBER 1985

The Tomahawk Beach Foreshore Control Order 1985

PAUL REEVES, Governor-General

ORDER IN COUNCIL

At the Government House at Wellington this 25th day of November 1985

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 makes the following order.

ORDER

1. Title of commencement—(1) This order may be cited as the Tomahawk Beach Foreshore Control Order 1985.
   (2) This order shall come into force on the 1st day of December 1985.

2. Interpretation—In this order—
   "The Act" means the Harbour Act 1950:
   "The Council" means the Dunedin City Council constituted under the Local Government Act 1974:
   "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.

3. Grant of Control—There is hereby granted to the Council for a period of 21 years from the 1st day of December 1985 and ending with the 30th day of November 2006 control of the foreshore described in the Schedule to this order.

4. Conditions of Grant—The grant of control conferred by clause 3 of this order is subject to the following conditions—
   (a) Suitably worded signs shall be erected at main public access ways to the foreshore described in the Schedule to this order indicating that control of the foreshore has been granted to the Council pursuant to section 165 of the Act.
   (b) All money received by the Council in the performance or exercise of the functions, duties, or powers conferred on it by this order in respect of the foreshore to which this order applies, shall, after the deduction of any expenditure incurred by the Council in the performance or exercise of those functions, duties, or powers, be applied to the construction, repair or improvement of facilities in respect of that foreshore and not otherwise.

5. Revocation—The Order in Council of 28 February 1972 granting control of the area described in the following Schedule to the Ocean Grove Domain Board is hereby revoked.

SCHEDULE

That portion of the foreshore at Tomahawk Beach, Otago Peninsula, commencing at the mouth of the Tomahawk Creek and extending generally westwards to the outlet of the Tomahawk Lagoon, as shown, shaded dark brown, on Plan M.D. 6873, and also that portion of foreshore at Tomahawk Beach west of the outlet of the Tomahawk Lagoon, as shown, edged yellow, on Plan M.D. 9166, such plans being deposited in the office of the Secretary for Transport at Wellington.

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

(M.O.T. 54/14/16)

Appointments, Promotions, Extensions, Transfers, Resignations, and Retirements of Officers of the New Zealand Army

Pursuant to section 35 of the Defence Act 1971, His Excellency the Governor-General has approved the following appointments, promotions, extensions, transfers, resignations, and retirements of officers of the New Zealand Army.

REGULAR FORCE

Royal Regiment of N.Z. Artillery

Major David Thomas Weston is transferred to the Army Reserve, General List of Officers, in his present rank with effect from 1 October 1985.

Royal N.Z. Armoured Corps

Lieutenant Colonel (acting Colonel) B. D. Chippindale is re-engaged until 27 April 1986.
Captain (acting Major) and Quartermaster R. Ballance to be temp. Major and Quartermaster with effect from 1 October 1985.

Supernumerary List

The engagement of Captain Y. M. Hall is extended to 30 June 1986.

The Corps of Royal N.Z. Engineers

Captain and Quartermaster J. W. Lock is re-engaged until 24 June 1988.