2028
THE NEW ZEALAND GAZETTE.
[No. 55

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, 1928, in the same
manner (subject to all necessary modifications) as if the
licensee was a local authority and the claim was one for
injury or damage arising out of the construction of a public
work.

15. CROWN NOT LIABLE TO PAY COMPENSATION.

Nothing in this license shall be held to impose 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.

16. 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.

17. DEFAULT.

If the licensee fails or neglects to observe any of the con-
ditions or obligations imposed by this license, then, and in
any such case, the provisions of clauses 229 and 230 of the
regulations shall apply to the breach of any such condition
or obligation.

18. ALTERATIONS TO WORKS.

In the event of the licensee at any time desiring to make
alterations to the work involving a departure from the location
or type of construction shown on the approved plans, it shall
first submit for the Minister’s approval plans showing such new
location and [or] type of construction as it is proposed to
adopt, and with such approval the alterations may be
carried out.

19. INSPECTION OF WORKS.

The Inspecting Engineer of the Public Works Department
or any other person empowered in that behalf by the Minister
shall at all times, both during and after the construction of
the works, have free access to and liberty to inspect such works
so as to ensure that the provisions of this license are given due
effect to.

20. 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 by and against either party accordingly.

21. REQUIREMENTS OF BAY OF ISLANDS COUNTY COUNCIL.

Notwithstanding anything hereinbefore contained, the
licensee shall not by virtue of these presents be entitled to
lay, construct, put up, place, or use the electric lines hereby
authorized, except subject to such conditions (not inconsistent
with the provisions of this license or of the regulations) as
may from time to time be imposed by the Bay of Islands
County Council.

22. RAILWAY AND TELEGRAPH DEPARTMENTS’ LINES.

The licensee shall rectify to the satisfaction of the Minister
of Railways or the Minister of Telegraphs, as the case may be,
any interference or disturbance caused by the erection or
operation of the licensee’s system that affects the satisfactory
working of telegraph lines which are under control of the Rail-
way Department or the Telegraph Department, and which
were erected prior to the licensee’s lines.

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. CHARGES FOR ELECTRICAL ENERGY.

The charges for electrical energy shall not exceed 1s. 3d.
per unit for lighting 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 after due date the charges shall not
exceed 1s. per unit for lighting purposes and 4½d. per unit
for motor-power, cooking, or heating purposes.

25. PURCHASE OF INSTALLATION BY ELECTRIC-POWER BOARD.

Any Electric-power Board duly constituted in terms of the
Electric-power Boards Act, 1925, or any Act passed in amend-
ment thereof or in substitution therefor, shall, if its district
includes the area of supply hereinbefore described, have the
right, at any time during the currency of this license, to pur-
chase and take over the licensee’s installation in the said area
of supply, at a valuation to be agreed upon between the said
Board and the licensee, and, failing such agreement, at a
valuation to be fixed by a single arbitrator to be appointed
pursuant to the provisions of the Arbitration Act, 1908, and
thereupon the Governor-General may by Order in Council
revoke this license.

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

(P.W. 26/1469.)

The Southern Side generally of Portion of a Road in the County
of Marlborough exempted from the Provisions of Section 128
of the Public Works Act, 1928, subject to a Condition as to
the Building-line.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 5th day of
August, 1929.

Present:

His Excellency the Governor-General in Council.

IN pursuance and exercise of the powers conferred by the
Public Works Act, 1928, and of all other powers in
anywise 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 approve of the following
resolution passed by the Marlborough County Council on the
twelfth day of July, one thousand nine hundred and twenty-
nine, the portion of road affected by such resolution being
more particularly described in the Schedule hereto, viz. :—

“That section one hundred and twenty-eight of the
Public Works Act, 1928, shall not apply to that portion of
road adjoining Lots 1 and 2 of Section 37, Wairau West ”;
subject to the condition that no building or part of a building
shall at any time be erected on the land fronting the southern
side generally of the portion of road (described in the Schedule
hereto) within a distance of thirty-three feet from the centre-
line of the said portion of road.

SCHEDULE.

THE southern side generally of all that portion of road, situated
in the Marlborough Land District, County of Marlborough,
fronting Lots 1 and 2 of Section 37, Wairau West, Block XVI,
Cloudy Bay Survey District. As the said portion of road is
more particularly delineated on the plan marked P.W.D.
75312, deposited in the office of the Minister of Public Works
at Wellington, and thereon coloured red.

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

(P.W. 51/1302.)

The Northern Side of Portion of Gillies Street, in the Bay of
Islands County, Town District of Kawakawa, exempted from
the Provisions of Section 128 of the Public Works, Act, 1928.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 5th day of
August, 1929.

Present: •

His Excellency the Governor-General in Council.

IN pursuance and exercise of the powers conferred by the
Public Works Act, 1928, 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 approve of the following resolution
passed by the Bay of Islands County Council on the eighteenth
day of April, one thousand nine hundred and twenty-nine,
the portion of road affected by such resolution being more
particularly described in the Schedule hereto, viz. :—

“That the Bay of Islands County Council, being the
local authority having control of that road or street in the
Township of Kawakawa, in the said county, known as
Gillies Street, hereby resolves and declares that the pro-
visions of section one hundred and twenty-eight of the
Public Works Act, 1928, shall not apply to that portion
of the said road or street fronting Lots 1, 2, 3, 4, 84, and 85
on deposited plan No. 21053 (Auckland Registry), of part
of the Township of Kawakawa ”;
such portion of road being described in the Schedule hereto.