This Act may be cited as the Waikato Airport Act, 1939.

In this Act, if not inconsistent with the context,—

There shall be established in accordance with this Act a Board, to be called “the Waikato Airport Board”.

The Board shall be a body corporate with perpetual succession and a common seal, capable of holding real and personal property, of suing and being sued, and of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer.

The Board shall consist of seven members, who, except as hereinafter otherwise provided, shall be appointed in manner following:—

The powers and duties of the Board shall be exercised by it subject to the powers, privileges, and duties hereinafter reserved to or conferred upon the Borough Council, the contributing County Councils, and the contributing Borough Councils respectively.

If from any cause the contributing County Councils being under a duty to appoint a member of the Board shall fail, neglect, or refuse so to do within the time appointed in that behalf, and such failure, neglect, or refusal shall continue for fourteen days after notice in writing shall be given by the Borough Council to each of the contributing County Councils that the Borough Council intends to exercise its powers hereunder, the Borough Council may appoint any person whomsoever, being a bona fide resident of the Waipa, the Waikato, or the Raglan County, to be a member of the Board in lieu of the member who ought to have been so appointed by the contributing County Councils.

If from any cause the Borough Council, being under a duty to appoint a member of the Board, shall fail, neglect, or refuse so to do within the time appointed in that behalf, and such failure, neglect, or refusal shall continue for fourteen days after notice in writing shall have been given by the contributing County Councils to the Borough Council that the contributing County Councils intend to exercise their powers hereunder, the contributing County Councils may appoint any person whomsoever, being a bona fide resident of the Borough of Hamilton, to be a member of the Board in lieu of the member who ought to have been so appointed by the Borough Council.

If from any cause the contributing Borough Councils, being under a duty to appoint a member of the Board, shall fail, neglect, or refuse so to do within the time appointed in that behalf, and such failure, neglect, or refusal shall continue for fourteen days after notice in writing shall have been given by the Borough Council to the contributing Borough Councils that the Borough Council intends to exercise its powers hereunder, the Borough Council may appoint any person whomsoever, being a bona fide resident of any of the Boroughs of Te Awamutu, Cambridge, Huntly, Morrinsville, or Ngaruawahia, to be a member of the Board in lieu of the member who ought to have been so appointed by the contributing Borough Councils.

The first appointment of members, of the Board shall be made within a period of two months from the passing of this Act.

In the year nineteen hundred and forty-two, and in every third year thereafter; the members of the Board for the time being in office shall, subject to the provisions of subsection one of section fourteen hereof, vacate office on the thirtieth day of June, and new members shall be appointed to come into office on that date.

Retiring members shall be eligible for reappointment either by the same or another appointing authority.

The Board shall not be concerned to see or inquire into the validity of any appointment of members, and shall be entitled to accept as conclusive evidence of the validity thereof a notification of any such appointment in writing from the Town Clerk of the Borough Council or the Clerk of one of the contributing County Councils or a Town Clerk of one of the contributing Borough Councils, or the Minister, as the case may be.

The following persons shall be incapable of being appointed to be or being members of the Board, that is to say:—

The Board is hereby declared to be a local authority for the purposes of the Local Authorities (Members’ Contracts) Act, 1934.

If any person while holding office as a member of the Board becomes incapable of continuing to hold office under subsection one of the last preceding section, his office shall be thereby vacated, and such vacancy shall be deemed an extraordinary vacancy.

Every person who does any act as a member of the Board while incapacitated under subsection one of the last preceding section, otherwise than under paragraph (c) thereof, shall be liable to a fine not exceeding fifty pounds.

A member of the Board may resign his office by writing delivered to the Chairman or Secretary of the Board, and in such case, or in the case of his death or his absence without leave of the Board from four consecutive meetings of the Board, his office shall become vacant, and such vacancy shall be deemed an extraordinary vacancy.

If any member of the Borough Council is appointed by it to be a member of the Board and thereafter ceases to be a member of the said Borough Council, he shall, on the expiration of two months after he has so ceased to be a member of the Borough Council, vacate his office as a member of the Board, unless in the meantime he has been confirmed in his office by resolution of the Borough Council. Any vacancy so created shall be deemed an extraordinary vacancy.

In the case of an extraordinary vacancy occurring in the office of a member of the Board—

The appointment of a member to fill an extraordinary vacancy shall be made not later than two months after the vacancy occurs.

A person appointed to be a member of the Board to fill an extraordinary vacancy shall hold office so long only as his predecessor would have held it.

