2440
THE NEW ZEALAND GAZETTE.
[No. 68

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.

14. CHARGES FOR ELECTRICAL ENERGY.

The charges for electrical energy shall not exceed 1s. per unit for lighting purposes, and 6d. per unit for motor-power, heating, or cooking purposes; provided that “lighting purposes” shall include the operation of motor generators for lighting purposes; and provided further that if accounts are paid within fourteen days of due date the charges shall not exceed 10d. per unit for lighting purposes and 5d. per unit for motor-power, cooking, or heating purposes.

15. AREA OF SUPPLY.

The area of supply comprises the Town District of Kaponga as at present constituted, and also those portions of the Eltham and Stratford Counties as shown bordered red on the plan marked P.W.D. 52121, deposited in the office of the Minister at Wellington as aforesaid.

16. SYSTEM OF SUPPLY.

The system of supply shall be as described in paragraphs (a) (1) and (e) of clause 3 of the regulations.
The generating voltages shall be approximately 230 and and 3300 volts respectively between the terminals.

17. DATUM TEMPERATURE.

For the purposes of calculating stresses as provided in clause 15 of the regulations, the datum temperature shall be taken as 20° Fahrenheit.

18. COMPENSATION PAYABLE FOR LAND INJURIOUSLY AFFECTED, ETC.

In respect of all land injuriously affected, and in respect of all damages done by the exercise of any of the powers conferred upon the licensee by this license, the licensee shall from time to time, as and when any such injury or damage accrues or happens, pay compensation in accordance with the provisions of the Public Works Act, 1908, in the same manner (subject to all necessary modifications) as if such licensee were a local authority and the claim was one for injury or damage arising out of the construction of a public work.

19. CROWN NOT LIABLE TO PAY COMPENSATION.

Nothing in this license shall be held to cast upon or imply any liability upon His Majesty the King or upon the Government of New Zealand to pay compensation to any person, corporate body, or local authority by reason of the exercise by the licensee of the authority hereby granted; but the licensee shall be liable for any loss or damage which any person, corporate body, or local authority may sustain as the result of the exercise by the licensee of any of the powers granted by this license.

20. CONSUMERS ENTITLED TO SUPPLY.

The licensee shall supply and sell to any person, company, or corporate body within the area of supply requiring the same, for any purpose within that area, electricity to the extent to which it may be available; provided that such person, company, or corporate body may be required to pay the cost of connecting his or its premises with the transmission-line erected by the licensee in pursuance of this license, or alternatively may be required to pay a line rental at a rate not exceeding 15 per cent. on the cost of such connecting line together with any additional transmission-line required to supply such person, company, or corporate body.

21. BED OF RIVER NOT LEASED.

Nothing herein shall be held to constitute a lease from the Crown of the bed of the said river, nor shall the provisions of Part IX of the Property Law Act, 1908, apply to this license.

22. CONTRACT BETWEEN LICENSEE AND CROWN.

This license shall be deemed to constitute a contract as between the licensee and His Majesty the King, and may be enforced as a contract by and against His said Majesty or the licensee accordingly.

23. TIME FOR SUBSTANTIAL COMPLETION OF WORKS.

The licensee shall substantially complete the works hereby authorized within a period of one year from the date of this license, or within such further time as the Minister may allow in the event of the work being delayed by strikes, lock-outs, breakdowns, or other unavoidable causes not due to any neglect by the licensee.

24. DEFAULT.

If the licensee fails or neglects to observe any of the conditions or obligations imposed by this license, then and in any such case the provisions of clauses 50 and 51 of the regulations shall apply to the breach of any such condition or obligation.

25. REQUIREMENTS OF THE ELTHAM AND STRATFORD COUNTY COUNCILS.

Notwithstanding anything hereinbefore contained, the licensee shall not be entitled to erect, maintain, or use any electric lines within the Eltham and Stratford Counties except subject to such conditions, not inconsistent with the provisions of this license and the regulations relating thereto, or any variation of this license or the regulations, or new regulations which may take the place of these regulations, as may from time to time be agreed upon between the licensee and the Eltham County Council or between the licensee and the Stratford County Council.

26. BARE WIRES.

Notwithstanding anything hereinbefore contained, no bare wires shall be erected unless and until the consent of the Minister has first been obtained in accordance with the regulations.

F. D. THOMSON,
Clerk of the Executive Council.

Licensing McCallum Brothers to occupy Land below Low-water Mark in the Hauraki Gulf for the Purpose of taking Shingle and Sand.

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.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, William Fraser McCallum, Alexander Fraser McCallum, Archibald McCallum, and Daniel Fraser McCallum, of Auckland, trading under the style or title of “McCallum Brothers” (hereinafter called “the licensees”), have applied to the Governor-General in Council for a license under the Harbours Act, 1908 (hereinafter called “the said Act”), to use and occupy a part of the land below low-water mark in the Hauraki Gulf for the purpose of dredging and taking away the shingle and sand deposited thereon; and, in accordance with the provisions of the said Act, have deposited a plan in the office of the Marine Department at Wellington (marked M.D. 5494) showing the area of foreshore and land below low-water mark intended to be occupied for such purpose:

And whereas it has been made to appear to the Governor-General in Council that the proposed taking of shingle and sand will not be or tend to the injury of navigation, and the said plan has, prior to the making of this Order in Council, been approved by the Governor-General in Council:

And whereas it is desirable to grant the license applied for:

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in pursuance and exercise of the power and authority vested in him by the said Act, and of all other powers and authorities enabling him in that behalf, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby approve of the purpose or object for which the said license is required by the licensees as aforesaid; and, in further pursuance and exercise of the said power and authority, and with the like advice and consent as aforesaid, doth hereby license and permit the licensees to use and occupy that part of the land below low-water mark, which is particularly shown and delineated within red lines on the plan so deposited as aforesaid, but excluding therefrom the area shown within a black line on the said plan, for the purpose of dredging and taking away the shingle and sand deposited thereon, such license to be held and enjoyed by the licensees upon and subject to the terms and conditions set forth in the Schedule hereto.