This Act may be cited as the Auckland Metropolitan Drainage Act, 1944, and shall come into operation on the first day of February, nineteen hundred and forty-five.

In this Act, unless the context otherwise requires,—

Where for the purposes of this Act it is necessary to ascertain or calculate the rateable capital value or population of any area, such value or population, as the case may be, shall be ascertained or calculated as at the thirty-first day of March in the preceding calendar year, subject to the provisions of the Population Estimates Emergency Regulations 1942.

There is hereby constituted for the purposes of this Act a district, to be called the Auckland Metropolitan Drainage District, comprising—

as shown on a plan deposited in the office of the Chief Surveyor at Auckland under Number S.O. 29649.

The Governor-General may from time to time, by Order in Council, on the petition of the Board, alter the boundaries of the Inner Area so as to include therein or exclude therefrom any area that in his opinion should be included in or excluded from the Inner Area, as the case may be.

Such petition shall be publicly notified by means of an advertisement which shall be published at least once in a daily newspaper in general circulation in the district and which shall state the purpose of the petition, describe the area to which the petition relates, and specify a date (being a date not earlier than one calendar month after the date on which such advertisement is first published) before which all objections shall be lodged with the Minister of Internal Affairs and a copy thereof with the Board.

If any objections to the proposed alteration are lodged as aforesaid, the Governor-General may appoint any person or persons to be a Commission of Inquiry under the Commissions of Inquiry Act, 1908, to inquire into and report upon the said proposals, but no question of the main drainage being under the control of the Board shall be at issue in any such inquiry.

The Governor-General may, in making any such alteration to boundaries, declare any area which is to become part of the Inner Area, and which is not to be drained by an extension of the main sewerage system of the Inner Area, a special area, and in such case the following provisions shall apply to such special area:—

The Governor-General in making any such alteration of boundaries may make provision for equitable representation on the Board of any area then included within the Inner Area, including, if he thinks fit, an alteration in the number of the members of the Board.

There shall be for the district a Drainage Board which shall be a body corporate under the name of the Auckland Metropolitan Drainage Board and shall have perpetual succession and a common seal, with power to purchase, take on lease, hold, deal with, and dispose of by sale, lease, or exchange real and personal property, and to do and suffer all that bodies corporate may lawfully do and suffer.

The Board shall be deemed to be a local authority under the Public Works Act, 1928, the Local Elections and Polls Act, 1925, the Health Act, 1920, the Local Bodies’ Finance Act, 1921–22, the Local Authorities (Members’ Contracts) Act, 1934, the Local Bodies’ Loans Act, 1926, and the Local Government Loans Board Act, 1926, and, subject to the express provisions of this Act, the provisions of the said Acts shall extend and apply to the Board.

The Board shall consist of fifteen members, of whom eight shall be elected by the Auckland City Council, two by the Borough Councils of Mount Eden and Newmarket, two by the Mount Albert Borough Council and the Mount Roskill Road Board, two by the Borough Councils of One Tree Hill, Onehunga and Ellerslie, and one by the Otahuhu Borough Council, the Mount Wellington Road Board, and the Papatoetoe Town Board.

In the month of February in the year nineteen hundred and forty-five, and in the month of June in the year nineteen hundred and forty-seven, and in the month of June in every third year thereafter, in each case on a day fixed by the Board in that behalf,—

With respect to every election of members by local authorities pursuant to paragraph (b) of subsection one hereof the Board shall make all necessary arrangements for and conduct such election, and each local authority shall be entitled to nominate one candidate for its own constituency, and the voting-powers of the local authorities in each constituency shall be determined according to the mean proportion of the rateable value and population of the local districts in the constituency. Any question arising as to the relative voting-powers of any local authority shall be settled by the Board.

Every member of the Board elected under the last preceding section shall come into office on the day following that on which he is elected, and, unless his office sooner becomes vacant, shall continue in office until members elected at the next election under that section come into office.

Every member elected to fill any extraordinary vacancy occurring on the Board shall come into office on the day following that on which he is elected and shall hold office only for the residue of the term for which his predecessor was elected.

The office of a member shall become vacant if he—

If any person does an act as a member after his office has become vacant under this section, he shall be liable to a fine of fifty pounds.

Any vacancy occurring under this section shall be deemed an extraordinary vacancy.

In the event of an extraordinary vacancy occurring within three months before the month fixed for the next election of members of the Board the same may be filled by the Board, and in other cases an election shall be held by the local authority or authorities represented by the member whose seat has been vacated.

