1558

THE NEW ZEALAND GAZETTE

No. 57

5. If in any year of the term of this licence the company fails to dredge any material, the deposit hereinbefore referred to shall be appropriated by the Minister as if flat rent in respect of that year; but if during any year the company dredges any material, the said deposit shall be applied during the last quarter of that year as royalty prepaid and as to any balance towards the deposit for the next year, but so that the minimum annual amount payable as royalty and/or flat rent in each year of the term of this licence shall be $200.

6. The company shall keep a strictly accurate record of all material dredged, whether from above or below low-water mark, and of all material sold, and shall submit same for inspection, within 7 days after the end of June, September, December, and March, to the Marine Department at Wellington, and shall within the same time pay to the Department the amount of any royalty due.

7. All persons in the service of the Government acting in the execution of their duties shall at all reasonable times have the right to inspect the workings, plant, and dumps being operated by the company.

8. Nothing herein contained shall be deemed to authorise the company to do, or suffer or cause to be done, anything in breach of or repugnant to or inconsistent with any law relating to the Customs, or any regulation of the Minister of Customs, or any provisions of the Harbours Act 1950 or its amendments, or any regulations, including the General Harbour Regulations 1954, that are now or may hereafter be in force in respect of the Porirua Harbour, and the company shall at all times strictly observe all such laws and regulations.

9. The company shall place and maintain in position at all times such buoys and/or markers as may be required by the Marine Department for outlining the areas specified in the First Schedule hereto during dredging operations.

10. If at any time any area of foreshore or land below low-water mark should, in the opinion of the Minister, be dredged in preference or priority to that delineated in the First Schedule hereto, the Minister may direct the company accordingly and the company shall, without delay, comply with such direction.

11. Any historical relics, Maori artifacts, or items of archaeological interest dredged, unearthed, or found by the company in connection with its dredging operations shall remain the property of the Crown and be handed in to the Marine Department.

12. Before commencing dredging operations the company shall give public notice in a newspaper circulating in the district of its intention to do so, and shall give the Marine Department at least 2 weeks’ written notice of the date on which it proposes to commence dredging operations.

13. If at any time during the term of this licence less than 5,000 cu yd of material have been dredged during the preceding 6 months, this licence may be cancelled by 1 week’s notice to the company.

14. (a) The rights, powers, and privileges conferred by this licence shall be deemed to have terminated on the 1st day of March 1969 if no material has been dredged by the company hereunder before that date, but otherwise shall continue in force for a term of 5 years from the date on which the company commences dredging operations; unless in the meantime the licence or any of such rights, powers, and privileges is altered, modified, or revoked by competent authority.

(b) If the company shall, throughout such term of 5 years, faithfully observe and perform all and singular the conditions hereof and shall, during the last year of such term, apply for a renewal of this licence; then, on payment to the Minister of a sum of $5, the Governor-General shall, by Order in Council, grant to the company a licence for a further term of 5 years on the terms and conditions hereof (except this present right of renewal) or as altered or modified by competent authority.

15. The company shall not assign, charge, or part with this licence, or with the rights, powers, or privileges hereby conferred, or any of them, without the written consent of the Minister first obtained; which consent it shall be in the absolute discretion of the Minister to grant unconditionally, or to grant subject to such conditions as he thinks fit, or to refuse.

16. If, at any time, in the opinion of the Minister, the dredging of material pursuant to this licence causes or aggravates, or is likely to cause or aggravate, sea erosion, he may require the company to discontinue the dredging of material from all or any part of the foreshore and land below low-water mark included in this licence, or may regulate the removal of it, and the company shall, without delay, comply with any such requisition or regulation.

17. The company shall not commit, or suffer to be committed, unnecessary waste or damage in or on the said foreshore and land below low-water mark, or any part thereof, in exercise of the rights, powers, and privileges hereby granted.

18. Neither the granting of this licence nor anything herein contained shall affect the liability of the company for any injury to persons or damage to property arising out of the company’s operations under this licence, and the company shall indemnify Her Majesty the Queen and the Minister against liability for any such injury or damage.

19. In case the company or any permitted assign shall:
    (a) Commit, or cause or suffer to be committed, a breach of the conditions hereinbefore set forth, or any of them, or fail to comply with any direction, requisition, or regulation hereunder;
    (b) Enter into any voluntary or compulsory liquidation, or if any receiver be appointed on behalf of debenture holders or otherwise, or become bankrupt, or make a composition with his creditors, or in any manner be brought under the operation of any Act for the time being in force relating to bankruptcy;
    (c) Make default, for a period of 30 days after due date, in payment of any sum of money payable to the Minister hereunder;
    then, and in any such case, this licence may be determined by the Minister by one week’s written notice to the company.

20. Whenever any power may be exercised, or any notice given, or act or thing done or performed by the Minister in respect of this licence, it shall be sufficient if such power is exercised, notice given, or act or thing done by someone acting by or under the special or general direction of the Minister.

21. Payment by the company of any sum due under this licence, or commencement of dredging operations, shall be sufficient evidence of the acceptance by the company of the terms and conditions of the licence.

P. J. BROOKS, Clerk of the Executive Council.
(M. 54/15/2/1/12)

Authorising the Purchase by the Franklin Electric Power Board of Certain Electric Works from the New Zealand Electricity Department

ARTHUR PORRITT, Governor-General
ORDER IN COUNCIL
At the Government House at Wellington this 2nd day of September 1968
Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL
PURSUANT to section 76 of the Electric Power Boards Act 1925, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby authorises the purchase by the Franklin Electric Power Board from the New Zealand Electricity Department of the electric works described in the Schedule hereto for the sum of $22,550.

SCHEDULE
THE Bombay-Waiuku 50,000 volt transmission line and the land, building, and equipment of the Waiuku 50kV substation of the New Zealand Electricity Department.

P. J. BROOKS, Clerk of the Executive Council.
(N.Z.E.D. 22/45/1)

Authorising the Purchase by the Central Waikato Electric Power Board of Certain Electric Works from the New Zealand Electricity Department

ARTHUR PORRITT, Governor-General
ORDER IN COUNCIL
At the Government House at Wellington this 2nd day of September 1968
Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL
PURSUANT to section 76 of the Electric Power Boards Act 1925, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby authorises the purchase by the Central Waikato Electric Power Board from the New Zealand Electricity Department of the electrical work described in the Schedule hereto for the sum of $2,700.

SCHEDULE
Two and one-half miles of transmission line, from the Hamilton substation of the New Zealand Electricity Department to pole No. 355, south-west of the Waikato River; such section being a portion of the New Zealand Electricity Department’s Hamilton - Te Awamutu 50,000-volt transmission line.

P. J. BROOKS, Clerk of the Executive Council.
(N.Z.E.D. 10/28/2)