Water Use License Conditions




562

THE NEW ZEALAND GAZETTE.

District, for the purposes hereinafter set forth, a stream of
water (hereinafter referred to as "the said water") not
exceeding five cubic feet per second at any one time; and
also to lay, construct, put up, place, and use the electric lines
hereinafter described on the conditions hereinafter set forth:
Provided that nothing herein shall be held to guarantee that
the said stream contains sufficient water to supply the volume
of water hereinbefore referred to; and all rights hereby
granted shall be subject to all existing rights heretofore
granted under the Mining Acts or otherwise.

CONDITIONS.

  1. REGULATIONS.

This license is subject to the Electrical Supply Regulations,
1927 (hereinafter called "the regulations"), the Electrical
Wiring Regulations, 1927, and any regulations made or to be
made in amendment of or in substitution for the Electrical
Supply Regulations or the Electrical Wiring Regulations.

  1. PLANS.

The licensee shall forward for the approval of the Minister
of Public Works (hereinafter referred to as "the Minister")—
(a) Full detailed drawings and specifications of the divert-
ing weirs:
(b) Drawings showing how and in what manner the water
is diverted:
(c) Contour-plans showing difference in level of water due
to the construction of the headworks:
(d) Drawings giving full particulars of any tunnels,
aqueducts, and pipe-lines used in conveying the
water from the headworks to the power-station:
(e) Drawings showing the arrangement of the generating,
switching, and transforming plant in the power-
station.

  1. UTILIZATION OF THE WATER AND LOCATION OF HEADWORKS.

The said water shall be used under this license solely for the
purpose of generating electricity. The said water shall be
taken from the said stream situated in Section 45, Whaingaroa
Parish, Block VII, Whaingaroa Survey District, as indicated
on the plan marked P.W.D. 84778 (hereinafter referred to as
“the said plan”), deposited in the office of the Minister of
Public Works at Wellington.

  1. GENERAL DESCRIPTION OF WORKS.

The licensee is hereby authorized, subject to the conditions
herein contained, to construct, maintain, and use the follow-
ing works for the purposes of this license, the position of the
said works being indicated on the said plan:—
(a) Headworks consisting of dam and necessary intakes:
(b) Pipe-line leading from head-race to the power-house
hereinafter referred to; also tail-race from the power-
house to the said stream:
(c) Power-house with all necessary equipment, including
water-turbines, generators, transformers, lightning-
arresters, switchboards, switches, exciters, and other
appliances for generating electricity:
(d) Transmission and other lines on Section 45, Whaingaroa
Parish, Blocks III and VII, Whaingaroa Survey
District, and across the intervening roads, as shown
by means of red lines on the said plan:
(e) Such further transmission and other lines within the
premises of the licensee as may from time to time be
required. Any extensions or alterations of lines
pursuant to this paragraph shall be made only after
compliance with the provisions of clauses 21, 22,
and 23 of the Electrical Supply Regulations, 1927.

  1. MAINTENANCE OF WORKS.

The licensee shall maintain the works used under this
license in proper working-order during the continuance of
such license.

  1. 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.

  1. RENTAL.

The licensee shall in respect of this license pay to the
District Electrical Engineer, Public Works Department,
Hamilton, a yearly rental of 4s. per kilowatt of maximum
output generated during each and every year from 1st April,

[No. 22

1932, with a minimum of 15s. per annum. The output
either shall be recorded by means of a watt-hour meter
installed by the licensee, or, failing such installation, it shall
be determined on the maximum capacity of the generating
plant installed. The present plant is rated at 230 volts
16 amperes.

  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 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.

  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 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 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 of compensation, vest in and
become the property of the Crown.

  1. SYSTEM OF SUPPLY.

The system of supply shall be as described in paragraph (c)
of clause 5 of the Electrical Supply Regulations, 1927.
The generating and transmission voltage shall be approxi-
mately 230 volts between the terminals.

  1. 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.

  1. 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.

  1. CHARGES FOR ELECTRICAL ENERGY.

The charges for electrical energy shall not exceed 1s. per
unit for lighting purposes, 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.

  1. 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
Electrical Supply Regulations, 1927, shall apply to the breach
of any such condition or obligation.

  1. ALTERATIONS TO WORKS.

In the event of the licensee 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,
he 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.

  1. 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.



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🏗️ License authorizing William James Lusty to use Water for Generating Electricity (continued from previous page)

🏗️ Infrastructure & Public Works
27 March 1933
License, Water Use, Electricity Generation, Matakotia Stream, Te Uku
  • William James Lusty, Licensee for water use and electricity generation