2806
THE NEW ZEALAND GAZETTE.
[No. 67

29. Commencement of Supply.

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.

30. By-laws.

By-laws for controlling consumers’ installations shall be made by the said Council, but such by-laws shall not be enforceable until submitted to and approved by the Minister.

31. Assignment.

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

32. Default and Penalty.

(a.) If the said Council 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
(b.) If the said Council fails to observe, perform, fulfil, or keep any of the requirements, conditions, and provisions of the Public Works Amendment Act, 1911, or its amendments, to the full intent of the same or of any part thereof; or
(c.) If the said Council shall fail to observe any of the conditions or obligations herein imposed upon the said Council, then in any such case it shall be lawful for the Governor, by Order in Council, either to revoke this license or to impose upon the said Council a fine not exceeding £20 for the breach of any such condition or obligation, such fine to be recovered in any Court of competent jurisdiction by any person appointed by the Governor to recover the same.

33. Revocation, &c.

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 said Council, or left at the office of the Town Clerk, 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 said Council (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.

34. Governor’s Decision final.

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 hereunder 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 said Council.

35. Public Works, Compensation, &c.

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, management, 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.

36. Commencement of License.

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

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

Regulations for Control of Ships carrying Wireless-telegraph Apparatus while within Territorial Waters of New Zealand.

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House at Wellington, this thirteenth day of July, 1914.

Present:

His Excellency the Governor in Council.

WHEREAS by section nine of the Post and Telegraph Amendment Act, 1913 (hereinafter termed “the said Act”), it is provided that the Governor may from time to time by Order in Council make such regulations as he thinks proper governing the use of wireless-telegraph apparatus on merchant ships, whether foreign ships or British ships not registered in New Zealand, while within the territorial waters of New Zealand, and that such regulations may provide for the detention of any merchant ship on which a breach of the regulations has been made pending the institution and determination of proceedings in respect of such breach and the recovery of any fine imposed in respect thereof:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the power and authority conferred upon him by the said Act, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the following regulations; and doth hereby order that such regulations shall have effect on and from the date of publication of this Order in Council in the New Zealand Gazette.

REGULATIONS.

1. In these regulations, if not inconsistent with the context,—
   “Territorial waters of New Zealand” means and includes all tidal waters included within the Dominion of New Zealand, and all parts of the open sea within one marine league of the coasts of that Dominion measured from low-water mark:
   “Minister of Telegraphs” means the Minister of Telegraphs for the time being:
   “Wireless telegraphy” has the same meaning as in section 162 of the Post and Telegraph Act, 1908:
   “Telegraph” has the same meaning as in section 119 of the Post and Telegraph Act, 1908:
   “Naval signalling” means signalling by means of any system of wireless telegraphy between two or more ships of His Majesty’s Navy, between ships of His Majesty’s Navy and naval stations, or between a ship of His Majesty’s Navy or a naval station and any other wireless-telegraph station, whether a coast station or a ship station:
   “The Admiralty” means the Commissioners for executing the office of Lord High Admiral of the United Kingdom of Great Britain and Ireland:
   “Coast station” means a wireless-telegraph station which is established on land or on board a ship permanently moored, and which is open for the service of correspondence between the land and ships at sea:
   “Ship station” means a wireless-telegraph station established on board a ship which is not permanently moored.

2. These regulations shall apply only to foreign merchant ships and to British merchant ships not registered in New Zealand, while such British or foreign ships are within the territorial waters of New Zealand.

3. All apparatus for wireless telegraphy on board a merchant ship while in the territorial waters of New Zealand shall be worked in such a way as not to interfere with Naval signalling, or with the working of any wireless-telegraph station lawfully established, installed, or worked in the Dominion of New Zealand or the territorial waters thereof; and, in particular, the said apparatus shall be so worked as not to interrupt or interfere with the transmission of messages between wireless-telegraph stations established on ships at sea and wireless-telegraph coast stations.

4. No apparatus for wireless telegraphy on board a merchant ship shall be worked or used while such ship is in any of the harbours of the Dominion of New Zealand, except with the consent in writing of the Minister of Telegraphs.

5. The foregoing regulations shall not apply to the use of wireless telegraphy for the purpose of making or answering signals of distress.

6. If and whenever an emergency shall have arisen in which it is expedient in the public interest that His Majesty’s Government shall have control over the transmission of messages by the said apparatus, it shall be lawful for any officer of His Majesty’s Navy or Army, or for any other person authorized in that behalf by the Admiralty, or by the