Sept. 22.] THE NEW ZEALAND GAZETTE. 2031

again towards the south-west by Lismore Street, 3925·1 links; and towards the north-west by a public road, 1000 links: and excepting from the above-described area a reservoir-site, a deduction for which has been made from the area.

Also all that area in the Otago Land District, containing by admeasurement 13 acres and 12 poles, more or less, being Section 91, Block IX, Town of Pembroke. Bounded towards the east generally by a public road, 2153·7 links; towards the south-west by a public road, 1586·4 links; and towards the north-west by a public road, 1439·1 links.

Also all that area in the Otago Land District, containing by admeasurement 83 acres 2 roods 8 poles, more or less, being Sections 3 and 4, Block XLIX, Town of Pembroke. Bounded towards the north-east by a public road, 2047·7 links; towards the south-east by a public road, 5389·4 links and 108·9 links; towards the south-west by a public road, 2057 links; towards the west by a public road, 219·4 links; towards the north and north-west by Sections 1 and 2, 1480 links; and towards the north-west by Stratford Terrace, 1555·3 links and 4442·5 links: and excepting from the above-described area two intersecting public roads, each 100 links wide, a deduction for which has been made from the area.

Be all the aforesaid linkages more or less: As the several parcels of land are more particularly shown on the plan marked L. and S. 1/173B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

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

(L. and S. 1/173.)

License authorizing Nathan Alexander Harvey, of Clova Bay, Havelock, to use Water from a Stream for the Purpose of generating Electricity for Lighting, Heating, and Power Purposes.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 19th day of September, 1932.

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 grant to Nathan Alexander Harvey, of Clova Bay, Havelock (hereinafter with his successors and assigns referred to as “the licensee”), a license, subject to the conditions set forth in the Schedule hereto, to take and use from a stream situated on Section 2, Block IX, Orieri Survey District (hereinafter referred to as “the said stream”), in the Marlborough Land District, for the purposes hereinafter set forth, a stream of water (hereinafter referred to as “the said water”) not exceeding one cubic foot per second at any one time; and the works already erected (being indicated on the plan marked P.W.D. 83891, deposited in the office of the Minister of Public Works at Wellington) shall be deemed to be erected under this license, and the provisions hereof shall apply as if this were the license already issued; but nothing herein shall be held to guarantee that the said stream contains sufficient water to supply the one cubic foot per second hereinbefore mentioned.

SCHEDULE.

CONDITIONS.

1. Regulations.

This license is subject to the Electrical Supply Regulations, 1927, and to the Electrical Wiring Regulations, 1927, and to any regulations made or to be made in amendment thereof or in substitution therefor, which regulations shall be deemed to be incorporated herein.

2. Utilization of Water.

The said water shall be used solely for the purpose of generating electrical energy for lighting, heating, and power purposes.

3. Location of Headworks.

The said water shall be taken from the said stream situated on Section 2, Block IX, Orieri Survey District, as indicated on the plans marked P.W.D. 83891 (hereinafter referred to as “the said plans”), deposited in the office of the Minister of Public Works at Wellington.

4. Duration of License.

This license shall, unless sooner determined in accordance with the provisions hereinafter expressed, continue in force for a period of twenty-one years from the date hereof. Upon the expiry of the said 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.

5. 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 stream, 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 enable such person or body corporate to reduce the natural 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.

6. 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.

7. Compensation for Land injuriously affected, &c.

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.

8. Bed of Stream 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.

9. Alteration of License.

The terms and conditions of this license may at any time or 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.

10. Alteration to Works.

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

11. Inspection of Works.

The Inspecting Engineer, both during and after the construction of the works, shall have free access to and liberty at any time to inspect the same so as to ensure that the provisions of this license are given effect to.

12. Rental.

The licensee shall in respect of this license pay to the District Engineer, Public Works Department, Nelson, a yearly rental of £1 per annum from the 1st April, 1932.

13. 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.

14. Sale of Electricity.

The licensee shall not sell or supply electricity to any other person.

15. Rating of Installed Plant.

The rated installed capacity of the generating plant is 110 volts and 45 amperes direct current.

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

(P.W. 26/1753.)

B