Upon proof in the first instance, by affidavit or otherwise, that any member of the Board is or has become incapable under this Act of holding his office, any Magistrate’s Court in the district 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 under this Act of holding the said office, the Court may adjudge such person to be ousted of the same, and such person shall be ousted of 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 matter in relation to a disputed election shall be heard by the Magistrate’s Court 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 shall at its first meeting, and thereafter at the first meeting following the election of a new Board, appoint one of its members to be Chairman of the Board.

At every meeting for the election of Chairman the Secretary shall preside while the Chairman is being elected, or if there shall be no Secretary, then some person appointed by the Board, not being a member of the Board, shall so preside, and in the case of an equality of votes, shall determine the election by lot in such manner as the Board determines.

The Chairman shall come into office on his election and shall hold office until the election of his successor.

The Chairman may resign his office by writing under his hand delivered to the Secretary, and in such case, or in the case of his ceasing from any cause to be a member of the Board, his office shall become vacant, and the Secretary shall forthwith convene a meeting of the Board for the election of a fresh Chairman.

The Board may from time to time appoint one of its members to be Deputy Chairman either for a specified period or until the next annual meeting of the Board.

The Chairman may be paid out of the funds of the Board such annual allowance not exceeding two hundred pounds as may from time to time be fixed by the Board, but no alteration in the amount of the allowance shall take effect during the term of office of the Chairman for the time being.

For the purpose of this section a person re-elected Chairman shall be deemed a new Chairman.

The first meeting of the Board shall be convened by the Secretary and shall be held at such time and place as he may appoint, and if no quorum is present within half an hour of the time fixed for the holding of such meeting the same shall stand adjourned from day to day at the same time and place until a quorum is assembled.

The Board may from time to time appoint standing or special committees consisting of two or more persons, and may relegate 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 rate, to make a by-law, to enter into a contract, to institute an action, or to make assessments upon contributing authorities.

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.

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 elected at the general election 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.

At every meeting of the Board the Chairman if present or, in his absence, the Deputy Chairman (if any), shall be the Chairman. If the Chairman and the Deputy Chairman (if any) are absent from any meeting of the Board, then such member as the members of the Board then present shall choose shall be the Chairman of such Board meeting.

A quorum of the Board shall consist of eight members.

The Board may fix the quorum of any committee appointed by it, and in default of its so doing the committee may fix the quorum.

A meeting shall be duly constituted if a quorum is present thereat, whether voting or not.

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

All acts of the Board and of any committee, and all questions before the Board or any committee, may be done and decided at a meeting of the Board or committee by the majority of such members of the Board or committee as are present and vote at such meeting.

The Chairman of any meeting of the Board or of any committee shall have a deliberative vote, and in case of equality of votes shall have a casting vote also.

A member of the Board or of any committee shall not vote or take part in the discussion of any matter before the Board or committee 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 neither a director nor the general manager.

A member who knowingly offends against this section is liable to a fine not exceeding fifty pounds for every such offence, and upon conviction his seat on the Board and in any committee shall become vacant.

No act or proceeding of the Board or of any committee or of any person acting as a member of the Board shall be invalidated in consequence of there being a vacancy in the number of the Board at the time of such act or proceeding, or of the subsequent discovery that there was some defect in the election or appointment of any person so acting, or that he was incapable of being such member.

The Board shall hold such ordinary meetings at such times and at such places as it from time to time appoints.

The Chairman or the Secretary shall give notice in writing to each of the members of the time and place appointed from time to time for holding ordinary meetings, and the members shall attend such meetings without further notice of each meeting.

The Board shall hold an annual meeting in the month of July in each year.

There may be paid to the Chairman and to the members of the Board out of the funds of the Board all amounts actually and reasonably expended by them in attending meetings of the Board or of any committee thereof, or travelling on the business of the Board pursuant to a resolution of the Board.

The Board may, by resolution, subject to the provisions of this Act, make rules—

The Board may from time to time provide and maintain public offices, within or without the district, with fitting furniture for the same, for holding its meetings and transacting its business and for the use of its officers and for any other purposes, and may purchase or take on lease land or buildings for such purposes, or may cause buildings to be erected on any land belonging to or leased to the Board, or any such building to be added to or improved.

The Board may, by resolution, from time to time appoint fit persons to be Engineer, Secretary, Treasurer, and all such other officers and servants as it thinks necessary to assist in the execution of this Act, and may pay such persons such salaries and allowances out of the funds of the Board as it thinks fit.

One person may hold two or more of such offices.

No person shall be appointed as Engineer to the Board or, if there are more engineers than one, as the chief or principal engineer unless he is registered as an engineer under the Engineers Registration Act, 1924:

Provided that nothing in this subsection shall be deemed to prohibit the appointment of any person as the chief or principal engineer of the Board if that person, at the passing of this Act, is employed by the Auckland and Suburban Drainage Board as an engineer.

