1118
THE NEW ZEALAND GAZETTE.
[No. 47

months’ previous notice in writing. Any such notice shall be sufficient if given by the Minister, and delivered at or posted to the last known address of the licensee in New Zealand.
10. The licensee shall be liable for any injury which the said boatshed may cause any vessel or boat to sustain through any default or neglect on his part.
11. In case the licensee shall—
(1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;
(2.) Cease to use or occupy the said boatshed for a period of thirty days;
(3.) Become bankrupt or be brought under the operation of any law for the time being in force relating to bankruptcy; or
(4.) Fail to pay the sums specified in clause 3 of these conditions,—
then and in any of the said cases this Order in Council, and every license, right, power, or privilege, may be revoked and determined by the Governor in Council without any notice to the licensee or other proceeding whatsoever; and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to the licensee, and to all persons concerned or interested, that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.

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

License authorizing the Wairoa Borough Council to use Water from the Wairoa River, near Te Reinga Falls, for the Purpose of generating Electricity and to erect Electric Lines.

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House at Wellington, this seventeenth day of April, 1916.

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 Wairoa Borough Council (hereinafter, with its successors and assigns, referred to as “the licensee”) has applied for a license under the said section to take and use water from the Wairoa River, near Te Reinga Falls, in the Provincial District of Hawke’s Bay (hereinafter referred to as “the said river”), 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 in anywise 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 licensee (subject to the terms and conditions set forth in the Schedule hereto) a license to take and use from the Wairoa River aforesaid, for the purposes hereinafter set forth, a stream of water (hereinafter referred to as “the said water”) not exceeding three hundred (300) cubic feet per second at any one time; and also to erect and maintain electric lines for power, lighting, heating, or other uses along the routes hereinafter described, and subject to the regulations published in the New Zealand Gazette dated the twenty-ninth day of April, one thousand nine hundred and fifteen, and hereinafter referred to as “the regulations.”

SCHEDULE.

1. PLANS.

The licensee shall, before the works hereby authorized are commenced, forward for the approval of the Minister of Public Works (hereinafter referred to as “the Minister”)—
(a.) Full detailed drawings and specifications of the diverting weir and dam.
(b.) Drawings showing how and in what manner the water diverted is to be returned to the said river.
(c.) Contour-plan showing difference in level of water due to the construction of the headworks.

2. UTILIZATION OF THE WATER.

The said water shall be used solely for the purpose of generating electricity, and shall be returned to the Wairoa River at or near the power-house.

3. LOCATION OF HEADWORKS.

The said water shall be taken from the said Wairoa River at the headworks, situated near the junction of the Ruakituri and Hangaroa Rivers, about three chains above the Te Reinga Falls in the Opoiti Survey District, at a point indicated on the plan marked P.W.D. 38164, deposited in the office of the Minister at Wellington, in the Provincial District of Wellington.

4. GENERAL DESCRIPTION OF WORKS.

The licensee is hereby authorized to construct, maintain, and use the following works for the purposes of this license; the position of the said works being indicated on the plan marked P.W.D. 38164 hereinbefore referred to:—
(a.) Headworks consisting of a dam and necessary intake.
(b.) Water-races, tunnel fluming, and pipe-lines leading from such dam to the power-house hereinafter referred to.
(c.) A power-house with all necessary equipment, including water-turbines, generators, transformers, lightning-arresters, switchboards, switches, exciters, and other appliances for generating electricity.
(d.) Transmission and other lines over the routes shown by means of dotted lines coloured red and yellow on the said plan.

5. INSPECTION OF WORKS.

The Inspecting Engineer, both during and after the construction of the works, shall have free access to and liberty at any time to inspect the same so as to ensure that the provisions of this license are given due effect to.

6. MAINTENANCE OF WORKS.

After the said works have been completed, the licensee shall maintain the same in proper working-order during the continuance of this license.

7. RIGHT TO ENTER LANDS, ETC.

The licensee shall have the right at any time or times during the continuance of this license, with the consent of the Minister, to enter upon any road 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 transmission-lines, poles, or other things as are required for the transmission of electricity between the generating-stations and any of the substations to which this license applies.

8. POWER TO TAKE LAND.

The licensee is hereby empowered to take, under the Public Works Act, 1908, as for a public work such land as may, in the opinion of the Governor, be necessary to enable the licensee to construct and maintain the various works authorized by this license.

9. DURATION OF LICENSE.

This license shall, unless sooner determined in accordance with the provisions hereinafter expressed, continue in force for a period of forty-two years from the date hereof. Upon the expiry of the said term, or upon the sooner determination of this license by revocation or otherwise, all rights hereby granted to the licensee shall thereupon cease and determine; but such expiration or determination shall not relieve the licensee of any liability theretofore incurred under this license.

10. RENTAL.

The licensee shall, in respect of this license, pay to the Public Works Engineer for the district, or otherwise as the Minister may from time to time require, a rental of one peppercorn per annum if demanded.

11. GRANTING OF OTHER WATER-RIGHTS.

Nothing herein shall prevent the Governor in Council from granting to any person or body corporate other than