Notice of Variation of Schedule to Agreement Relating to the Price for Electrical Power from Lake Manapouri

THE Minister of Electricity hereby gives notice that the Schedule to the agreement, dated 15 August 1963, between Her Majesty the Queen and Consolidated Zinc Proprietary Ltd., and varied by agreement, notice whereof was gazetted on 22 March 1967, has been further varied by agreement dated 5 September 1969 between the Minister of Electricity and Comalco Power (New Zealand) Ltd. as assignee under the said agreement, a copy of which is set out in the Schedule to this notice.

SCHEDULE

An agreement made the 5th day of September 1969, between the Minister of Electricity of the Government of New Zealand (hereinafter referred to as "the Minister") of the one part, and Comalco Power (New Zealand) Ltd., a duly incorporated company having its registered office at 20 Brandon Street, Wellington, New Zealand (hereinafter referred to as "the company"), of the other part:

Whereas, by an agreement (hereinafter referred to as "the 1963 power agreement") made the 15th day of August 1963 between Her Majesty the Queen, in respect of the Government of New Zealand, acting by and through the Minister (hereinafter referred to as "the Crown") of the one part, and Consolidated Zinc Proprietary Ltd., the registered office of which is at 95 Collins Street, Melbourne, Victoria (hereinafter referred to as "Consolidated Zinc"), of the other part, which agreement was validated by, and is set out in the Schedule to, the Manapouri - Te Anau Development Act 1963, it was agreed that the Crown should, if so required by Consolidated Zinc or its permitted assigns, and subject to certain terms and conditions as therein set forth, make available electrical power from the power station at Lake Manapouri;

And whereas, by an agreement (hereinafter referred to as "the 1966 notices agreement") made the 15th day of November 1966 between the Crown and Consolidated Zinc, which agreement was approved by, and is set out in the Schedule to, an Order in Council dated the 20th day of March 1967 and published in the Gazette of the 22nd day of March 1967, at page 409, the 1963 power agreement was varied in certain respects;

And whereas, by an agreement (hereinafter referred to as "the 1966 pricing agreement") also made the 15th day of November 1966 between the Crown and Consolidated Zinc, which agreement is set out in the Schedule to a notice by the Minister, dated the 20th day of March 1967 and published in the Gazette of the 22nd day of March 1967, at page 414, the Schedule to the 1963 power agreement (hereinafter referred to as "the Pricing Schedule"), which provides for the calculation of the price to be paid for electrical power made available by the Crown under the 1963 power agreement, as varied by the 1966 notices agreement, was varied in certain respects;

And whereas, by heads of agreement made the 8th day of July 1968, between Her Majesty the Queen, in respect of the Government of New Zealand, acting by and through the Minister of Industries and Commerce of the first part, Comalco Industries Pty. Ltd., of Melbourne, Australia, of the second part, Showa Denko K.K., of Tokyo, Japan, of the third part, and Sumitomo Chemical Co. Ltd., of Osaka, Japan, on the fourth part, Comalco Industries Pty. Ltd. agreed to ensure that Consolidated Zinc or its assignee would pay for the said electrical power 110 percent of the price calculated in accordance with the Pricing Schedule, varied as aforesaid;

And whereas, with the written consent of the Minister, the rights of Consolidated Zinc under the 1963 power agreement, as varied by the 1966 notices agreement, were (except as to certain clauses thereof) transferred to the company;

And whereas, in order to give effect to the said heads of agreement, the Crown and the company now desire to vary further, as hereinafter set forth, the provisions of the Pricing Schedule;

And whereas clause 20 of the Pricing Schedule provides that the Pricing Schedule may be varied by written agreement between the Minister and Consolidated Zinc or its permitted assigns:

Now, therefore, it is hereby agreed as follows:

1. Clause 12 of the Pricing Schedule, as substituted by clause 5 of the 1966 pricing agreement, is hereby varied by adding at the end of each of paragraphs (b), (c), and (d) the words "plus 10 per centum of that sum".

2. This agreement shall be governed by New Zealand law.

In witness whereof this agreement has been executed the day and year first hereinbefore written.

Signed for and on behalf of Her Majesty the Queen in respect of the Government of New Zealand by THOMAS PHILIP SHAND, the Minister of Electricity, in the presence of:

P. C. K. THOMSON,
Ministerial Private Secretary,
Wellington.

The Common Seal of COMALCO POWER (NEW ZEALAND) LTD. was hereto affixed in the presence of:

D. CRAWFORD, Director

B. E. TALBOYS, for Minister of Electricity.
(N.Z.E.D. 44/4)

Licensing Kelvin Tarlton Ltd. to Occupy a Site for a Ship Museum in Waitangi River Estuary, Bay of Islands

PURSUANT to the Harbours Act 1950, the Minister of Marine hereby licenses and permits Kelvin Tarlton Ltd. (hereinafter called the licensee, which term shall include its successors or assigns, unless the context requires a different construction) to use and occupy a part of the foreshore in the Waitangi River Estuary, Bay of Islands, as shown on plan marked M.D. 13684 and deposited in the office of the Marine Department at Wellington, for the purpose of maintaining thereon a ship museum, as shown on the said plan; such licence to be held and enjoyed by the licensee upon and subject to the terms and conditions set forth in the Schedule hereto.

SCHEDULE

CONDITIONS

1. This licence is subject to the Foreshore Licence Regulations 1960, and the provisions of those regulations shall, so far as applicable, apply hereto.

2. The term of the licence shall be 14 years from the 1st day of January 1970.

3. The premium payable by the licensee shall be 10 dollars ($10) and the annual sum so payable by the licensee shall be 20 dollars ($20).

Dated at Wellington this 18th day of December 1969.

W. J. SCOTT, Minister of Marine.
(M. 54/23/4)

Land Proclaimed as Road and Road Closed in Block XII, Manganui Survey District, Waimarino County

PURSUANT to section 29 of the Public Works Amendment Act 1948, the Minister of Works hereby proclaims as road the land described in the First Schedule hereto, and also hereby proclaims as closed the road described in the Second Schedule hereto.

FIRST SCHEDULE

WELLINGTON LAND DISTRICT

ALL those pieces of land situated in Block XII, Manganui Survey District, Wellington R.D., described as follows:

A. R. P. Being

0 0 3.7 Part Section 14; coloured blue on plan.

0 0 26.7 Part Section 17; coloured sepia on plan.

1 0 22 Parts railway land; coloured blue on plan.

4 0 0

0 0 14.4 Part Mangaturuturu Stream bed; coloured orange on plan.

0 0 8.3 Parts State forest; coloured sepia on plan.

0 0 13.6

SECOND SCHEDULE

WELLINGTON LAND DISTRICT

ALL those pieces of road situated in Block XII, Manganui Survey District, Wellington R.D., described as follows:

A. R. P. Adjoining or passing through

3 2 34 State forest; coloured green on plan.

0 0 17.6 Part Section 17; coloured green on plan.

1 2 0.8 Railway land, Sections 16 and 20 and part Section 17; coloured green, edged green, on plan.

As the same are more particularly delineated on the plan marked M.O.W. 23786 (S.O. 27030) deposited in the office of the Minister of Works at Wellington, and thereon coloured as above-mentioned.

Dated at Wellington this 11th day of December 1969.

PERCY B. ALLEN, Minister of Works.
(P.W. 72/4/8/0; D.O. 8/4/5/3/0)