No act or proceeding of the Board shall be invalidated or be deemed illegal in consequence only of the number of the members of such Board not being complete at the time of such act or proceeding.

All acts and proceedings of the Board shall, notwithstanding the fact that there was some defect in the appointment of any person as a member thereof or that any member is disqualified or not entitled to act or vote, be as valid as if every such person had been duly appointed and was qualified to be and to act and vote as a member of the Board.

The Board shall be deemed to come into existence as a corporate body as soon as any member thereof has been duly appointed in accordance with the provisions hereinbefore contained.

Every member of the Board shall, unless he sooner resigns, dies, or vacates his office, hold office until his successor comes into office.

Except in the case of appointments made under subsection two of section seven hereof before the date prescribed by that subsection for their taking effect, every member of the Board shall come into office at the time of his appointment.

No member of the Board shall be personally responsible for any act or omission of the Board or of any member thereof done or omitted in good faith in pursuance or intended pursuance of the authority hereby conferred.

Upon proof in the first instance by affidavit or otherwise that any member of the Board is or has become incapable of holding his office, the Magistrate’s Court in the Borough of Hamilton may grant a summons calling upon the person holding such office to show cause why he should not be adjudged to be ousted of the same.

If on the return of such summons it appears to the Court on affidavit or oral evidence on oath that such person is incapable of holding the said office, the Court may adjudge such person to be ousted of the same, and such person shall be ousted from such office accordingly.

In any such proceeding the Magistrate’s Court may exercise all the powers and authorities which it may exercise in its ordinary jurisdiction in civil cases; and the procedure of such Court shall, so far as applicable, apply generally to proceedings had under this section.

No question which may be tried under this section shall be tried in the Supreme Court; and no proceedings in the Magistrate’s Court hereunder shall be removable into the Supreme Court, by certiorari or otherwise.

The Board may from time to time appoint standing or special committees consisting of two or more persons, and may delegate to such committee any matters for consideration or inquiry or management or regulation, and may delegate to any such committee any of the powers and duties by this Act conferred or imposed upon the Board, except the power to borrow money, to make a by-law, to enter into a contract, or to institute an action.

It shall not be necessary that any person appointed to be a member of a committee under this section shall be a member of the Board, but no power to expend money shall be delegated to any committee unless at least one of the members of the Committee is a member of the Board.

The Board may appoint a member of any Committee to be the permanent Chairman thereof, and such power may be exercised by the Committee where the Board, on the appointment of the Committee, does not appoint a Chairman.

Any Committee may from time to time appoint a deputy Chairman to act in the absence of the Chairman.

The Board may at any time and from time to time discharge, alter, continue, or reconstitute any committee, or discharge any member of a committee, and if it thinks fit appoint another member in his stead.

Every Committee shall, unless sooner discharged by the Board, be deemed to be discharged on the coming into office of the members appointed at the triennial or other general appointment of the whole Board next after the appointment of the Committee.

Every committee to which any powers or duties are delegated as aforesaid may, without confirmation by the Board, exercise or perform the same in like manner and with the same effect as the Board could itself have exercised or performed the same.

Every such Committee shall be subject in all things to the control of the Board, and shall carry out all directions, general or special, of the Board given in relation to such Committee or its affairs.

The first meeting of the Board shall be held at a time and place to be fixed in that behalf by the Borough Council.

An annual meeting of the Board shall be held in the month of July in every year.

Other meetings shall be held as the Board shall from time to time determine.

At the first meeting of the Board and at every annual meeting, and as often as the office of Chairman becomes vacant, the members shall elect one of their number to be Chairman, who shall hold office until the appointment of his successor.

At every meeting for the election of Chairman the Secretary of the Board shall preside, and, in any case of equality of votes, shall determine the election by lot.

The Chairman may be paid such annual allowance, not exceeding one hundred pounds, out of the General Fund as the Board from time to time fixes, but no alteration in the amount of such allowance shall take effect during the term of office of any Chairman. For the purposes of this subsection a person re-elected as Chairman shall be considered a new Chairman.

The Chairman shall preside at each meeting of the Board at which he is present, but in his absence from any meeting the members present shall elect a member to act as Chairman at such meeting.

The Chairman at any meeting shall have a deliberative vote and, in case of an equality of votes, shall also have a casting vote.

No business shall be transacted at any meeting of the Board unless at least a quorum of members is present thereat during the whole time at which the business is transacted.

