1142
THE NEW ZEALAND GAZETTE.
[No. 29

7. RENTAL.

The licensees shall in respect of this license pay to the District Engineer, Public Works Department, Greymouth, a yearly rental of 4s. per kilowatt of maximum output generated during each and every year from 1st March, 1931. The output either shall be recorded by means of a watt-hour meter installed by the licensees, or, failing such installation, it shall be determined on the maximum capacity of the generating plant installed.

8. 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 licensees a license to take water from any portion of the said stream, except at the place where the licensees are 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 licensees are by this license authorized to take from the said stream.

9. 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 licensees, be altered by the Governor-General by Order in Council.

10. SURRENDER OF LICENSE.

The licensees may at any time, with the consent of the Minister, surrender this license, and shall thereupon remove from the ground (if so required by the Minister) all removable equipment, machinery, buildings, poles, transmission-lines, and other plant herein authorized to be installed or provided. If the licensees fail or neglect 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 of compensation, vest in and become the property, of the Crown.

11. SYSTEM OF SUPPLY.

The system of supply shall be as described in paragraph (c) of clause 5 of the regulations.
The generating and transmission voltage shall be approximately 110 volts between the terminals.

12. 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 licensees of the authority hereby granted; but the licensees 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 licensees of any of the powers granted by this license.

13. BED OF STREAM NOT LEASED.

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

14. DEFAULT.

If the licensees fail or neglect to observe any of the conditions or obligations imposed by this license, then and in any such case the provisions of clauses 220 and 230 of the regulations shall apply to the breach of any such condition or obligation.

15. ALTERATIONS TO WORKS.

In the event of the licensees at any time desiring to make alterations to the works involving a departure from the location or type of construction shown on the approved plans, they 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.

16. 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 in order to ensure that the provisions of this license are given due effect to.

17. CONTRACT BETWEEN LICENSEE AND CROWN.

This license shall be deemed to constitute a contract as between the licensees and His Majesty the King, and may be enforced by and against either party accordingly.

18. REQUIREMENTS OF WESTLAND COUNTY COUNCIL.

Notwithstanding anything hereinbefore contained, the licensees 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 Westland County Council.

19. RAILWAY AND TELEGRAPH DEPARTMENTS’ LINES.

The licensees 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 licensees’ system that affects the satisfactory working of telegraph-lines which are the property of the Railways Department or the Telegraph Department, and which were erected prior to the licensees’ lines.

20. TIME FOR SUBSTANTIAL COMPLETION OF WORKS.

The licensees 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 licensees.

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

Subject to the provisions of the Electric-power Boards Act, 1925, or any Act passed in amendment thereof or in substitution therefor, any Electric-power Board whose district or outer area shall include the area within which are erected the lines described in clause 1 thereof, or the Crown, shall have the right, at any time during the currency of this license, to purchase and take over the licensees’ installation at a valuation to be agreed upon between the said Board or the Crown, as the case may be, and the licensees; 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. 26/1647.)

Order in Council consenting to the Raising of a Loan of £59,400 by the Napier Borough Council.

BLEDISLOE, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 27th day of April, 1932.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS the Napier Borough Council (hereinafter called “the said local authority”) is desirous of raising the sum of fifty-nine thousand four hundred pounds by a loan to be known as “Earthquake Damage Repair Loan (No. 3), 1932,” for the purpose of repairing damage caused by the earthquake to the following municipal works and undertakings: Sanitary drainage, water-supply, storm-water drainage, streets:

And whereas the said local authority has complied with the provisions of the Local Government Loans Board Act, 1926 (hereinafter called “the said Act”), and it is expedient that the precedent consent of the Governor-General in Council under the said Act should be given to the raising of the said loan on the terms and conditions hereinafter set forth:

And whereas the Minister of Finance has given his precedent consent as required by section one hundred and fourteen of the Local Bodies’ Loans Act, 1926, to the borrowing by the said local authority of the said loan, at such rate or rates of interest as shall not produce to the lenders a rate exceeding the rate hereinafter mentioned:

Now, therefore, 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, and in pursuance and exercise of the powers and authorities conferred on him by the said Act, and by section one hundred and fourteen of the Local Bodies’ Loans Act, 1926, and of all other powers and authorities enabling him in this behalf, doth hereby consent to the raising by the said local authority of the said loan up to the amount of fifty-nine thousand four hundred pounds, for a term of thirty years, at such rate or rates of interest as shall not produce to the lenders a rate exceeding the rate of five pounds five shillings per centum per annum, subject to the condition that the said local authority shall,