Every person appointed to receive any moneys payable to the Board shall give to the Board sufficient approved security for the faithful execution of his office and the duly accounting for all moneys received by him on behalf of the Board:

Provided that, in lieu of or in addition to taking security from any officer, the Board may provide against any losses that may arise in the event of his dishonesty by taking out a guarantee policy and paying the premiums thereon, or by creating a special fund for the purpose, or partly by one method and partly by the other.

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 any such appointment may be either general or for some occasion only.

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

The Board may by any such by-law provide a penalty for every breach thereof to an amount which shall be in the discretion of the Court inflicting the same, and shall in no case exceed the sum of twenty pounds for a single offence or the sum of five pounds a day for a continuing offence.

Any by-law made by the Board shall within the district override any by-laws on the same subject-matter made by any local authority.

Any local authority may, with the consent of the Board, undertake within its own district the enforcement and administration of any by-laws made by the Board, and in such case all fines imposed for breaches of the Board’s by-laws within the district of such local authority shall, subject to the provisions of section thirteen of the Finance Act, 1927 (No. 2), be paid to the local authority and be dealt with by it as if they were fines imposed in respect of breaches of the by-laws of such local authority.

By-laws of the Board shall be made only in the manner and subject to the conditions following:—

Every special order made hereunder may be made and proved in the same way, mutatis mutandis, as a special order of a Borough Council is required to be made and may be proved under the Municipal Corporations Act, 1933.

The Board may from time to time enter into such contracts with any such persons as it thinks fit for the execution of any works directed or authorized by this Act to be done by the Board or for furnishing materials or for any other thing necessary for the purposes of this Act.

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 may, if made by the Board, be in writing signed on behalf of the Board by some person duly authorized in that behalf.

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.

Notwithstanding anything in 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 main sewers and drains, pumpingstations, storage tanks, outfall, and all other works and property controlled by or vested in the Auckland and Suburban Drainage Board shall, on the coming into operation of this Act, be under the control of or vested in the Board without any conveyance or assignment other than this Act, and all rights and obligations of the Auckland and Suburban Drainage Board shall devolve upon and become the rights and obligations of the Board.

All debentures and other securities heretofore issued or executed by the Auckland and Suburban Drainage Board shall be deemed to have been issued or executed by the Board, and the provisions of this Act shall apply thereto as if they had been issued or executed by the Board under this Act.

The Sinking Fund Commissioners appointed by the Auckland and Suburban Drainage Board shall be and become the Sinking Fund Commissioners of the Board under the title of the Auckland Metropolitan Drainage Board Sinking Fund Commissioners, and the Board and the Commissioners shall respectively have the same rights, powers, and obligations as if the Commissioners had been appointed by the Board.

The officers and employees of the Auckland and Suburban Drainage Board shall be and become the officers and employees of the Board, and until the first meeting of the Board the powers hereby vested in the Board may be exercised on its behalf by the Secretary.

The Board shall have within the Inner Area of the district the sole right to construct, maintain, and manage all main sewers and drains, pumpingstations, storage tanks, outfalls, and treatment-works for sewage:

Provided that nothing in this Act shall operate to prevent the establishment or maintenance of works for the treatment or disposal of trades waste, refuse, or other substances which the Board’s drainage system is not designed to receive or deal with or which the Board will not permit to be discharged into such system.

Where any main sewer or drain, pumpingstation, storage tank, or outfall has already been constructed within the Inner Area of the district by some local authority, the same shall be taken over by and vested in the Board at such price and upon such terms and conditions as may be agreed upon between the Board and such local authority or, in the event of their being unable to agree, as may be settled by arbitration under the Arbitration Act, 1908.

Where any main sewer or drain, pumpingstation, storage tank, or outfall has been constructed by any local authority in any area which is included in the Inner Area at any time after the commencement of this Act, the same shall at that time be taken over by and vested in the Board at such price and upon such terms and conditions as may be agreed upon between the Board and such local authority or, in the event of their being unable to agree, as may be settled by arbitration under the Arbitration Act, 1908.

The Board may construct, maintain, and operate within or outside the district all such main sewers, main drains, pumping-stations, storage tanks, outfalls, treatment-works, and other works and things as may in the opinion of the Board be advisable for the efficient drainage of the district.

The treatment-works and outfall for the district shall be constructed on the island in the Hauraki Gulf known as Motukorea or Brown’s Island, and the effluent from the said treatment-works may be discharged by the Board into the waters surrounding the said island.