A quorum shall consist of half of the whole number of the members of the Board (irrespective of any extraordinary vacancies) when that number is even, and a majority of such members when the number is odd.

A member of the Board shall not vote or take part in the discussion of any matter before the Board in which he has, directly or indirectly, by himself or his partner, any pecuniary interest otherwise than as a member of an incorporated company in which there are more than twenty members and of which he is not the general manager or manager. Any member who knowingly offends against the provisions of this subsection shall be liable to a fine not exceeding fifty pounds for every such offence, and upon being so fined his seat on the Board shall become vacant.

Meetings of the Board shall be open to the public, but the Board, for sufficient cause, of which it shall be sole judge, may exclude strangers altogether from any meeting. The Chairman at any meeting may order any constable or officer of the Board to exclude or remove any stranger from the meeting on account of noisy or disorderly conduct or intoxication.

Subject to the provisions hereof, the Board may regulate its own proceedings.

The Chairman of the Board shall be compelled to give all information required of him by or on behalf of the Board on any matter requisite to enable the Board to carry into effect any of the provisions hereof and to produce all books, papers, and documents belonging to the Board which relate to any such matter to any person authorized by the Board to apply for the same.

If the Chairman refuses or neglects to give any such information when called upon so to do, or to produce all or any such books, papers, or documents as aforesaid, he shall be personally liable to a fine not exceeding five pounds for every such refusal or neglect.

The word “Chairman” in this section includes the Acting-Chairman for the time being, and also the person having the control over the books, papers, and documents belonging to the Board.

The Secretary shall keep the minutes of the proceedings of the Board in a book in which he shall enter, subject to the directions of the Board, the names of the members attending each meeting and the names of the members voting on each question on which there is a division, and every resolution, order, or other proceeding of the Board, and any other matter directed by the Board to be entered upon the minutes.

The minutes of the proceedings of every meeting shall be read at the next ordinary meeting succeeding, and, if approved by the Board, or when amended as directed by the Board, shall be signed by the Chairman of such succeeding meeting.

The minutes of proceedings of any meeting of the Board kept as above provided, or an extract therefrom certified as correct by the Chairman or Secretary, shall, unless the contrary is proved, be received as evidence of such proceedings and of the due convening and holding of the meeting; and the validity of all such proceedings shall be presumed unless the contrary is proved.

The minute-book of the Board shall be kept in the office of the Board, and shall be open for inspection without fee during all office hours by any member of the Board or of the Borough Council, the contributing County Councils, and contributing Borough Councils, or any creditor of the Board.

The Board may by resolution from time to time appoint fit persons to be Secretary, Treasurer, Manager, and all such other officers, pilots, officials, clerks, and servants as it may deem necessary to assist in the execution of the powers, duties, and authorities of the Board, and may pay such persons such salaries and allowances out of the funds of the Board as it thinks fit.

No member of the Board shall be capable of holding such office unless without remuneration.

One person may hold two or more of such offices.

The Board may enter into an agreement in writing with any person whom it proposes to appoint or who has been appointed an officer or servant of the Board to the effect that such person shall not, save as provided in such agreement, be removed from office during such period (not exceeding three years from the date of his appointment or the date of such agreement, as the case may be) as is stated in such agreement. Any such agreement may from time to time be renewed for any period not exceeding three years at any one time from the date of such renewal.

During the absence from duty of any officer of the Board by reason of illness, leave of absence, or other cause the duties and powers of such officer may be performed and exercised by an acting officer appointed by the Board, and such appointment may be either general or for some occasion only.

Before any officer entrusted by the Board with the custody or control of moneys by virtue of his office enters on the duties of his office, the Board shall take such sufficient security from him for the faithful execution of his duties as it thinks fit.

The revenues of the Board shall consist of the following moneys, that is to say:—

If the Board shall make default for a period of one month after demand in writing in payment of any moneys payable by way of rent, or any rates, taxes, and outgoings or any portion thereof, payable by the Board, the Borough Council may, by notice in writing to the Board, determine all the Board’s powers and rights hereunder, and thereupon the provisions of subsection two of section seventy-five hereof shall apply as if the Board had been dissolved pursuant to the said section seventy-five.

All moneys belonging to the Board shall, within seven days after they have come into the hands of the proper officer of the Board, be paid into such bank as the Board from time to time appoints.

All moneys raised by way of loan shall be paid into a separate account at the bank for each loan, which account shall be named according to the description of the loan.

All other moneys belonging to the Board shall be paid into an account at the bank, to be called the “General Fund”.

