✨ License Conditions
3158
THE NEW ZEALAND GAZETTE.
[No. 91
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.
- 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.
- 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 Govern-
ment 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.
- 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-General
may by Order in Council revoke this license.
- 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-
General 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-
General is of such a nature as to require the revoca-
tion of this license, for ninety days after the service
of such notice.
- VARIATION IN CONDITIONS OF LICENSE.
The terms and conditions of this license may at any time
or from time to time, if found necessary and if duly agreed
upon between the licensee and the Governor-General in Council,
be altered by the Governor-General by Order in Council, in
which case particulars of such alteration or modification shall
be endorsed upon this license and signed by the licensee and
the Governor-General, whereupon all the terms and condi-
tions in this license contained (save and except as they may
have been so altered or modified by such alterations) shall,
mutatis mutandis, apply to such alterations as if the latter
had formed part of this license as originally issued.
- 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 remov-
able 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.
- BED OF RIVER NOT LEASED.
Nothing herein shall be held to constitute a lease from the
Crown of the bed of the said stream, nor shall the provisions
of Part IX of the Property Law Act, 1908, apply to this
license.
- 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.
- TIME FOR SUBSTANTIAL COMPLETION OF WORKS.
The licensee shall substantially complete the works hereby
authorized within a period of three years 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.
- ASSIGNMENT.
This license and the benefits and obligations thereunder
shall not be assigned or delegated by the licensee without the
express consent in writing of the Governor-General 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.
- COMMENCEMENT OF SUPPLY.
The licensee shall not use the works hereby authorized
until the Minister has given notice in writing that he has
received from the Inspecting Engineer a certificate that such
works have been satisfactorily constructed.
- SYSTEM OF SUPPLY.
The system of supply shall be as described in paragraph (e)
of clause 2 of the regulations.
The generating voltage shall be approximately 3,000 volts
between the terminals, and transmission voltage approximately
33,000 volts.
- INTERCHANGE OF SUPPLY OF ELECTRICAL ENERGY.
(a.) In the event of the Minister establishing a hydro-
electric-power scheme outside the area of supply of a frequency
of 50 cycles per second on the three-phase alternating-current
system, he may require the licensee to connect that system
with the licensee’s electrical system in such a manner that an
interchange of electrical energy between the two systems may
be made from time to time and when required by either the
licensee or the Minister, up to at least one-half of the total
capacity of the plant installed at the licensee’s power-house.
(b.) The licensee shall erect and maintain in good order, at
the expense of the licensee, the necessary transmission-lines
between the licensee’s power-house and a point on the bound-
ary of the area of supply to be determined by the Minister.
(c.) The Minister shall erect and maintain in good order, at
the expense of the Minister, the necessary transmission-lines
at a pressure of 33,000 volts outside the area of supply for
the purpose of connecting the two systems at the point last
mentioned in subclause (b) hereof.
(d.) The licensee and the Minister, respectively shall, on
demand, and from time to time as and when required, supply
to each other so much of the surplus electrical energy as is
then required and is available, but not in excess of one-half
of the capacity of the plant installed in the licensee’s power-
house.
(e.) The price to be paid by the licensee or the Minister
shall not exceed the following rates :—
Between the hours of 8 a.m. and 8 p.m. daily : 1d. per
unit.
Between the hours of 8 p.m. and 8 a.m. daily : ½d. per
unit.
To be measured in each case at the point last mentioned in
subclause (b) hereof.
- REQUIREMENTS OF TAURANGA COUNTY COUNCIL.
Notwithstanding anything hereinbefore contained, the
licensee shall not be entitled to construct, maintain, or use
the works authorized by the license within the Tauranga
County, except subject to such conditions, not inconsistent
with the provisions of this license or any variation of this
license, as may from time to time be agreed upon between
the licensee and the Tauranga County Council.
- CONVERSION OF LINES FROM EARTH-WORKING TO
METALLIC.
Notwithstanding anything herein contained, the licensee
shall bear the cost of converting the Post and Telegraph
Department’s lines which are now erected from earth-working
to metallic if required by the Minister of Telegraphs.
- TELEGRAPH DEPARTMENT’S LINES.
The licensee shall rectify to the satisfaction of the Minister
of Telegraphs any interference or disturbance that affects the
satisfactory working of the telegraph lines which are the
property of the Telegraph Department.
F. D. THOMSON,
Clerk of the Executive Council.
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1922, No 91
NZLII —
NZ Gazette 1922, No 91
✨ LLM interpretation of page content
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License for Tauranga Borough Council to Use Water from Mangapapa Stream
(continued from previous page)
🏗️ Infrastructure & Public Works4 December 1922
Water use, Electricity generation, License, Tauranga Borough Council, Mangapapa Stream
- F. D. Thomson, Clerk of the Executive Council