The construction of the submarine sewer to Motukorea and of the outfall pipes shall be subject to the approval of the Marine Department and of the Auckland Harbour Board as to location, depth, and other details of construction, and such approval must be obtained before the construction of the said works is commenced.

The Board shall from time to time obtain the approval of the Auckland Harbour Board as to the degree and character of purification of the effluent to be discharged from the said works, and shall not discharge or permit to be discharged therefrom any effluent not conforming to the degree and character of purification for the time being approved by the said Harbour Board. Such approval may be granted for such period as the Harbour Board thinks fit, and at the expiration thereof a fresh approval shall be obtained.

No sewage shall be discharged from any portion of the Inner Area of the district into the waters of the Waitemata or Manukau Harbours or of the Tamaki River or the Hauraki Gulf except through the main sewers of the Board, and the Board shall as soon as conveniently practicable provide for the sewage from the Inner Area of the district to be conveyed to Motukorea, to be there treated and discharged:

Provided that any existing drain may be allowed to continue to discharge sewage until the Board has completed provision for conveying such sewage to its treatment-works:

Provided also that this subclause shall not apply to any discharge from storm-water overflow chambers forming part of the drainage system of any local authority.

The Board shall be entitled to occupy, free of rent to any person or corporation, all lands in the said Auckland Harbour on, over, or under which any of the said sewers or works are constructed or laid, and the Auckland Harbour Board shall at the request and cost of the Board transfer to the Board all its interest in the strip of land forming part of the bed of the Auckland Harbour at Orakei and lying between the storage tanks of the Auckland and Suburban Drainage Board and the cliff.

The Board may, subject to compliance with the provisions of section one hundred and seventy-one of the Harbours Act, 1923, and with the precedent consent of the Auckland Harbour Board, but without obtaining any special Act of Parliament, reclaim any land in the Waitemata Harbour that may be required by the Board in connection with its drainage operations, and any land so reclaimed shall be vested in the Board.

The Board shall and will, if and when requested so to do by the Auckland Harbour Board, complete the construction of the main sewer across Hobson Bay up to the western side of the Orakei Basin Channel so as to form such a reclamation wall as will enable the Auckland Harbour Board to reclaim land inside such wall.

The Board shall be entitled to recover from the Auckland Harbour Board, and the said Harbour Board shall and will, upon demand, pay to the Board, one-half of any amount that may be paid by the Board to any person on account of any injury to or interference with riparian rights or rights of access to water on the foreshore of the said harbour by any of the operations of the Board under the provisions of the last preceding subsection hereof and of any costs that may be incurred by it in connection with any such claim; but the Board shall not, without the previous written consent or approval of the Auckland Harbour Board, make any such payment unless the amount has been fixed and determined by some competent tribunal.

In any matter where the consent or approval of the Auckland Harbour Board is required such consent or aproval shall not be unreasonably or arbitrarily withheld, and in the event of any dispute or difference arising between the Board and the said Harbour Board as to any such consent or approval or otherwise in connection with the Board’s operations such dispute or difference shall be referred to the arbitrament of two arbitrators, one to be appointed by each party in difference or their umpire under and in accordance with the provisions of the Arbitration Act, 1908.

The Board may from time to time, in addition to its powers under the Public Works Act, 1928, by itself, its surveyors, engineers, agents, officers, and workmen, exercise the following powers or any of them, and may execute, do, or cause to be executed or done any of the following acts, matters, or things:—

The Board shall have power to acquire by license permission to use any land for the purposes for which land may be acquired, and any land acquired by it may be let or leased by the Board by public auction, or public tender, or private contract, as it deems proper, for such term or terms, and at such rent or rents, upon and subject to such terms and conditions in every respect, as the Board thinks fit.

Every person having any estate or interest in any lands taken under the authority of this Act for any works, or injuriously affected thereby, or suffering any damage from the exercise of any of the powers hereby given, shall be entitled to full compensation for the same from the Board. Such compensation may be claimed and shall be determined in the manner provided by the Public Works Act, 1928.

For the purpose of carrying off any sewage from any part of its district within the Inner Area of the district every contributing authority may from time to time connect sewers and drains with the said main sewers or main drains:

Provided that twenty-eight days’ notice in writing be given to the Board of the intention of the contributing authority to exercise the powers conferred by this section, and provided also that attached to such notice shall be complete plans and specifications of the sewer or sewers referred to in such notice, and that the Engineer to the Board shall be satisfied that the sewer or sewers referred to therein are fit and proper to be so connected and to form part of the drainage system.

In making any such connection the contributing authority shall cause the same to be done in a skilful, efficient, and workmanlike manner, and so that the efficiency and construction of such main sewers or main drains may be in nowise impaired, and to the approval of the Engineer to the Board.