Notwithstanding anything in the foregoing provisions of this section, the Board may, if it thinks fit, and shall if so directed by the Audit Office, pay into a separate bank account all moneys accruing from any business as hereinbefore mentioned undertaken by the Board or moneys appropriated and held by it for any special purposes.

The Board may, if it thinks fit, keep such separate accounts in its books as it deems necessary, and all such separate accounts shall be audited.

No moneys shall be drawn out of the bank, except by authority of the Board, and all moneys shall be paid by the Board in cash or by cheque signed by the Treasurer of the Board and countersigned by any two of such of its members as the Board from time to time authorizes to countersign cheques.

The Board may, in any case where it is deemed advisable that any sum of money at credit of any account should be placed on deposit at interest, deposit such sum of money with any bank approved by the Board, or, with the consent of the Governor-General in Council, may deposit such sums with any other local authority entitled by law to receive moneys on deposit.

It shall be lawful for the Board, if it thinks fit, to pay to any member thereof the amount reasonably and actually expended by him by way of travelling-expenses in attending the meetings of the Board or in respect of his attending to any business of the Board when authorized so to do by the Board.

The Board may hire, or may acquire and maintain, motor-cars or other means of conveyance for use in the performance by the Chairman and members of their official duties.

All moneys paid or purporting to be paid by the Board by promissory note or bill shall be deemed to be moneys unlawfully expended or applied within the meaning of section one hundred and twenty-seven of the Public Revenues Act, 1926, and the provisions of that section shall apply with respect thereto accordingly.

The Board shall have power to compound with any person for such sum of money or other recompense as it thinks fit in respect of the breach of any contract or of any penalty incurred thereunder or of any debt due by or to the Board or of any damage done by the Board or its servants, or to submit any such matter to arbitration, whether before or after any action or suit is brought for or in respect of the same.

All moneys received by the Board by way of revenue shall be applied in exercising powers hereby granted to or vested in the Board, including the establishing, managing, administering, and improving of the aerodrome, and generally in carrying into execution the purposes and objects of this Act in such a manner as the Board in its absolute discretion may think fit.

If in any year the Board shall have a surplus revenue after satisfying the requirements of the Board in the exercise of its powers as aforesaid and after setting aside so much thereof as may be considered necessary in anticipation of the future requirements of the Board, the balance of such surplus revenue shall be paid to the Borough Council and belong to the Corporation. All moneys received by the Borough Council under this subsection shall be applied by it, so far as they will extend, in or towards payment of the annual charges or payments of principal or interest in respect of any loan raised by the Borough Council for the purposes of the aerodrome if the contributing County Councils or any of the contributing Borough Councils are liable to contribute thereto, and the contributions payable by the Borough Council, the contributing County Councils, and the contributing Borough Councils shall be reduced accordingly.

It shall not be lawful for the Board to borrow money except from the Borough Council, nor shall it be lawful for the Board at the end of any year to owe, except to the Borough Council as aforesaid, any sum or sums in the aggregate greater than such part of the revenue of the Board for the year then ended as remains outstanding and unpaid and properly payable to the Board.

The Board may in any financial year, out of its revenues, expend for purposes not authorized by any Act or law for the time being in force any sum or sums not amounting in the aggregate to more than twenty-five pounds.

No claim of any creditor of the Board shall attach to or be paid out of the public revenues of New Zealand or out of the revenues of the Borough Council or contributing County Councils, or contributing Borough Councils, or attach to or be paid by the Government or by the Borough Council, or contributing County Councils, or contributing Borough Councils.

The Board shall keep full and correct accounts of all moneys received and expended by it and of its assets and liabilities, and shall within twenty-eight days after the end of every financial year cause to be prepared a balance-sheet, together with a statement of income and expenditure for that year.

A copy of such balance-sheet and statement shall be sent to the Borough Council, each of the contributing County Councils, each of the contributing Borough Councils, and the Controller of Civil Aviation within two months after the end of every financial year.

All accounts of the Board shall be audited by the Audit Office, which for that purpose shall have and may exercise all such powers as it has under the Public Revenues Act, 1926, in respect of public moneys and the audit of local authorities’ accounts.

Any member of the Board or ratepayer of the constituent authorities may inspect the accounts of the Board and take copies from any part thereof, at all reasonable times; and every person who refuses or obstructs such inspection or copying of any account in his custody or control is liable to a fine not exceeding five pounds.

