Oct. 15.] THE NEW ZEALAND GAZETTE. 3767

notice in writing to the Public Works Engineer at present stationed at Whangarei, and also to the District Engineer of the Post and Telegraph Department at Auckland, or his deputy, of its intention to carry out the work, and shall forward to the Minister a locality plan showing the route of any extension.

37. NOTICE OF COMPLETION.

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

38. COMMENCEMENT OF SUPPLY.

The Council shall not use any portion of the electric lines authorized by this license, or permit the same to be used, for any purpose until the Minister has given notice in writing to the Council that he has received from the Inspecting Engineer a certificate that the said work or any portion thereof has been satisfactorily carried out.

39. INSPECTION OF WORKS.

The Minister may at any time order an inspection to be made of the works, lines, and wires of the Council used for electric lighting, heating, and power purposes. If any defect is found to exist it must be remedied forthwith and if in the opinion of the officer or person inspecting such default is serious the Minister may, on receipt of the report, direct the Council to at once cease transmitting energy either over the whole of the Council’s line 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 Council.

40. COMPLIANCE WITH CONDITIONS.

For the purpose of ascertaining whether the conditions of this license are being faithfully complied with by the Council, the Minister, or any person appointed by him in that behalf, may at all reasonable times enter on the lands and works and inspect the same.

41. ASSIGNMENT.

This license and the benefits and obligations hereunder shall not be assigned by the Council without the express consent in writing of the Minister first had and obtained, subject to such conditions as he thinks fit to impose.

42. DEFAULT AND PENALTY.

If the Council fails to comply with any of the conditions of this license the Minister may, by notice in writing, require the Council within thirty days to remedy the default specified in that notice; but it shall not be held to have committed default for any failure to maintain power continuously if such failure is due to the breakdown of machinery or other accident, unless such breakdown or accident is proved to be due to negligence on the part of the Council; and if the Council fails to comply with the terms of the notice within the said period it shall be liable to a penalty of £20, to be recoverable by or on behalf of the Minister as a debt due to the Crown. The recovery of a penalty under this license shall not affect the liability (if any) of the Council to pay or make compensation in respect of any damage or injury which may be caused by reason of the default.

43. REVOCATION OF LICENSE.

Notwithstanding anything in the last preceding clause of these conditions, if the Council fails to comply with the terms of any such notice for ninety days after the receipt thereof the Governor in Council may thereupon revoke this license without further notice.

44. PUBLIC WORKS, COMPENSATION, ETC.

Nothing in this license 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, authorizing the construction, management, or working of any public works, nor shall any compensation be payable to or on behalf of the Council 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.

45. COMMENCEMENT OF LICENSE.

This license shall come into force on and after the date of publication thereof in the New Zealand Gazette.

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

License authorizing the Waverley Town Board to use Water from the Mangatangi Stream for the Purpose of generating Electricity and to erect Electric Lines in the Waverley Town District.

L I V E R P O O L, G o v e r n o r.
ORDER IN COUNCIL.

At the Government House at Wellington, this twelfth day of October, 1914.

Present:

His Excellency the Governor in Council.

WHEREAS by section five of the Public Works Amendment Act, 1908, it is enacted that the Governor may from time to time by Order in Council grant to any person or body corporate a license to use water from any fall, river, stream, or other source for the purpose of generating electricity for electric light, mechanical power, or other uses, and to exercise in respect of that purpose any of the powers and authorities specified in that behalf in the said section: And whereas it is further provided by the said section that any such license may confer upon the licensee a right at any time or times during the continuance of the license (but subject to such conditions and restrictions as are expressed in the license) to enter upon any road, railway, or other land, whether vested in or occupied by the Crown or any other person or body corporate, and there to construct, erect, lay down, maintain, renew, or repair all such cables, wires, and other things as are required for the transmission of electricity between the fall, river, stream, or other source aforesaid and any place to which the licensee is authorized to transmit electricity in pursuance of the license:

And whereas the Waverley Town Board (which with its successors and assigns is hereinafter referred to as “the Board”) has applied for a license under the said section to take and use water from the Mangatangi Stream, in the Provincial District of Wellington (hereinafter referred to as “the said stream”), for the purpose of generating electricity as aforesaid, and it is expedient to issue such license accordingly:

Now, therefore, in pursuance and exercise of the powers conferred upon him as aforesaid, and of the powers conferred by section two of the Public Works Amendment Act, 1911, and of all other powers enabling him in that behalf, His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby grant to the Board, subject to the terms and conditions hereinafter set forth, a license to take and use from the Mangatangi Stream aforesaid, for the purposes hereinafter set forth, a stream of water (hereinafter referred to as “the said water”) not exceeding fifteen cubic feet per second at any one time, and also to erect and maintain within the area of supply as indicated on P.W.D. 35040 by means of a circle of one mile radius from the Waverley Post-office, electric lines for lighting, heating, and power purposes as hereinafter described.

TERMS AND CONDITIONS OF LICENSE.

1. In this license—

“Board” means the Waverley Town Board.

“Consumer’s wires” means any electric lines on the consumer’s premises which are connected with the Board’s electric lines.

“Distribution line or lines” means the portion of any line from which service wires are connected for the purpose of supplying consumers.

“Earthed” applied to any conductor means that such conductor shall be so connected to the general mass of earth as to ensure at all times an immediate and safe discharge to earth of electric energy.

“Electric line” means any wire, wires, conductor, or other means used for conveying, transmitting, or distributing electricity for power, lighting, or heating purposes, and includes any instrument, insulator, casing, tubing, pipe, covering, or post enclosing or supporting an electric line or anything connected therewith.

“Electric telegraph line” means any wire, wires, or cables belonging to the Post and Telegraph Department, or erected under authority granted by the Minister of Telegraphs.

“High pressure” means pressures over 650 volts and up to 3,300 volts.

“Inspecting Engineer” means and includes any Inspecting Engineer appointed by the Minister to inspect works to be constructed or maintained by virtue of electric-line licenses, or any water-