The Board may permit any local authority outside the Inner Area of the drainage district to connect any drain or sewer within the district of such local authority with any drain or sewer vested in or controlled by the Board upon such terms as may be agreed upon between the Board and such local authority.

The Board may, with the consent and at the cost of any local authority, undertake and carry out the drainage reticulation of the whole or any portion of the district of such local authority within the district, or with the like consent and cost undertake and carry out repairs, maintenance, alterations, or improvements to any existing drainage reticulation works in such local district.

The Board may undertake and carry out, maintain, and operate drainage-works, whether in relation to storm-water or sewage, for the benefit of any districts or areas within or adjacent to the district, and may enter into and enforce agreements with local authorities and other persons for the payment of the whole or any portion of the cost of the construction, maintenance, or operation of any such works.

The Board may acquire or take the whole of the Island of Motukorea for the purpose of the works hereby authorized, and may obtain and pay for options over the said island.

The Board may utilize any natural watercourse for the discharge of storm-water overflows from its main sewers, but so that the discharge from any such watercourse into any harbour under the control of the Auckland Harbour Board shall not be or grow to become a nuisance. Subject as aforesaid, any water-course so utilized shall be under the control and management of the Board.

The Board may construct drains for the removal of surface water, or control, alter, and improve any existing drains for that purpose, or any natural watercourse or channel, but all such works shall be done only with the approval of the local authority or authorities within whose district or districts the drain, watercourse, or channel is situated and at the cost of the local authorities affected, and the Board and any such local authority may enter into and carry out agreements for that purpose.

In any case where the Auckland and Suburban Drainage Board has heretofore exercised control over or expended its moneys on any watercourse the Board may continue to control such watercourse and to expend the moneys of the Board in the maintenance or improvement of any such watercourse.

Except with the approval of the Auckland Harbour Board, no new drain for the discharge of surface water into any harbour under the control of the said Harbour Board shall be constructed or used, and no existing drain, natural watercourse, or channel discharging or intended to discharge surface water into any such harbour shall be so used, controlled, altered, or improved, as to cause pollution of the harbour into which it discharges or is intended to discharge:

Provided that this subsection shall not apply to existing storm-water overflows discharging into stormwater drains, natural watercourses, or channels, and shall not affect the powers of local authorities under section two hundred and twenty-six of the Municipal Corporations Act, 1933, in respect of leading surface water into streams and watercourses so long as the discharge from any such drain, natural watercourse, or channel shall not be or grow to become a nuisance.

Within the Outer Area of the district no new main sewers or main drains shall be installed except by the Board, and no existing main sewers or main drains shall be altered or extended or any change or extension made in any existing drainage system except with the approval of the Board. If any question arises as to whether the Board has unreasonably withheld its approval, the matter shall be referred to the Minister of Health, whose decision shall be final.

The area outside the district the natural drainage of which is into the waters of either the Waitemata Harbour or the Manukau Harbour shall be regarded as within the sphere of influence of the Board, and no drainage system for any portion of this area shall be drawn up, carried out, or maintained save with the approval and under the general supervision and control of the Board.

This section shall not apply to or include the Boroughs of Devonport, Takapuna, Northcote, and Birkenhead.

The Board shall cause books to be provided and kept and true and accurate accounts to be entered therein of all sums of money received and paid under the authority of this Act and of the several purposes for which sums of money have been received and paid.

Such books shall at all reasonable times be open to the inspection of any member of the Board or of any contributing authority or any person appointed by it, who may take copies of or extracts from the same; and any person having the custody of the said books who does not, on the reasonable demand of any member of the Board, or of any contributing authority or any person appointed by it, permit him to inspect or take copies of or extracts from the same shall for every such offence be liable to a fine not exceeding five pounds.

All moneys belonging to the Board shall, within three days after they have come into the hands of the Treasurer, be paid into an account of the Board at such bank as the Board from time to time appoints.

No moneys may be withdrawn from the bank except by the authority of the Board and by cheque signed by the Chairman or one member and by the Treasurer of the Board.

The Board shall keep such accounts and keep them in such manner as may be prescribed by the Audit Office, but so always that—

The decision of the Audit Office as to whether or not any expenditure is properly chargeable against any such account shall be final.

Before the end of April in each year the Treasurer shall prepare and send to the Audit Office a yearly balance-sheet, being an abstract of all the transactions in each of the accounts above mentioned during the preceding financial year ended the thirty-first day of March then last past, together with the statements following:—

The Audit Office shall be the auditor of the Board, and shall have the same duties and powers in respect of the moneys and accounts of the Board, and of every person dealing therewith, as if the Board were a local authority within the meaning of section one hundred and twenty-four of the Public Revenues Act, 1926.

