Electricity License Conditions




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.

  1. PURCHASE OF INSTALLATION BY ELECTRIC-POWER
    BOARD OR CROWN.

Any Electric-power Board duly constituted in terms of the
Electric-power Boards Act, 1925, or any Act passed in amendment thereof or in substitution therefor, if its district includes
the area of supply hereinbefore described, or the Crown, shall
have the right at any time during the currency of this license
to purchase and take over the licensee's installation in the
said area of supply, at a valuation to be agreed upon between
the said Board or the Crown, as the case may be, 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.

  1. 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 river, 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-waters, or the volume of the water
which the licensee is by this license authorized to take from
the said river.

  1. COMPENSATION PAYABLE FOR LAND INJURIOUSLY
    AFFECTED.

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, 1928.

  1. 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 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.

  1. 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.

  1. 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 nature as to require the revocation
of this license—for ninety days after the service
of such notice.

  1. VARIATION IN CONDITIONS OF LICENSE.

The terms and conditions of this license may 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.

  1. 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 to do so,
such equipment, machinery, buildings, poles, lines, and other
plant shall, without payment or compensation, vest in and
become the property of the Crown.

  1. 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.

  1. CONTRACT BETWEEN LICENSEE AND CROWN.

The 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.

  1. TIME FOR SUBSTANTIAL COMPLETION OF WORKS.

The licensee shall substantially complete any new works
or substantial alterations hereby or hereafter authorized with-
in a period of one year from the date of such authorization,
or within such further time as the Minister may allow in
consequence of the nature or extent of such works, or in the
event of the work being delayed by strikes, lock-outs, break-
downs, or other unavoidable causes not due to any neglect
by the licensee.

  1. 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, 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 : Provided that
any consent which may be given pursuant to this section
shall be subject to such terms and conditions as the Minister
thinks fit.

  1. COMMENCEMENT OF SUPPLY.

The licensee shall not use any new works hereby or hereafter
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.

  1. SYSTEM OF SUPPLY.

The system of supply shall be as described in subsection (e)
of Regulation 5 of the regulations. The generating voltage
shall be 2,500 or 3,300 volts between the terminals, and
transformed up to 6,600 volts for transmission if required.

  1. 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-
houses.

(b) The licensee shall erect and maintain in good order,
within its area of supply, at the expense of the licensee, the
necessary transmission lines between the licensee's power-
house and a point 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 outside the licensee's 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-
houses.

(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, ld. 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 fixed pursuant to subclause (b) hereof.



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🏗️ Order in Council revoking and granting electricity license to Waimea Electric-supply and Manufacturing Company, Ltd. (continued from previous page)

🏗️ Infrastructure & Public Works
17 December 1929
Order in Council, Electricity License, Waimea Electric-supply and Manufacturing Company, Wairoa River, Waimea County, Richmond Borough, Tahunanui Town District