APRIL 20.] THE NEW ZEALAND GAZETTE. 1119

the licensee a license to take water from any portion of the said Wairoa River, except at the place where the licensee is by this license empowered to take it; provided that no such license shall so operate as to reduce the natural fall between the headworks and tail-water, or the volume of the water which the licensee is by this license authorized to take from the said river.

12. FINES.

If the licensee fails or neglects—
(a.) To use or maintain the said works, after completion, so as to secure the full benefit of the undertaking; or
(b.) To observe any of the conditions or obligations herein imposed,—
then and in any such case the licensee shall be liable to a fine of £50 for every week or part of a week during which such default or neglect continues; or the Governor may in Order in Council revoke this license.

13. SERVICE OF NOTICE.

Notwithstanding anything in the last preceding clause, this license shall not be revoked, and no proceedings shall be taken for the recovery of a fine in respect of the breach thereof, unless and until notice in writing of the intention so to revoke the license or to take such proceedings has been served upon the licensee, or placed upon some principal or conspicuous part of the works, and default has been made by the licensee in repairing or remedying the breach or breaches specified in the said notice for the following periods:—
(a.) For any breach which in the opinion of the Governor can be met by a fine, for thirty days after the service of such notice.
(b.) For any breach which in the opinion of the Governor is of such a nature as to require the revocation of this license, for ninety days after the service of such notice.

14. VARIATION IN CONDITIONS OF LICENSE.

The terms and conditions of this license may at any time or from time to time, at the request or with the consent in writing of the licensee, be altered by the Governor by Order in Council.

15. SURRENDER OF LICENSE.

The licensee may at any time, with the consent of the Minister, surrender this license, and shall thereupon, if so required by the Minister, remove from the ground all removable equipment, machinery, buildings, poles, transmission-lines, and other plant herein authorized to be installed or provided. If the licensee fails or neglects so to remove the said plant within twelve months after being required so to do, such equipment, machinery, buildings, poles, lines, and other plant shall, without payment or compensation, vest in and become the property of the Crown.

16. CHARGES FOR ELECTRIC ENERGY.

The charge for electrical energy shall not exceed 9d. per unit for lighting purposes, and 4d. per unit for motor-power, heating, or cooking purposes; provided that “lighting purposes” shall include the operation of motor generators for lighting purposes.

17. SYSTEM OF SUPPLY.

Electrical energy shall be generated in the form of three-phase current at a frequency of 50 cycles per second and a pressure of 2,200 volts between phases, and transformed up to 22,000 volts for transmission to main substation or substations, there to be transformed down to 2,200 volts for distribution.

18. DATUM TEMPERATURE.

For the purposes of calculating stresses as provided in clause 12 of the regulations, the datum temperature shall be taken as twenty-two (22°) degrees Fahrenheit.

19. NOTICES re EXTENSIONS, ETC.

Notices re commencement of work (Regulation 44) and re extensions and alterations (Regulation 49) should be sent to the Public Works Engineer at present stationed at Gisborne, and to the Telegraph Engineer of the district, or his deputy, at present stationed at Gisborne.

20. HEADWORKS, COMPLETION OF.

The licensee shall within six months from the date of the signification of the Minister’s approval of the drawings and specifications mentioned in paragraph 1 of Schedule, make a substantial commencement of such works, and shall proceed continuously and energetically with the construction of all such works until they are completed, and such works shall be completed by the licensee within three years from the date of this license; provided, however, that in the event of unavoidable accident or delay the Minister may grant such further time within which the works shall be commenced or completed as, in his opinion, is just and reasonable in the circumstances.

21. ASSIGNMENT.

This license and the benefits and obligations thereunder shall not be assigned by the licensee without the express consent in writing of the Governor in Council first had and obtained, upon such terms and conditions as he shall approve, but such consent shall not be withheld if it is proved to the satisfaction of the Minister that the transferee is financially and otherwise able to carry out the obligations specified under the license.

22. OPTION TO PURCHASE.

The right is hereby reserved to His Majesty the King to purchase at his option, at such price and on such conditions as may be mutually agreed upon (or failing such mutual agreement, then by arbitration in the manner prescribed by the Arbitration Act, 1908), this license, together with the whole of the business and undertaking of the licensee so far as the same relates to or is connected with the exercise of this license, and together with all real and personal property and all rights acquired by the licensee under this license and used or enjoyed in connection therewith. The said right may be exercised by His Majesty the King at any time during the currency of this license, but the said valuation shall not include any sum in respect of the value of the goodwill of the licensee’s business or undertaking, or in respect of the value of the license for the unexpired period thereof. On the completion of the purchase His Majesty the King shall be deemed to be the assignee of this license, and all the rights vested in the licensee by the license shall thereupon vest in His Majesty the King: Provided that in the event of His Majesty the King exercising the right to purchase the license as aforesaid, His Majesty shall thereupon, if the licensee shall so require, supply the licensee with such quantity of electrical power for the use of the said licensee’s own works as is equal in quantity to that which the licensee has been using on the average for twelve months immediately prior to the said purchase, and the charge for such power shall not exceed the rate which the production of such power has cost the said licensee during such year, plus an amount equal to 5 per cent. interest on the amount of the purchase-money paid by His Majesty to the licensee; but if any power is sold to any person, corporate body, or company other than the licensee then, and in any such case, the licensee shall be charged with interest on such proportion only of the said purchase-money as the quantity of electrical energy sold to the licensee bears to the total sales.

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

License authorizing Robert Ellis, of Brightwater, Flour-miller, to erect Electric Lines within Portion of the Waimea County.

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 two of the Public Works Amendment Act, 1911, it is provided that no person shall lay, construct, place, put up, or use any electric line except under the authority of a license issued by the Governor in Council under that Act:

And whereas Robert Ellis, of Brightwater, Flour-miller (hereinafter referred to as “the licensee”), desires to erect lines within the area of supply as defined in the Schedule hereto, and hereinafter called “the area of supply,” and it is expedient accordingly to issue a license in respect thereof under the said section:

Now, therefore, in pursuance and exercise of the powers conferred upon him by the said section, 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, subject to the conditions set forth in the Schedule hereto, and to the regulations made under section two of the aforesaid Act, and 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,” hereby authorize the licensee to erect and maintain electric lines for lighting, power, and heating purposes within the area of supply hereinafter described.