The Treasurer shall forthwith after such audit make out a full abstract of the accounts for the year as audited, and cause a copy thereof to be submitted to each contributing authority.

The Board may, pursuant to a resolution in that behalf, establish an Imprest Account, which shall be kept at such bank as the Board from time to time appoints.

The Imprest Account may be held jointly in the names of and be operated on by the Treasurer and one other person to be appointed in that behalf by the Board, or may, with the express approval in writing of the Audit Office but not otherwise, be in the sole name of and be operated on by the Treasurer or other approved officer of the Board. Where the Imprest Account is held jointly in the names of the Treasurer and of one other person as aforesaid, such last-mentioned person shall be either a responsible officer of the Board or a member of the Board.

The Board shall from time to time by resolution, fix the maximum amount that may be held at any time in the Imprest Account, not exceeding seventy-five pounds in any case where the Imprest Account may be operated on by one person acting alone, and not exceeding such amount as the Audit Office may approve in any other case.

Moneys in the Imprest Account shall be available only for the payment of wages and of emergency expenditure. A statement of all payments made from the Imprest Account shall be submitted to the Board for approval at its first ordinary meeting thereafter. The payment of moneys out of the Imprest Account for any purpose not hereby authorized shall be deemed to be the misappropriation of the funds of the Board.

The provisions of section forty-eight hereof shall be read subject to the provisions of this section.

The Board shall be deemed to be a local authority for the purposes of the Local Authorities Superannuation Act, 1908, the National Provident Fund Act, 1926, and section six of the Finance Act (No. 2), 1941.

The Board may from time to time pay by way of subsidy such sums as it thinks fit to the funds of any sick, death, or funeral benefit society or other like institution established by its employees, or any section of them, the benefits of which are confined to such employees and their dependants.

The Board may in every financial year out of the General Fund Account expend for purposes not authorized by any Act or law for the time being in force any sum or sums not amounting in the whole to more than one per centum of the gross receipts of the Board for that year, exclusive of loan-moneys, nor, in any case, to more than two hundred and fifty pounds.

The Board may from time to time borrow by way of special loan such sums as are necessary for carrying out the purposes of this Act.

Special loans may be raised by the Board by special order without taking the steps prescribed by sections nine to thirteen of the Local Bodies’ Loans Act, 1926.

A copy of the special order of the Board authorizing the raising of a special loan, purporting to be sealed with the seal of the Board and signed by the Chairman and two members, shall, without further authentication, be sufficient authority for the raising of the loan thereby authorized or any part thereof, and shall bind the Board accordingly. A copy thereof shall be published in the Gazette, and shall be conclusive evidence that the raising of the loan to which it refers is duly authorized and that all proceedings and things under this Act in relation thereto and in the making of such special order have been lawfully taken and done.

Under the provisions of this section the Board shall be at liberty to raise a loan for an authorized purpose for the benefit of a defined part or defined parts of the district (whether called by a distinctive name or not), and in any such case every local district within the defined part or parts shall, without limiting the meaning of the expression “legal subdivision” as used in section three of the Local Bodies’ Loans Act, 1926, be deemed to be a legal subdivision.

Notwithstanding anything to the contrary in the Local Bodies’ Loans Act, 1926, a loan may be raised by the Board for the benefit of defined parts of the district, although such parts may not together form one continuous area.

The provisions of section ninety-five of the Trustee Act, 1908, or any subsisting statutory modification or re-enactment thereof shall both in respect of trusts heretofore and hereafter created apply to all bonds, debentures, and other securities issued by the Board and forming the whole or any portion of any loan which may be raised by the Board under the authority of this or any other Act.

The costs of promoting this Act and of investigating matters preparatory or incidental thereto, including surveys, reports of Commissions, experts, and others, legal expenses, and preliminary expenses in connection with the Board’s main scheme’ of sewerage-work, and whether paid or incurred by the Board or the Auckland and Suburban Drainage Board, may, to the extent that they have not been provided by loan-moneys already received, be paid out of the proceeds of any loan raised by the Board or may be paid as expenses in connection with the works hereby authorized to be constructed.

The Board shall, on or before the thirtieth day of April in each year, cause an estimate to be prepared of the proposed expenditure of the Board for the ensuing year showing—

Any deficiency or surplus at the end of any year shall be carried forward as an asset or liability, as the case may be, into, and calculated or allowed for in making and assessing, the next year’s requirements.

