Oct. 18.] THE NEW ZEALAND GAZETTE. 3331

CONDITIONS.

1. IMPLIED CONDITIONS.

THE conditions directed to be implied in all licenses by the Water-power Regulations, 1934, shall be incorporated in and shall form part of this license, except in so far as the same may be inconsistent with the provisions hereof.

2. UTILIZATION OF WATER AND LOCATION OF HEADWORKS.

Water shall be used under this license solely for the purpose of generating electricity, and shall be taken from the stream at a point in Sections 96 and 173A, Takitimo Survey District, as indicated on the plan marked P.W.D. 87751, deposited in the office of the Minister of Public Works.

3. GENERAL DESCRIPTION OF WORKS.

The licensee is hereby authorized, subject to the conditions hereof, to construct, maintain, and use the following works for the purposes of this license, the positions of the said works being indicated on the said plan P.W.D. 87751:—

(a) Headworks consisting of dam and intake.
(b) Head-race from such headworks to the powerhouse.
(c) Power-house with all necessary equipment, including water turbines, generators, transformers, lightning-arresters, switchboards, switches, exciters, and other appliances for generating electricity.

4. DURATION OF LICENSE.

This license shall, unless sooner determined, continue in force until the 31st day of March, 1956.

5. 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 voltage and the transmission voltage shall be approximately 110 volts direct current.

6. RENTAL.

For the purpose of assessing the rental or annual sum payable in respect of the license, the licensee shall install a suitable maximum-demand indicator to the satisfaction of the Inspecting Engineer of the Public Works Department, and, failing such installation, the rental shall be determined on the maximum capacity of the generating plant installed. The present plant is rated at 2 kilowatts, and falls within the classes described in paragraph (b) of clause (2) of Regulation 6 of the Water-power Regulations, 1934.

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

(P.W. 26/1986.)

Licensing Ernest Richard Lane to use and occupy a Part of the Foreshore in Picton Harbour as a Site for a Boat-slip.

BLEDISLOE, Governor-General.

By his Deputy,

MICHAEL MYERS.

ORDER IN COUNCIL.

At the Government House at Wellington, this 15th day of October, 1934.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS by Order in Council dated the sixth day of October, one thousand nine hundred and twenty, and published in the Gazette of the fourteenth day of the same month, at page 2856, Ernest Richard Lane, of Picton (hereinafter called “the licensee,” in which term is to be construed, unless the context requires a different construction, his executors, administrators, and assigns), was licensed to occupy for a period of fourteen years, computed from the second day of October, one thousand nine hundred and twenty, a part of the foreshore in Picton Harbour, in order to maintain thereon a boat-slip, erected in accordance with plan marked M.D. 3000, and deposited in the office of the Marine Department at Wellington:

And whereas the said license has expired, and the licensee has applied for a fresh license under the Harbours Act, 1923 (hereinafter called “the said Act”), for a further term of fourteen years, and it is advisable to grant the same on the terms and conditions hereinafter expressed:

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in pursuance and exercise of the power and authority vested in him by the said Act, and of all other powers and authorities enabling him in that behalf, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby approve of the purpose or object for which the said license is required by the licensee as aforesaid; and, in further pursuance and exercise of the said power and authority, and with the like advice and consent as aforesaid, doth hereby license and permit the licensee to use and occupy that part of the foreshore which is particularly shown and delineated on plan M.D. 3000 so deposited as aforesaid, for the purpose of maintaining thereon a boat-slip in accordance with the said plan; such license to be held and enjoyed by the licensee upon and subject to the terms and conditions set forth in the Schedule hereto.

SCHEDULE.

1. In these conditions the term—

“Foreshore” means such parts of the bed, shore, or banks of a tidal water as are covered and uncovered by the flow and ebb of the tide at ordinary spring tides:

“Minister” means the Minister of Marine as defined by the Shipping and Seamen Act, 1908, and includes any officer, person, or authority acting by or under the direction of such Minister.

2. The concessions and privileges conferred by this Order in Council shall extend and apply only to the part of the foreshore necessary for the maintenance of the said boat-slip as shown on plan M.D. 3000, so deposited as aforesaid.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensee shall pay to the Minister the sum of £1, and thereafter an annual sum of £1 in advance, payable on the 1st day of April in each year, the proportionate part of such rental in respect of the period from the 2nd day of October, 1934, until the 31st day of March following, to be paid on the licensee being supplied with a copy of this Order in Council.

4. His Majesty or the Governor-General, and all officers in the Government service, acting in the execution of their duty, shall at all times have free ingress, passage, and egress into, through, and out of the said boat-slip without payment.

5. The licensee shall maintain the above-mentioned boat-slip in good order and repair.

6. Any person authorized by the Minister may, at all reasonable times, enter upon the said boat-slip and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the licensee in New Zealand a notice in writing of any defect or want of repair in such boat-slip, requiring the licensee within a reasonable time to be therein prescribed to make good or repair the same, the licensee shall with all convenient speed cause such defect to be removed or such repairs to be made.

7. Nothing herein contained shall authorize the licensee to do or cause to be done anything repugnant to or inconsistent with any law relating to the Customs, or any regulation of the Minister of Customs, or with any provisions of the Harbours Act, 1923, or its amendments, or any regulations made thereunder and that are now or may hereafter be in force.

8. The rights, powers, and privileges conferred by this Order in Council shall continue in force for fourteen years from the 2nd day of October, 1934, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the licensee shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

9. The rights, powers, and privileges conferred under and by virtue of this Order in Council may be at any time resumed by the Governor-General, without payment of any compensation whatever, on giving to the licensee three calendar months’ previous notice in writing. Any such notice shall be sufficient if given by the Minister and delivered at or posted to the last known address of the licensee in New Zealand.

10. In case the licensee shall—
    (1) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;
    (2) Cease to use or occupy the said boat-slip for a period of thirty consecutive days;
    (3) Fail to pay the sums specified in clause 3 of these conditions; or
    (4) Become bankrupt, or be in any manner brought under the operation of any law in force for the time being relating to bankruptcy;
    then, and in any of the said cases, this Order in Council, and every right, power, or privilege may be revoked and determined by the Governor-General in Council, without any notice to