Subject to the provisions of this Act, the Board may provide, operate, and maintain an airport for the district of Waikato, and for or in connection with that purpose may do all or any of the following things:—

The powers specified in each paragraph of this section shall, except where otherwise expressed in such paragraph, be deemed to be independent powers and shall be in no way modified or restricted by reference to or inference from the powers indicated in any other paragraph of this section.

Any power conferred upon the Board by this Act to establish or carry on at the aerodrome any business or to buy or sell any plant, appliances, or commodities of any kind shall include the power to act as agent for any person, firm, or company in respect thereof respectively, and the power to grant on such terms and conditions as the Board may deem desirable to any person, firm, or company the right to carry on any such business at the aerodrome.

Notwithstanding any of the provisions hereof, the Board shall not have power to establish or to apply any of its funds to the establishment of any aerodrome or airport (or to purchase or otherwise acquire lands for an aerodrome or airport) to be run in opposition to the aerodrome or airport established upon the lands described in the First Schedule to this Act:

Provided that nothing herein shall preclude the Board from exercising its powers under paragraph (c) of the last preceding section.

In exercising its powers and authorities hereunder the Board shall comply in all respects with the provisions of any by-laws applying to the aerodrome and of the Air Navigation Act, 1931, and any regulations made thereunder, and of any other Act or regulations, and shall comply with all lawful requisitions made by the Controller of Civil Aviation or by the Minister.

Where any electric line, telegraph-line, building, fence, tree, or other erection or obstruction (all hereinafter included in the term obstruction) situate on any land adjacent to the aerodrome in the opinion of the Board interferes with or is likely to interfere with the operation of the aerodrome or the landing or taking-off of aircraft thereon or therefrom by day or night, the Board may, with the consent in writing of the owner of any such obstruction, remove the same and re-erect or replant it in some other position, or pay to the owner the cost of so doing, together with such further sum (if any) as may be agreed upon for compensation.

Subject to the provisions of sections five and forty-five hereof, nothing in this Act shall take away, restrict, or modify any power conferred upon the Board by the Local Authorities Empowering (Aviation Encouragement) Act, 1929, the Public Works Act, 1928, or any other Act.

Subject to the condition that nothing herein shall limit or restrict any powers or duties vested in the Controller of Civil Aviation or any officer of the Government charged with the administration of the regulations under the Air Navigation Act, 1931, the control and supervision of flying operations on or about the aerodrome, the use of the aerodrome by aircraft, and the administration and enforcing of the said regulations and of any by-laws relating to the aerodrome shall be vested in the Board.

The Board may by special resolution make rules not inconsistent with any by-law applying to the aerodrome or with any regulations under the Air Navigation Act, 1931, or with any other Act or regulations providing for the control and supervision of flying operations on or about the aerodrome or the manoeuvring of aircraft on the aerodrome.

Every person who commits a breach of any rule of the Board hereunder shall be liable to a fine not exceeding twenty pounds.

A copy of every rule made by the Board hereunder shall, within seven days after the making thereof, be sent by the Board to the Minister, who may at any time within three months after the making of such rule disallow the same or any part thereof, and upon such disallowance being gazetted such rule or part thereof shall be deemed to have been revoked.

In the exercise of its powers and duties hereunder the Board shall not erect, construct, or make, or permit or suffer to be erected, constructed, or made, any buildings, erections, obstructions, or excavations, and shall not plant or permit or suffer to be planted any tree or shrub in any part of the aerodrome without first—

The Board may from time to time take out and maintain policies of insurance indemnifying it against any loss, damage, or claim that may be suffered by or made against the Board.

It shall be the duty of the Board to keep all buildings and other property of the Board insured against fire in their full insurable value in some reputable company carrying on business in Hamilton.

It shall be the duty of the Board to take out and maintain in some reputable company carrying on business in Hamilton a policy indemnifying the Board against all claims which might be made against it under the Workers’ Compensation Act, 1922, or at common law, in respect of compensation or damages payable to any workman or servant of the Board or his dependants, or which might be or become a charge upon the Board’s interest in the said lands.

In the event of the Board failing, neglecting, or refusing to take out and maintain any policy required under section fifty-two or section fifty-three hereof, the Borough Council may, as the agent of the Board, take out such a policy or policies and recover the cost incurred in so doing from the Board as a debt due to the Corporation.

The Board may from time to time set aside out of its revenue any moneys to form a fund or funds for the repair, renewal, replacement, or improvement of any depreciable property, buildings, plant, fixtures, or appliances of the Board, or for the purpose of purchasing additional property, buildings, plant, fixtures, or appliances of the class for which the fund or funds is or are so established. Any moneys so set aside shall be placed in a separate bank account.

