2436

THE NEW ZEALAND GAZETTE.

[No. 105

3. UTILIZATION OF WATER AND LOCATION OF HEADWORKS.

Water shall be used under this license solely for the purpose
of generating electricity up to a maximum capacity of 4 kilo-
watts at 230 volts direct current, and shall be taken from the
said river at the point in part Section 3, Block V, Tiriraukawa
Survey District, indicated on the plan marked P.W.D. 101963,
deposited in the office of the Minister of Public Works.

4. 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. 101963:-
(a) Headworks consisting of a dam and intake with a
tunnel, and pipe-line leading to the water-wheel,
and power-house hereinafter referred to, giving a
static head of approximately 20 ft.
(b) A power-house with all necessary equipment, for
generating electricity.
(c) A tunnel leading from the said water-wheel to the
Turakina River.
(d) Lines adapted for supply as prescribed in these presents
leading from the power-house aforesaid, on part
Section 3, to the licensee's premises consisting of
farmhouse, cottages, and outbuildings, including
two crossings of the Turakina Valley Road and a
crossing of the said river; the said lines being more
particularly delineated on the said plan by means
of black dotted lines.

5. SYSTEM OF SUPPLY.

The system of supply shall be as described in paragraph (d)
of clause 21-01 of the Electrical Supply Regulations, 1935.
The generating voltage and the transmission voltage shall be
approximately 230 volts direct current.

6. DURATION OF LICENSE.

Unless sooner determined, this license shall continue in force
until the 31st day of March, 1960, or until electrical energy is
available from an Electric-power Board or other public source
of supply whichever is the earlier.

7. RENTAL.

For the purpose of assessing the annual rental payable in
respect of this license, the licensee may 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 assessed on the
maximum generating capacity of the plant installed. The
present plant is rated at 4 kilowatts.

C. A. JEFFERY,

Clerk of the Executive Council.

(P.W. 26/2991.)

Licensing Walter Robert Rope to use and occupy a Part of the
Foreshore at Te Kopuru, in Kaipara Harbour, as a Site for
a Wharf and Slip.

GALWAY, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 30th day of
August, 1939.

Present:

His Excellency THE GOVERNOR-GENERAL IN COUNCIL.

PURSUANT to the Harbours Act, 1923, His Excellency
the Governor-General, acting by and with the advice
and consent of the Executive Council, doth hereby license
and permit Walter Robert Rope (hereinafter called "the
licensee," which term shall include his executors, adminis-
trators, and assigns unless the context requires a different
construction), to use and occupy a part of the foreshore at
Te Kopuru, in Kaipara Harbour, as shown on plan marked
M.D. 3696, approved on the twenty-ninth day of August,
one thousand nine hundred and eleven, and deposited in the
office of the Marine Department at Wellington, for the purpose
of the use of a wharf and slip as shown on 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 terms—
   " Foreshore " means such parts of the bed, shore, or
   banks of a tidal water as are covered and un-
   covered by the flow and ebb of the tide at ordinary-
   spring tides :
   " Low-water mark " means low-water mark 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 that part of the
   foreshore occupied by the said wharf and slip as shown on
   the plan marked M.D. 3696.
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 10s. 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 29th day of August, 1939, until the 31st day
   of March following to be paid on the licensee being supplied
   with a copy of this Order in Council.
4. All persons shall, at all reasonable times, upon payment
   of proper dues, have free and full liberty to use the said
   wharf and slip, and all rights of ingress and egress thereon
   and therefrom.
5. His Majesty or the Governor-General, and all persons
   in the Government service, acting in the execution of their
   duties, shall at all times have free ingress, passage, and
   egress into, through, over, and out of the said wharf and slip
   without payment.
6. The licensee shall maintain the above-mentioned wharf
   and slip in good order and repair, and shall at all times
   exhibit therefrom and maintain at the licensee's own cost
   suitable and necessary lights for the guidance of vessels:
   Provided that no light shall be exhibited until after it has
   been approved by the Minister.
7. Any person authorized by the Minister may at all reason-
   able times enter upon the said wharf and 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 wharf and slip requiring the licensee within
   a reasonable time, to be therein prescribed, to repair the
   same, the licensee shall with all reasonable speed cause such
   defect to be removed or such repairs to be made.
8. 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.
9. The master of each vessel discharging ballast at the
   said wharf and slip shall have all such ballast taken away
   and deposited above high-water mark, or at such place as
   may be approved of by the Minister, or by any person
   appointed by the Minister for that purpose.
10. The rights, powers, and privileges conferred by or
    under this Order in Council shall continue in force for
    fourteen years from the 29th day of August, 1939, 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 written consent of the
    Minister first obtained.
11. The said rights, powers, and privileges may be at any
    time resumed by the Governor-General, and the licensee may
    be required to remove the said wharf and slip at the licensee's
    own cost, 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.
12. The licensee shall be liable for any injury which the
    said wharf and slip may cause any vessel or boat to sustain
    through any default or neglect on the licensee's part.
13. In case the licensee shall—
    (1) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them;
    (2) Cease to use or occupy the said wharf and 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 brought under the operation
    of any law for the time being in force relating to
    bankruptcy—
    then, and in any of the said cases, this Order in Council and
    every license, right, power, or privilege thereby conferred