894
THE NEW ZEALAND GAZETTE
[No. 32

SCHEDULE
CONDITIONS

1. This licence is subject to the Foreshore Licence Regulations 1940, and the provisions of those regulations shall, so far as applicable, apply hereto.
2. The premium payable by the licensee shall be five pounds, and the annual sum so payable three pounds.
3. The term of the licence shall be fourteen years from the 1st day of May 1954.

T. J. SHERRARD,
Clerk of the Executive Council.

(M. 4/4262)

Authorizing Tracey Melvin Kevin McCarthy, of Wangapeka, Nelson, Sheep-farmer, to Use Water for the Purpose of Generating Electricity

C. W. M. NORRIE, Governor-General
ORDER IN COUNCIL

At the Government House at Wellington, this 19th day of May 1954

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL

PURSUANT to the Public Works Act 1928, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby grants to Tracey Melvin Kevin McCarthy, of Wangapeka, Nelson, Sheep-farmer (hereinafter referred to as the licensee), a licence, subject to the conditions hereinafter set forth, to take and use from an unnamed stream (hereinafter referred to as the said stream) situated in Section 15, Block XIV, Wangapeka Survey District, in the County of Waimea, for the purpose hereinafter set forth, a stream of water not exceeding 2 cubic feet per second at any one time.

CONDITIONS

IMPLIED CONDITIONS

1. The conditions directed to be implied in all licences by the Water Power Regulations 1934 and the Electrical Supply Regulations 1935 shall be incorporated in and shall form part of this licence except in so far as the same may be inconsistent with the provisions hereof.

LICENCE SUBJECT TO REGULATIONS

2. This licence is issued under the Water Power Regulations 1934, and is subject thereto and to the Electrical Supply Regulations 1935, the Electrical Wiring Regulations 1935, the Radio Interference Regulations 1934, and to all regulations hereafter made in amendment thereof or in substitution therefor respectively.

UTILIZATION OF WATER AND LOCATION OF HEADWORKS

3. Water shall be used under this licence solely for the purpose of generating electricity and shall be taken from the said stream at the point in Section 15, Block XIV, Wangapeka Survey District, indicated on the plan marked S.H.D. 279, deposited in the office of the State Hydro-electric Department at Wellington.

GENERAL DESCRIPTION OF WORKS

4. The licensee is hereby authorized, subject to the conditions hereof, to construct, maintain, and use the following works for the purpose of this licence, the positions of the said works being indicated on the said plan S.H.D. 279:
   (a) Headworks consisting of an intake with a water-race leading to the power-house hereinafter referred to, giving a static head of approximately 79 ft.
   (b) A Pelton wheel and power-house with all necessary equipment for generating electricity, situated in Section 15, Block XIV, Wangapeka Survey District.
   (c) A tail-race leading from the aforesaid power-house to the Wangapeka River.

SYSTEM OF SUPPLY

5. The system of supply shall be a direct-current system as described in paragraph (d) of Regulation 21-01 of the Electrical Supply Regulations 1935.

DURATION OF LICENCE

6. Unless sooner lawfully determined, this licence shall continue in force until the 31st day of March 1975.

RENTAL

7. For the purpose of assessing the rental or annual sum payable in respect of this licence, the licensee may install a suitable maximum-demand indicator to the satisfaction of the Inspecting Engineer of the State Hydro-electric 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 2·6 kilowatts.

NO RIGHT TO WATER CONFERRED

8. Nothing in this licence shall of itself confer upon the licensee any right to water.

T. J. SHERRARD,
Clerk of the Executive Council.

(S.H.D. 11/20/2355)

Licensing Joseph Henry Perano and Gilbert Thomas Perano to Use and Occupy a Portion of Crown Land in Tory Channel as a Site for a Whale Factory

C. W. M. NORRIE, Governor-General
ORDER IN COUNCIL

At the Government House at Wellington, this 19th day of May 1954

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL

PURSUANT to the Whaling Industry Act 1935, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, doth hereby license and permit Joseph Henry Perano and Gilbert Thomas Perano both of Whenui (hereinafter called the licensees, which term shall include their executors, administrators, and assigns unless the context requires a different construction), to use and occupy a portion of the foreshore and land below low-water mark in Tory Channel and Crown land adjacent thereto as shown on plans marked M.D. 5773 and 6148, and deposited in the office of the Marine Department at Wellington, for the purpose of maintaining thereon a whale factory as shown on the said plans, such licence to be held and enjoyed by the licensees upon and subject to the terms and conditions set forth in the Schedule hereto.

SCHEDULE

1. In these conditions the term—
   ‘‘Minister’’ means the Minister of Marine as defined by the Shipping and Seamen Act 1952, 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 Crown land required as a site for the said factory as shown on the plans marked M.D. 5773 and 6148.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensees shall, on being supplied with a copy thereof, pay to the Minister the sum of £2 and thereafter an annual sum of £8 in advance, payable on the first day of April in each year.

4. Her 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, and out of the said factory without payment.

5. The licensees shall maintain the above-mentioned factory in good order and repair.

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

7. Nothing herein contained shall authorize the licensees 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 1950, or the Fisheries Act 1908, or the Whaling Industry Act 1935, or any regulations made thereunder and that are now or may hereafter be in force.

8. The rights, powers, and privileges conferred by or under this Order in Council shall continue in force for fourteen years from the 1st day of April 1954, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the licensees shall not assign, charge, or part with any such right, power, or privilege without the written consent of the Minister first obtained.

9. The said rights, powers, and privileges may be at any time resumed by the Governor-General, and the licensees may be required to remove the said factory at the licensees’ own cost, without payment of any compensation whatever, on giving to the licensees 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 licensees in New Zealand.

10. In case the licensees 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 factory for a period of thirty consecutive days;
    (3) Fail to pay the sum 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 licence, right, power, or privilege thereby conferred may be revoked and determined by the Governor-General in Council without any notice to the licensees or other proceedings whatsoever; and publication in the Gazette of an Order in Council containing such revocation shall be sufficient notice to the licensees and to all persons concerned or interested that this Order in Council, and the licence, rights, and privileges thereby granted and conferred, have been revoked and determined.