The Board may from time to time apply the moneys set aside only to the purposes aforesaid, or any of them, and may invest any moneys so set aside and pay the proceeds of such investment into the said fund or funds.

Any investment under this section shall be made in the manner following, that is to say

The Board may from time to time, with the consent of the Minister of Finance, transfer to its general account any moneys for the time being in any fund formed under this section.

The Board shall be deemed to be a local authority for the purposes of the National Provident Fund Act, 1926.

For the purposes of the Rating Act, 1925, the Noxious Weeds Act, 1928, and the Health Act, 1920, the Board shall be deemed to be the owner and occupier of the aerodrome.

The common seal of the Board shall not be affixed to any deed or instrument except in the presence of two of the members of the Board, and every deed or instrument for which such seal is required shall be signed by two of the members and by the Secretary of the Board.

Any contract which if made between private persons must be by deed shall if made by the Board be in writing under the seal of the Board.

Any contract which if made between private persons must be in writing signed by the parties to be charged therewith shall if made by the Board be either under the seal of the Board or signed by two members of the Board on behalf of or by direction of the Board.

Any contract which if made between private persons may be made verbally without writing may be similarly made by or on behalf of the Board by any two members acting by direction of the Board; but no verbal contract shall be made for any sum exceeding twenty pounds.

Notwithstanding any of the foregoing provisions of this section, no contract made by or on behalf of the Board shall be invalid by reason only that it was not made in the manner provided by this section, if it was made pursuant to a resolution of the Board or to give effect to a resolution of the Board.

The Board may, with the approval of the Controller of Civil Aviation and subject to the terms and conditions hereinafter mentioned, and upon such additional terms and conditions not inconsistent with the provisions hereof as it deems fit, let by way of lease any land being part of the aerodrome upon terms permitting the lessee to erect thereon buildings for the housing, repair, and construction of aircraft, or for accommodation-houses, hotels, general stores, petrol-stations, or any other buildings, equipment, or appurtenances necessary or desirable in the opinion of the Board for the purposes of the airport.

No such lease shall be for a term exceeding ten years:

Provided that, with the precedent consent of the Minister, a lease may be granted for any term not exceeding twenty-one years, and may contain such rights of renewal, for not more than twenty-one years at any one time, as the Minister approves.

No building shall be erected by the lessee except in accordance with plans and specifications approved by the Board and complying with the provisions of any by-law applying thereto.

If at any time during the term of any such lease the land demised thereby or any part thereof is required by the Board for the purposes of the aerodrome, the Board may terminate such lease as to the whole of the demised land or so much as is required as aforesaid without the payment of compensation (unless the same be expressly authorized as hereinafter mentioned by the provisions of the lease) or liability to any action or claim for damages in respect of such termination.

Any such lease may contain a provision that upon the termination thereof as to the whole of the demised land or so much as is required as aforesaid the Board shall pay to the lessee compensation for the then value of the buildings then upon the demised land or the part thereof resumed, as the case may be, such value to be determined at the time of such termination of lease, and if not mutually agreed upon such value shall be determined by two arbitrators and their umpire pursuant to the provisions of the Arbitration Act, 1908:

Provided always that no such provision as aforesaid shall be contained in any such lease unless a further provision be also inserted therein fixing the maximum value of any building to be erected by the lessee upon the demised land, and under no circumstances whatsoever shall the compensation payable to the lessee under the lease exceed the maximum value so fixed.

If at any time during the term of any such lease the Board shall be of opinion that any building, erection, tree, or thing on any part of the demised land restricts or may restrict or in any way interferes with the free manœuvring of aircraft on or over the aerodrome, or in any way whatsoever interferes with the full and efficient use of the aerodrome, the Board may require the lessee to remove any such building, erection, tree, or thing without the payment of compensation or liability to any action or claim for damages in respect thereof except as provided in the next succeeding subsection. In such event the Board shall give written notice to the lessee requiring him within a period stated in such notice to remove such building, erection, tree, or thing, and if the lessee shall fail, neglect, or refuse to comply with the provisions of any such notice within the period therein mentioned the Board may effect such removal, and the lessee shall upon demand by the Board pay to it the expenses incurred in and about such removal, or, at its option, the Board may terminate the lease and all the rights or privileges of the lessee thereunder.

