MAY 18.] THE NEW ZEALAND GAZETTE. 1339

License authorizing Henry William Harvey and Charles Norman Harvey, both of Manaroa, Pelorus Sound, to use Water for the Purpose of generating Electricity, and to erect and use Electric Lines.

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BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 15th day of May, 1933.

Present :

RIGHT HON. J. G. COATES PRESIDING IN COUNCIL.

IN pursuance and exercise of the powers conferred by the Public Works Act, 1928, and of all other powers in any-wise 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 Henry William Harvey and Charles Norman Harvey, both of Manaroa, Pelorus Sound (hereinafter with their successors and assigns referred to as “the licensees”), a license, subject to the conditions hereinafter set forth, to take and use from a stream situated on Section 11, Block II, Gore 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 quarter of one cubic foot 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.

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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. PLANS.

The licensees 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 diverting 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.

3. UTILIZATION OF THE WATER.

The said water shall be used under this license solely for the purpose of generating electricity.

4. LOCATION OF HEADWORKS.

The said water shall be taken from the stream situated on Section 11, Block II, Gore Survey District, as indicated on the plan marked P.W.D. 84450 (hereinafter referred to as “the said plan”), deposited in the office of the Minister of Public Works at Wellington.

5. GENERAL DESCRIPTION OF WORKS.

The licensees are hereby authorized, subject to the conditions herein contained, to construct, maintain, and use the following 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 as; 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 over the route shown by means of dotted red lines on the said plan;
(e) Such further transmission and other lines within the premises of the licensees 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 Electric Supply Regulations, 1927.

6. MAINTENANCE OF WORKS.

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

7. 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 licensees shall thereupon cease and determine, but such expiration or determination shall not relieve the licensees of any liability therefore incurred under this license.

8. RENTAL.

The licensees shall in respect of this license pay to the District Engineer, Public Works Department, Nelson, a yearly rental of 4s. per kilowatt of maximum output generated during each and every year from 31st March, 1932, with a minimum of 12s. per annum. 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. The present plant is rated at 230 volts 13·5 amperes.

9. 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 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 licensees are by this license authorized to take from the said stream.

10. 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.

11. 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.

12. SYSTEM OF SUPPLY.

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

13. 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.

14. 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.

15. 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 229 and 230 of the Electrical Supply Regulations shall apply to the breach of any such condition or obligation.

16. 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.

17. INSPECTION OF WORKS.

The Inspecting Engineer of the Public Works Department or any other person empower 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.