JULY 24.] THE NEW ZEALAND GAZETTE. 2255

inspecting and testing, the licensee shall either not commence
the supply or shall forthwith discontinue the supply of energy
to the premises in question, giving immediate notice to the
consumer of its reasons for not commencing or for discon-
tinuing the supply, and in either case supply shall not be given
until the licensee is reasonably satisfied that the installation
is in conformity with the requirements of this license.

If any consumer is dissatisfied with the action of the li-
censee 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, be inspected and tested
by the Inspecting Engineer.

43. From and after the time when the licensee commences
    to supply energy in pursuance of this license, it shall maintain
    continuously sufficient power for the use of all the consumers
    for the time being entitled to be supplied; provided also
    that, for any purposes connected with the efficient working
    of the undertaking, the Minister may give permission to the
    licensee to discontinue the supply at such intervals of time
    and for such periods as he, the Minister, may think expedient.
    When the supply is so discontinued public notice shall be
    given, when practicable, of such discontinuance and of the
    probable duration thereof.

44. Before proceeding to erect any electric lines herein
    authorized the licensee shall give a calendar month's notice
    in writing to the Resident Engineer of the Public Works
    Department at Whangarei, and to the Telegraph Engineer
    of the Post and Telegraph Department at Auckland of its
    intention so to do. Such notice shall be accompanied by a
    plan showing the location of the proposed electric lines.

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

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

47. Nothing herein shall be held to constitute a lease from
    the Crown of the bed of the said stream, nor shall the pro-
    visions of Part IX of the Property Law Act, 1908, apply to
    this license.

48. This license, and the benefits and obligations hereunder,
    shall not be assigned by the licensee without the express
    consent in writing of the Governor in Council first had and
    obtained: but such consent shall not be withheld if it be
    proved to the satisfaction of the Governor that the transferee
    is financially able and suitable to carry out the works specified
    in this license.

49. (a.) If the licensee fails or neglects to forward to the
    Minister the drawings and specifications of the works within,
    the time hereinbefore mentioned, or if the licensee fails or
    neglects to substantially commence the construction of the
    works hereinafter described within the time hereinbefore
    limited in that behalf, and with businesslike speed to carry on
    the work of such construction; or

(b.) If the licensee fails or neglects to complete the said
works within the time hereinbefore limited in that behalf; or

(c.) If the licensee fails or neglects to use and maintain the
said works after completion thereof, so as to secure to the
area of supply the full benefit of the undertaking; or

(d.) If the licensee fails to observe, perform, fulfil, or keep
any of the requirements, conditions, and provisions of the
Public Works Act, 1908, or its amendments to the full intent
of the same, or of any part thereof; or

(e.) If the licensee shall fail to observe any of the con-
ditions or obligations herein imposed upon the licensee, then
in any such case it shall be lawful for the Governor, by Order
Council, either to revoke this license or to impose upon the
licensee a fine not exceeding £100 for every week or part of
a week of such default, such fine to be recovered in any Court
of competent jurisdiction by any person appointed by the
Governor to recover same.

50. The powers of revocation or infliction of fines by this
    license vested in the Governor shall not be exercised unless
    and until the Governor has first caused to be given to the
    licensee, or left at its registered office, or placed upon some
    principal or conspicuous part of the works, a notice in writing
    of the intention to exercise the same, and of the specific
    breach or breaches in respect of which the aforesaid powers
    are intended to be exercised, and default has been made by
    the licensee (after the giving or leaving of such notice) in

repairing or remedying the breach complained of for the
following spaces of time:—

(a.) For any breach of the conditions of this license which,
in the opinion of the Governor, can be met by a
fine, thirty days after the giving or leaving of such
notice.

(b.) For any breach of the conditions of this license which,
in the opinion of the Governor, is of such a nature as
to require the revocation of this license, ninety days
after the giving or leaving of such notice.

51. The Governor shall be the sole judge of the fact
    whether the requirements of this license have been complied
    with, and he may from time to time cause inquiry to be
    made into any matter connected therewith or arising here-
    under in such manner as he thinks fit, and his decision shall
    be final; provided always that this clause shall not affect the
    rights of any person, corporate body, or local authority in
    cases of damage or injury for which an action by such person,
    corporate body, or local authority may lie against the licensee.

52. Nothing herein contained shall be deemed in any way
    to interfere with, affect, or abridge any rights or powers
    vested in His Majesty the King, or in the Governor on his
    behalf, or the Minister, or any other person under any Act
    of the General Assembly authorizing the construction, manage-
    ment, or working of any public works. Nor shall His Majesty,
    or the Governor, or the Minister, or any other person be liable
    to pay to the licensee any compensation for injury done to
    the works herein authorized by the construction, management,
    or working of any such public work as aforesaid, or for the
    loss occasioned thereby, or for the exercise of any such right
    or power as aforesaid.

53. This license shall be deemed to constitute a contract as
    between the licensee and His Majesty the King, and may be
    enforced as a contract by and against His said Majesty or the
    licensee accordingly.

FIRST SCHEDULE.

The area of supply referred to in the license shall com-
prise that part of the Auckland Provincial District bound
on the north by an imaginary line between the Whangaruru
Post-office and the Maunganui Bluff, and on the south by an
imaginary line between the Mangamai Post-office and the
Matakohe Post-office, extended in a direct line in both cases
to the sea, and on the east and west by the coast-line,
including Matakohe Island; as shown on the plan marked
P.W.D. 33476, deposited in the office of the Minister of
Public Works at Wellington.

SECOND SCHEDULE.

Memorandum of agreement dated this thirty-first day of
March, one thousand nine hundred and thirteen, between
Dominion Portland Cement Company (Limited), (hereinafter
called “the company”), of the one part, and the Mayor,
Councillors, and Burgesses of the Borough of Whangarei
(hereinafter called “the borough,” which expression shall
include their successors and assigns where the context so
admits) of the other part: Whereas the company has applied
for a license under the Public Works Act, 1908, and its
amendments to use water from the Wairua Falls for the
generating of electrical power, and for the constructing and
using electric lines in and over a district including, inter
alia, the area mentioned in paragraph 6 hereof: And
whereas the borough has requested the company to agree to
supply it with electrical energy, and the company has agreed
to supply such energy subject to the granting of such license
upon the terms and conditions hereinafter contained: Now
it is hereby agreed and declared as follows:—

1. The company shall with all due diligence proceed to
   obtain a license to use water from the Wairua Falls as afore-
   said.

2. When the said license shall have been obtained by the
   company the company shall forthwith proceed to erect and
   install such plant and machinery as shall be capable of gen-
   erating electrical energy up to 1,500 horse-power from the
   natural flow of the said river.

3. Should the natural flow of the said river be incapable of
   generating electrical energy equal to 1,500 horse-power,
   then the company shall develop the maximum quantity of
   electrical energy reasonably capable of development from
   such natural flow.

4. The borough shall have the right of taking one-third of
   the electrical energy so generated, and when applying to the
   company to be supplied with electrical energy shall be
   bound to take at least 75 horse-power, 1 horse-power being
   equal to 746 watts.

5. In the event of the company from time to time increasing
   the installation after the first installation so as to produce
   further power, the borough shall have the option for two
   years from the date of any such decision to increase the
   power of taking 33 per cent. of the total power generated by