WHEREAS a Committee of departmental officers was set up by the Government to inquire into and report to the Minister of Internal Affairs on various matters affecting the Hawke’s Bay Rivers District and the Hawke’s Bay Rivers Board, and in the month of June, nineteen hundred and thirty-six, sat and heard evidence in Napier touching the matters aforesaid, and in due course made its report to the said Minister: And whereas the Hawke’s Bay Rivers Board has passed a resolution that an Act shall be promoted to give effect to the proposals and recommendations of the said Committee:

Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title.

This Act may be cited as the Hawke’s Bay Rivers Amendment Act, 1936, and shall be read together with and deemed part of the Hawke’s Bay Rivers Act, 1919 (hereinafter referred to as the principal Act).

2 Commencement.

This Act shall come into force on the thirty-first day of March, nineteen hundred and thirty-seven.

3 Alteration of boundaries of Wards Nos. 1 and 2.

Wards Numbers One and Two, as described in the Second Schedule to the principal Act, are hereby altered by excluding the area of land described in the First Schedule hereto from Ward Number Two and including the said area in Ward Number One.

4 Extending boundary of district.

The Hawke’s Bay Rivers District, as described in the First Schedule to the principal Act, is hereby extended so as to include therein the area of land described in the Second Schedule hereto, and such area shall be added to Ward Number Two.

5 Minister of Internal Affairs to publish amended descriptions of district and wards.

The Minister of Internal Affairs shall publish in the Gazette descriptions of the district and of the wards thereof as altered pursuant to the foregoing provisions of this Act.

6 Altering scale of rating.

Section eleven of the principal Act is hereby amended by repealing subsection one, and substituting the following subsection:—

“(1)

Every general rate made by the Board and every special rate so made and levied over the whole of the district shall be levied on a graduated scale as between the several wards in such wise that of the sum required to be raised by the rate nine per centum shall be raised in Ward Number One, sixty-two per centum shall be raised in Wards Numbers Two and Three, twenty per centum shall be raised in Ward Number Four, and nine per centum shall be raised in Ward Number Five.”

7 Special rates heretofore made to be over whole district as extended.

As from the date on which this Act shall come into force the provisions of subsection one of section eleven of the principal Act, as set out in the last preceding section, shall be deemed to apply to the whole of the Hawke’s Bay Rivers District, as hereby extended, in respect of every special rate heretofore made by the Board, so that as from that date the whole of the Hawke’s Bay Rivers District as hereby extended shall be liable for the levies of such rates as well as for special rates hereafter made over the whole of the district.

8 Certain lands of Board to be exempted from rating.

The following property of the Board shall not be deemed to be rateable property within the meaning of section two of the Rating Act, 1925, and consequently shall not be liable for rates:—

(a)

The stop-banks of the Tutaekuri and Ngaruroro Rivers:

(b)

Lands lying between such stop-banks of which there is not an owner or occupier other than the Board:

(c)

Lands used for plantations.

SCHEDULES

FIRST SCHEDULE Area to be excluded from Ward No. 2 and included in Ward No. 1.

All that portion of Ward No. 2, being parts of Te Whare-o-Maraenui Block and the Ahuriri Lagoon Reserve, situate in the Borough of Napier, containing 540 acres, more or less, bounded as follows: Commencing at the northernmost point of Lot 46 on Deposited Plan No. 5290 at the junction of the Taradale and Hyderabad Roads; thence easterly by the southern side of Hyderabad Road to the westernmost corner of Ward No. 1; thence south-easterly by the south-western boundary of the said Ward No. 1, as described in the Second Schedule of the Hawke’s Bay Rivers Act, 1919, to McGrath Street, formerly described as Hastings Street; thence southerly by the western side of McGrath Street to its intersection with the existing southern boundary of the borough; thence generally in a north-westerly direction by the existing borough boundary as described in the New Zealand Gazette of the 31st May, 1934, page 1621, to the point of commencement.

SECOND SCHEDULE Area to be included in the Hawke’s Bay Rivers District and added to Ward No. 2.

All that area in the Hawke’s Bay Land District, situated in Blocks III and IV, Heretaunga Survey District, being part of the Ahuriri Lagoon Reserve, and containing 1,095 acres, more or less, bounded as follows: Commencing at the northernmost point of Ahuriri Harbour Suburban Section No. 12, being part of the land comprised in certificate of title, Hawke’s Bay, Volume 23, folio 195; thence easterly by a right line to the southern side of the southern embankment of the main gravity outfall; thence easterly by the said southern side of the said southern embankment of the main gravity outfall aforesaid to its intersection with the western boundary of the East Coast Railway Reserve; thence generally in a south-easterly direction by the western boundary of the said East Coast Railway Reserve to the existing northern boundary of the district; thence south-west by the existing district boundary, as described in the First Schedule of the Hawke’s Bay Rivers Act, 1919, to the western boundary of Lot 1 on Deposited Plan No. 6211, part Ahuriri Lagoon Reserve; thence in a general northerly direction by the western boundary of the said Lot 1 to the point of commencement.

Hawke's Bay Rivers Amendment Act 1936