1930
THE NEW ZEALAND GAZETTE.
[No. 47

If on such testing and inspection the officer discovers a leakage from the consumer’s wires exceeding one ten-thousandth part of the maximum supply current to the premises, or that the requirements of this license are not properly conformed to, or if the consumer does not give all due facilities for inspection and testing, the said Council shall forthwith discontinue the supply of energy to the premises in question, giving immediate notice of the discontinuance to the consumer, and shall not recommend the supply until it is reasonably satisfied that the leakage has been removed and that the installation is in conformity with these regulations.

42. If any consumer is dissatisfied with the action of the said Council in refusing to give, or in discontinuing, or in not recommending the supply of energy to his premises, the wires and fittings of that consumer may, on his application to the Minister, and on payment of the cost of such inspection, be inspected and tested for the existence of leakage by the Inspecting Engineer.

This provision shall be indorsed on every notice given under the provisions of either of the two last preceding clauses hereof (Nos. 40 and 41).

43. From and after the time when the said Council commences to supply energy through any distributing-main it shall, during such portion of each day as it from time to time determines, maintain sufficient power for the use of all the consumers for the time being entitled to be supplied from such main; provided that, for any purposes connected with the efficient working of the undertaking, the Minister may give permission to the said Council to discontinue the supply at such intervals of time and for such periods as he thinks expedient. When the supply is so discontinued, public notice shall be given, when practicable, of such discontinuance, and of the probable duration thereof.

44. The variation of pressure at any consumer’s terminals shall not under any conditions exceed 4 per cent. above or below the normal pressure at which he is being supplied.

45. The construction of the works hereby authorized shall be substantially commenced on or before the 1st day of July, 1913, and shall be completed on or before the 1st day of July, 1914.

46. The said Council shall, prior to the completion of the said works, give to the Minister at least one month’s notice in writing of the estimated date of such completion.

47. The said Council shall not use the said electric lines, or permit the same to be used, for any purposes until the Minister has given notice in writing to the Council that he has received from the Inspecting Engineer a certificate that the works have been satisfactorily carried out.

48. The Minister may at any time order an inspection to be made of the works, lines, and wires used by the said Council for electric lighting and power purposes. If any defect is found to exist it must be remedied forthwith, and, if serious in the opinion of the Inspecting Engineer, the Minister may, on receipt of his report, direct the Council to at once cease transmitting energy either over the whole of its lines and wires or over any part thereof, as to him may seem fit, until such defect is repaired or remedied. The cost of such inspections shall be borne by the Council.

49. After the supply of energy has been begun, not less than fourteen days’ notice in writing shall be given to the Resident Engineer of Public Works at Invercargill, or such other officer as the Minister from time to time directs, of each further extension that the said Council is about to make.

50. The said Council shall, upon receipt of an application from the occupier of any premises within 60 ft. of any of the Council’s electric lines, supply such premises with electrical energy on the same terms on which any other consumer is entitled under similar circumstances to a corresponding supply, provided that the Council’s plant is of sufficient power to supply the electrical energy required by such occupier.

51. If the said Council makes default in complying with any of the provisions of this license it shall be liable to a penalty not exceeding £20 for every such default, to be recoverable by any person authorized by the Minister in that behalf as a debt due to the Crown; but the said Council shall not be held to have committed default for any failure to maintain power during the hours that it shall have determined to supply energy if such failure is due to the breakdown of machinery or other accident, unless such breakdown or accident shall be proved to be due to negligence on the part of the said Council.

52. The recovery of a penalty under this license shall not affect the liability, if any, of the said Council to make compensation in respect of any damage or injury which may be caused by reason of the default.

J. F. ANDREWS,
Clerk of the Executive Council.

Licensing the Hobson County Council to use and occupy a Part of the Foreshore at Mapuna, in Kaipara Harbour, as a Site for a Wharf.

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twelfth day of June, 1913.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned under the Harbours Act, 1908 (hereinafter called “the said Act”), the Hobson County Council (hereinafter called “the Council”) has applied to the Governor in Council for a license under the said Act to occupy a part of the foreshore and land below low-water mark at Mapuna, in Kaipara Harbour, in order to erect and maintain a wharf thereon; and, in accordance with the one-hundred-and-fiftieth section of the said Act, has deposited a plan in the office of the Marine Department, at Wellington (marked M.D. 4052), showing the area of foreshore and land below low-water mark intended to be occupied, and the manner in which it is proposed to erect the said wharf: And whereas it has been made to appear to the Governor in Council that the proposed work will not be or tend to the injury of navigation, and the said plans have, prior to the making of this Order in Council, been approved by the Governor in Council: And whereas it is expedient that a license should be granted and issued to the Council under the said Act for the purpose last aforesaid, on the terms and conditions hereinafter expressed:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the power and authority vested in him by the said Act, and of all other powers and authorities enabling him in that behalf, and by and with the advice and consent of the Executive Council of the said Dominion, doth hereby approve of the object for which the said license is required by the Council as aforesaid; and, in further pursuance and exercise of the said power and authority, and with the like advice and consent as aforesaid, doth hereby license and permit the Council to use and occupy that part of the foreshore and land below low-water mark on which the said wharf is to be erected, as shown on the plan M.D. 4052 so deposited as aforesaid, for the purpose of erecting and maintaining the said wharf; such license to be held and enjoyed by the Council upon and subject to the terms and conditions set forth in the Schedule hereto.

SCHEDULE.

1. In these conditions the term “Minister” means the Minister of Marine as defined by the Shipping and Seamen Act, 1908, 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 the part of the foreshore and land below low-water mark adjacent thereto, necessary for the erection of the said wharf, as shown on the plan marked M.D. 4052.

3. All persons shall, at all reasonable times, upon payment of the proper dues, have free and full liberty to use the said wharf, and all rights of ingress and egress thereon and therefrom.

4. His Majesty or the Governor, 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, through, and out of the said wharf without payment.

5. The Council shall maintain the above-mentioned wharf in good order and repair; and shall at all times exhibit from the wharf and maintain at its own cost suitable and necessary lights for the guidance of vessels; provided that no light shall be exhibited until after it has been approved of by the Minister.

6. Any person authorized by the Minister may, at all reasonable times, enter upon the said wharf and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the Council in New Zealand a notice in writing of any defect or want of repair in such wharf, requiring it within a reasonable time, to be therein prescribed, to repair the same, it shall with all convenient speed cause such defect to be removed or such repairs to be made.

7. Nothing herein contained shall authorize the Council to do or cause to be done anything repugnant to or inconsistent with any law relating to the Customs, or any regulation of the Minister of Customs, or with any provisions of the Harbours Act, 1908, or its amendments, or any regulations made thereunder, and that are now or may hereafter be in force.