During the month of May in each year the Board shall hold a meeting at which the contributions payable for the current year, commencing on the first day of April, by the contributing authorities shall be assessed, and written notice shall forthwith be given to each contributing authority showing the amount at which every contributing authority is assessed, together with a copy of the estimate of expenditure for the year.

Such assessment shall be calculated and arrived at as follows:—

If any contributing authority is dissatisfied with such estimate or assessment such contributing authority may, within twenty-eight days after notice of such assessment has been given to it, appeal to a Judge of the Supreme Court at Auckland against such assessment. Such appeal shall be commenced by notice of appeal being given to the Registrar of the said Court, who shall fix a day for the hearing thereof; and the contributing authority appealing shall give notice in writing to the Board and to each of the other contributing authorities stating the date when the same is to be heard and the grounds of such appeal, and thereupon the whole of such estimate and assessment shall be deemed to be set aside, and the estimate of the contribution to be paid by every contributing authority shall be settled by the Judge, whose decision shall be final and binding upon the Board and all the contributing authorities.

The Board may, notwithstanding that the amount sought to be recovered is in excess of the jurisdiction of any Magistrate’s Court, sue for and recover the amount of any such contribution in any such Court as a debt.

The production in any Court of documents purporting to be—

shall be prima facie evidence of the liability of each local authority therein mentioned to pay to the Board the respective amount therein and thereby shown to be assessed as its contribution to the Board for the purposes of this Act.

The local authority of each local district the whole or part of which is comprised within the district shall, within thirty days of receiving the written notice mentioned in section fifty-nine hereof, pay to the Board one-half of the amount of such assessment, and shall pay the other half thereof within six calendar months of the date of the receipt of such notice as aforesaid. In case either half is not so paid such local authority shall be liable to and shall pay interest on any and every amount so remaining unpaid until payment thereof at the rate for the time being charged by the bankers of the Board for moneys owing to them by the said Board or that would be chargeable if such moneys were owing, as the case may be:

Provided that if an appeal against any assessment has been lodged under section sixty-one hereof, then the amount fixed by the Court shall be substituted for the amount of such assessment, and payment of one-half thereof shall be made within thirty days from the date of the Court’s decision; but interest on such half shall be payable at the rate aforesaid as from the expiration of thirty days from the receipt of the original assessment.

Every such local authority shall, for the purpose of enabling it to make, and making, such payment, have the following powers:—

If any such local authority, after notice of the said assessment is delivered to it, or in case of appeal after the decision of the said Court, fails to pay the first or last half thereof, or any part thereof, for the period of thirty days after the day on which it should be paid, or the interest thereon, it shall be lawful for the Board, in addition to any other powers or remedies hereby given, to make, levy, and collect such rate, and to pay or retain the amount of such assessment or contribution and interest and all costs and charges it has been put to in consequence of such default or neglect.

The local authority so in default shall, on request, hand over and supply to the Secretary of the Board correct lists of rateable properties, rate-books, assessment rolls, and all other documents and books of any and every kind necessary, or considered so by the Board or its officers, for the purpose of enabling the Board to make, levy, and collect such rate as aforesaid.

Such local authority and its officers and servants shall give every assistance to the Board and its officers to make, levy, and collect such rate as aforesaid.

For the purpose of enabling the Board to collect and recover the amount of such contribution or assessment, interest, and costs, any Judge of the Supreme Court shall, on application by or on behalf of the Board, have the same power, mutatis mutandis, with reference to such contributing authority as he would have under the Local Bodies’ Loans Act, 1926, if default had been made by that authority in payment of any principal or interest due on any debenture issued by it, and also full power to order, authorize, and empower the Board and its officers to strike, levy, and collect such rate in the same way and to the same extent as such local authority so in default would be entitled to do.

A writ or process shall not be issued against or served on the Board or any member thereof, or any officer or servant or workman thereof, or any person acting under its or his directions or in its or his aid, for anything done or intended to be done or omitted to be done after the commencement of this Act, under the provisions of this Act or of any by-law or regulation made or in force hereunder, until one month after notice in writing has been served on the Board or such member, officer, or person, clearly stating the cause of action or grounds of proceeding and the name and address of the intended plaintiff or prosecutor and his solicitor or agent in the action or proceeding; and on the trial or hearing of any such action or proceeding the plaintiff shall not be permitted to go into any cause of action or ground of proceeding which is not stated in the notice so served, and unless such notice is proved there shall be judgment for the defendant.

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 the case of a continuation of damage, within three months next after the doing of such damage has ceased, and not afterwards, and shall be tried in the district 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 or of any by-law or regulation made or in force hereunder, and may give all special matter in evidence.