If under the last preceding subsection the Board requires or effects the removal of any building or erection erected by the lessee under and in accordance with the provisions of the lease, the Board shall pay to the lessee reasonable compensation therefor to be determined by reference to the lessee’s interest therein as at the time of removal, and if not mutually agreed upon such compensation shall be determined by two arbitrators and their umpire pursuant to the provisions of the Arbitration Act, 1908.

The Board may by special resolution—

If at any time the Board is of the opinion that any outstanding services rendered by any person to the advancement of aviation in New Zealand, or to the advancement of the Waikato Airport, are worthy of such recognition, it may confer upon that person the honour of the freedom of the airport.

In conferring such honour the Board shall observe the provisions set out in the Second Schedule hereto, and every such honour conferred by the Board shall be subject to the conditions, stipulations, and reservations set out in the said Schedule.

In all proceedings in which the Board is concerned under any Act and in all proceedings in a Magistrate’s Court or before any Justice the Chairman or any member appointed for the purpose by resolution of the Board, or the Secretary or any other officer of the Board appointed by the Chairman in writing under his hand, may represent and may act on behalf of the Board.

No action or proceeding shall lie against the Board or any member or officer of the Board or of any committee appointed by the Board, or any other person acting under the authority or in the execution or intended execution or in pursuance of this Act, for any alleged irregularity or trespass or nuisance or negligence or any act or omission whatsoever unless notice in writing specifying the cause of the action or proceeding and the name and residence of the intending plaintiff or prosecutor and of his solicitor or agent in the matter is given by the intending defendant one month at least before the commencement of the action or proceeding.

Every such action or proceeding shall be commenced within six months next after the act or thing complained of is done or omitted, or, in case of continuation of damage within three months next after the doing of such damage has ceased, and not afterwards.

Every such action or proceeding shall be laid and tried in the place where the cause of action or a material part thereof arose, and not elsewhere.

In any such action or proceeding the defendant may plead generally that the act or thing complained of was done or omitted under the authority or in the execution or intended execution or in pursuance of this Act, and may give all special matter in evidence.

On the trial or hearing of any such action or proceeding the plaintiff or prosecutor shall not be permitted to go into evidence of any cause or ground thereof not stated in the notice given by him under this section.

The plaintiff in any such action shall not succeed if tender of sufficient amends is made by the defendant within one month after the giving of the notice of action; and in case no tender has been made the defendant may, in accordance with the practice of the Court in which the action is brought, or by leave of the Court, at any time pay into the Court such sum of money as he thinks fit; thereupon such proceedings and order shall be had and made in and by the Court as may be had and made on the payment of money into Court in an ordinary action.

In cases of injury to the person the person injured shall permit himself to be examined by any medical practitioner appointed by the Board, and in every case the property injured and all accounts and vouchers in respect of the injury (whether to person or property) may be examined by any person appointed by the Board or the Chairman.

In cases of injury to the person (whether resulting in death or not) the Court may, before or at the trial, waive the non-compliance or insufficient compliance with subsections one and two hereof if satisfied that there was reasonable excuse, and on such terms as the Court thinks fit.

Where under the provisions hereof or of any regulation under the Air Navigation Act, 1931, any by-law or any rule of the Board respectively relating to the aerodrome proceedings may be taken against any person for a breach thereof respectively, such proceedings may (without in any way restricting the powers vested in any other person in that behalf) be commenced upon information or complaint laid by the Controller of Civil Aviation, by any officer of the Board or of the Borough Council, or by any person authorized by the Controller of Civil Aviation, the Board, or the Borough Council.

Every order, notice, or other document requiring authentication by the Board may, unless otherwise provided, be signed by any two members of the Board or by the Secretary, and need not be under seal.

Any summons, writ, or other legal proceedings requiring to be served on the Board may be served by being left at the office of the Board or given personally to the Secretary thereof.

The Board may from time to time make such by-laws as it thinks fit for all or any of the following purposes:—

A copy of every by-law made by the Board shall, within seven days after the making thereof, be sent by the Board to the Minister, who may at any time within three months after the making thereof disallow the same or any part thereof, and upon such disallowance being gazetted such by-law or part thereof shall be deemed to have been revoked.

Every person who damages any of the buildings, works, plant, machines, machinery, appliances, or conveniences erected or constructed or used under the provisions hereof shall be liable for the amount of such damage to be recovered by any person authorized in that behalf by the Board in any Court of competent jurisdiction, and if such damage be done wilfully shall be liable in addition to a fine not exceeding fifty pounds.

