SEPT. 14.] THE NEW ZEALAND GAZETTE. 2439
License authorizing the Kaponga Town Board to use Water from the Kaupokonui Stream for the Purpose of generating Electricity, and to erect Electric Lines within the Kaponga Town District and Portions of the Eltham and Stratford Counties.
JELLICOE, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 11th day of September, 1922.
Present:
His Excellency the Governor-General in Council.
IN pursuance and exercise of the powers conferred by the Public Works Amendment Act, 1908, the Public Works Amendment Act, 1911, and of all other powers in anyway enabling him in this behalf, His Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby revoke the licenses dated the sixth day of February, one thousand nine hundred and fifteen, the twenty-sixth day of February, one thousand nine hundred and seventeen, and the twenty-seventh day of May, one thousand nine hundred and nineteen, authorizing the Kaponga Town Board to use water from the Kaupokonui Stream for the purpose of generating electricity, and to erect electric lines in the Kaponga Town District, amending the said license, and authorizing the extension of electric lines within the Eltham County, and doth—subject to the conditions set forth in the Schedule hereto, and to the regulations made under section two of the Public Works Amendment Act, 1911, and dated the twenty-second day of September, one thousand nine hundred and nineteen, published in the New Zealand Gazette of the twenty-fifth day of the same month, or any regulations hereafter made in amendment thereof or in substitution therefor (and hereinafter collectively referred to as “the regulations”), and which regulations shall be deemed to be incorporated herein—hereby grant to the Kaponga Town Board (hereinafter with its successors and assigns referred to as “the licensee”) a license to take and use from the Kaupokonui Stream (hereinafter referred to as “the said stream”), in the Taranaki Land District, for the purposes hereinafter set forth, streams of water (hereinafter referred to as “the said water”) not exceeding fifty-five cubic feet per second at any one time; and also to erect and maintain electric lines for power, lighting, heating, or other uses within the area of supply hereinafter described, such electric lines at present proposed to be erected being indicated on the plans marked P.W.D. 52121 and 53124, and deposited in the office of the Minister of Public Works at Wellington, in the Wellington Land District; and the lines already erected in the said area of supply shall be deemed to be erected under this license, and the provisions hereof shall apply as fully and effectively as if this were the license originally issued; but nothing herein shall be held to guarantee that the said stream contains sufficient water to supply fifty-five cubic feet per second hereinbefore mentioned.
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 divert-ing weir and dam.
   (b.) Drawings showing how and in what manner the water diverted is to be returned to the said stream.
   (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 gene-rating electricity, and shall be returned to the said stream at or near the respective power-houses.
3. LOCATION OF HEADWORKS.
   The said water shall be taken from the said stream at the headworks, situated (1) about sixteen chains up the said stream from Eltham Road bridge over the said stream, 25 cubic feet per second; and (2) in Subsection 3, Section 87, Block XI, Kaupokonui Survey District, 30 cubic feet per second; such two points being indicated on the plan marked P.W.D. 51106, deposited in the office of the Minister as aforesaid.
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 plans marked P.W.D. 51106 and 52121, deposited in the office of the Minister as aforesaid :—
   (a.) Headworks consisting of two dams and necessary intakes.
   (b.) Two pipe-lines leading from such dams to the power-houses hereinafter referred to.
   (c.) Two power-houses with all necessary equipment, including water - turbines, generators, transformers, lightning-arresters, switchboards, switches, exciters, and other appliances for generating electricity.
   (d.) Transmission-lines over the routes shown by means of yellow lines on the said plan P.W.D. 52121.
   (e.) Such further transmission and other lines within the area of supply as may from time to time be required within such area of supply, and after compliance with the provisions of clause 48 of the regulations.
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 sub-stations 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-General, 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 at the rate of ls. per annum per kilowatt of maximum output, as recorded by the watt-meter to be installed by the licensee at the power-houses mentioned in clause 4 (c) hereof; payment to be made yearly on the 31st day of March in each year, commencing from the day electrical power is first supplied. For the purpose of this clause “maximum output” means twice the number of units generated in the half-hour during which the output is the maximum for the year. The said period shall be recorded at the end of each half-hour com-mencing from noon of each day. The minimum rental shall not be less than £10 per annum.
11. GRANTING OF OTHER WATER-RIGHTS.
    Nothing herein shall prevent the Governor-General 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.
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-General by Order in Council.