194
THE NEW ZEALAND GAZETTE.
[No. 6

(3.) Be in any way wound up or dissolved; or
(4.) Fail to pay the sum specified in clause 3 of these conditions,—
then and in either 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 company or other proceeding whatever; and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to the company, 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or interested, that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.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 Louisa Jones, Widow, Wairakau, Te Aroha, to use Water from a Tributary of the Wairakau Stream for the Purpose of generating Electricity.

LIVERPOOL, Governor.
ORDER IN COUNCIL.
At the Government House at Wellington, this twentieth day of December, 1915.

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 Louisa Jones, Widow, Wairakau, Te Aroha (hereinafter, with her successors and assigns, referred to as “the licensee”), has applied for a license under the said section to take and use water from a tributary of the Wairakau Stream running through Sections 19 and 20A, Block III, Wairere Survey District, in the Provincial District of Auckland (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 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 said stream, for the purposes hereinafter set forth, a stream of water (hereinafter referred to as “the said water”) not exceeding three cubic feet per second at any one time.

SCHEDULE.

1. INTERPRETATION.

“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 issued under the Public Works Act, 1908, and any or all of its amendments only, or under any one or more of such amendments only, or any Act or Acts passed in amendment thereof or substitution therefor.

“Minister” means Minister of Public Works.

2. UTILIZATION OF THE WATER.

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

3. LOCATION OF HEADWORKS.

The said water shall be taken from the said stream at the headworks, situated on Section 19, Block III, Wairere Survey District, at a point indicated on the plan marked P.W.D. 38290, 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. 38290 hereinbefore referred to:—
(a.) Headworks consisting of a dam and necessary intake.
(b.) Race 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.

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. 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.

8. 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-twentieth of a penny per unit for each unit generated and as recorded by the wattmeter to be installed by the licensee, payment to be made half-yearly on the 1st January and 1st July of each year.

9. GRANTING OF OTHER WATER-RIGHTS.

Nothing herein shall prevent the Governor in Council from granting to any person or body corporate other than the licensee a license to take water from any portion of the said stream, 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 stream.

10. 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 by Order in Council revoke this license.

11. 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.

12. 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.

13. 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.

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