Every person who wilfully obstructs, molests, or makes use of any threatening language to any officer of the Government, Borough Council, or Board, or any workman or other person who may be performing any duty or executing any work which he has lawful authority to do under or by virtue of the provisions hereof, shall be liable to a fine not exceeding twenty pounds.

Every person who wilfully or negligently breaks, throws down, damages, or takes away any lamp, lighting-apparatus, or other work set up for the purpose of lighting the aerodrome or approaches thereto, or wilfully extinguishes any light within such lamp, shall be liable for the amount of injury or damage done, and also in addition to a fine not exceeding fifty pounds.

All fines recoverable under the provisions hereof or any rules made by the Board hereunder may be recovered in a summary way before two or more Justices, and when recovered shall be paid into the Public Account to the credit of the Consolidated Fund and be subject to section thirteen of the Finance Act, 1927 (No. 2).

Where under the provisions of this Act the Board recovers from any person any sum in respect of damage to the property of any person, Corporation, or body other than the Board it may at any time after receiving such sum pay the same, after deducting the costs incurred by the Board, to the owner of such property.

All moneys payable or owing by any person to the Board, whether in respect of revenue or otherwise howsoever, may be recovered in any Court of competent jurisdiction.

All persons in the service of the Government acting in the execution of their duty shall at all times have free ingress, passage, and egress in, through, and out of the aerodrome and any buildings thereon.

The Governor-General may at any time dissolve the Board in manner following:—

Upon such dissolution by the Governor-General—

Notwithstanding anything to the contrary contained in subsection two of section four of the Local Authorities Empowering (Aviation Encouragement) Act, 1929, the Borough Council, the contributing County Councils, and the contributing Borough Councils are hereby empowered to agree between them to contribute towards the establishment and maintenance of the aerodrome, and any agreement made hitherto as aforesaid is hereby validated.

The Borough Council, the contributing County Councils, and the contributing Borough Councils are hereby empowered to enter into and execute such deeds of covenant and agreement with each other as may be requisite for the purpose of carrying out the intentions of this section.

The Borough Council may from time to time under and subject to the provisions of the Local Government Loans Board Act, 1926, and the Local Bodies’ Loans Act, 1926, raise a special loan or special loans for all or any of the following purposes, namely:—

The Borough Council may pay any moneys out of its General Fund for any such purpose or purposes and may reimburse the General Fund out of any special loan or loans.

Upon any such special loan being raised as aforesaid the Borough Council may, with or without any condition requiring the repayment thereof as hereinafter mentioned, pay the same or any part thereof to the Board without being liable to see to the proper expenditure thereof.

Upon any such special loan being raised and the same or any part thereof paid to the Board as aforesaid, the Board shall apply the proceeds of such loan for the purposes for which such special loan was raised, and for no other purpose.

Before the proceeds of any such special loan are paid over by the Borough Council to the Board the Borough Council and the Board may, by instrument in writing executed on behalf of both parties, agree that any such moneys as aforesaid shall be repaid to the Borough Council at such time, in such instalments, and upon such terms and conditions as shall be set out in such instrument. If no such instrument in writing be executed as aforesaid the Board shall not be liable to repay such moneys to the Borough Council.

Without limiting the power to borrow set forth in subsection one of the last preceding section, the Borough Council may raise any special loan or special loans for all or any of the purposes set forth in the said subsection, not exceeding in the aggregate a sum of fifteen thousand pounds, by special order or orders under the Local Bodies’ Loans Act, 1926, without taking the steps prescribed in sections nine to thirteen of that Act.

The Borough Council may out of its General Fund pay and advance to the Board such sum or sums as it thinks fit, not exceeding in the aggregate five hundred pounds, towards any expenses that may be incurred by the Board before the end of the financial year in which it is constituted. All moneys advanced by the Borough Council under this section shall be repayable by the Board on demand, and shall be recoverable by the Borough Council as a debt due to it by the Board.

The Borough Council, the contributing County Councils, and the contributing Borough Councils may from time to time out of their General Funds provide such sums as they think fit for the development, improvement, maintenance, and upkeep of the aerodrome, or for any work, plant, material, or thing the Board has power to undertake, purchase, or expend money upon, or for the payment of any liability incurred by the Board under the provisions of this Act, and pay such sums to the Board without being liable to see to the proper expenditure thereof.

The Borough Council, before paying to the Board any such sum or sums, may attach such conditions or directions as to the expenditure and application thereof as the Borough Council may by the resolution making such grant or grants or by any other resolution determine.