Any person to whom such notice of action is given as aforesaid may tender amends to the plaintiff, his solicitor, or agent at any time within one month after service of such notice, and in case the same be not accepted may plead such tender in bar; and in case amends have not been tendered, or in case the amends tendered are insufficient, the defendant may within the time allowed for filing a statement of defence, or thereafter at any time before trial, by leave of the Court, pay into Court, in accordance with the practice of the Court in which the action is pending, and in case of an action in a Court in which no defence need be filed at any such time as may be allowed by the practice of such Court, such sums of money as it or he may think proper, whereupon such consequences shall ensue as, under the practice of the Court in which the action is brought, ensue 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 of the Board.

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.

This section shall not apply with respect to any action or proceeding commenced by the Audit Office under the Public Revenues Act, 1926, the Local Authorities (Members’ Contracts) Act, 1934, or any other Act.

If any action is commenced or prosecuted touching or concerning the right, title, or interest of any owner or proprietor of or in any lands taken or injuriously affected by anything done in pursuance of this Act or in execution of the powers or authorities herein, such action shall not impede, delay, or hinder the Board from proceeding in the execution of the powers vested in it by this Act.

The Board and the officers and servants of the Board may enter upon any premises for the purpose of examining as to the existence of any nuisance thereon, or as to the breach of any of the provisions of this Act or the by-laws (with power to examine any drain or other sanitary apparatus or appliances), or for the purpose of enforcing the provisions of this Act and the by-laws, or for the purpose of executing, providing, or doing any works, materials, or things which the Board is authorized or empowered to execute, provide, or do, under or by virtue of this Act or the by-laws.

Any owner or occupier of premises who refuses to permit or allow the Board or any of its officers or servants to enter thereon for any of the purposes mentioned in the last preceding subsection, and every person who obstructs the Board or any of its officers or servants in the exercise of any of the powers mentioned in the last preceding subsection, shall be guilty of an offence, and shall be liable to a fine not exceeding twenty pounds for each such offence.

All fines imposed by this Act or by any by-law made under the authority hereof may be recovered in a summary manner under the Justices of the Peace Act, 1927.

The provisions of this Act and of all by-laws made by the Board shall be enforced by the Board or its officers subject to the provisions of section twenty-seven hereof.

No property of the Board owned or used by it for the purposes for which it is incorporated shall be liable to be rated by any local authority.

Any sewer or drain constructed or maintained by the Board shall be deemed to be the property of the Board, and any person doing any act whereby such sewer may be injured or its efficiency impaired is liable to a fine not exceeding twenty pounds, without prejudice to the right of the Board to recover by action damages for any trespass or injury to the said sewer.

Any person doing anything contrary to the provisions of this Act or any regulation made hereunder, or omitting or failing to perform any duty imposed on him by or arising under this Act or any such regulation, shall be guilty of an offence, and in cases where no other penalty is provided shall be liable to a fine not exceeding twenty pounds, and whenever such act or omission is of a continuous nature a further offence shall be deemed to be committed on each day on which it is continued; and whenever power is given by any Act or regulation to order anything to be done or omitted an offence shall be deemed to be committed on each day on which any person disobeys or fails to comply with any such order; and in all cases in which property is damaged, destroyed, or lost, or pecuniary loss is suffered by reason of an offence, the Court may add to the fine compensation for any loss the Board may have sustained:

Provided that such compensation, unless awarded at the express request of the Board, shall not, excepting as to the amount thereof, relieve such person of any civil liability in respect of his act or omission.

Within the period of twenty-one days before or after the day appointed for the holding of any meeting of the Board or for the doing of any act, matter, or thing by this Act required to be done on or before a day certain it shall be lawful for the Governor-General to extend the time allowed or fix a later day for the holding of such meeting or for the doing of any such act, matter, or thing as aforesaid, notwithstanding the day may have passed on which the same ought to have been held or done, and to adopt or cause to be adopted such measures as may be necessary to remove any obstacle of a technical or formal nature by which the carrying-out of the provisions of this Act may be impeded, and to supply any deficiency which may be required to be supplied in order to enable the said provisions to be carried out.

Nothing in this Act shall—

In giving any consent and approval under the last preceding subsection the Minister of Works, or such other Minister as aforesaid, may impose such conditions as he thinks fit for the protection and safety of the public work.

The enactments mentioned in the Second Schedule hereto are hereby repealed.

All Proclamations, Orders in Council, orders, regulations, by-laws, offices, appointments, resolutions, agreements, licenses, lists, registers, registrations, maps, records, documents, and generally all acts of authority which originated under any of the Acts hereby repealed and are subsisting and in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated.

All matters and proceedings commenced under the said Acts and pending or in progress on the coming into operation of this Act may be continued, completed, and enforced under this Act.