This Act may be cited as the Christchurch District Drainage Amendment Act 1985, and shall be read together with and deemed part of the Christchurch District Drainage Act 1951 (hereinafter referred to as the principal Act).

2 Meetings

(1)

Section 18 of the principal Act is hereby amended by inserting, after subsection (1), the following subsection:

“(1a)

The Secretary shall give notice in writing to each of the members of the Board of the time and place appointed from time to time for holding meetings.”

(2)

Section 18(2)(b) of the principal Act is hereby repealed.

3 Committees

Section 23 of the principal Act (as substituted by section 2 of the Christchurch District Drainage Amendment Act 1979) is hereby amended by inserting, after subsection (4), the following subsection:

“(4a)

If, after the exercise by the Board of its powers under subsection (2) of this section, there exists a Standing Committee without a Chairman, the Board shall as soon as practicable appoint a Chairman for that committee; and every person so appointed shall continue in office as Chairman for the period he would have been entitled to continue in office had he been appointed under section 19(1) of this Act.”

4 Board may cover in watercourses and drains

The principal Act is hereby amended by inserting, after section 28b, the following section:

“28c

“(1)

The Board may enclose and cover in any watercourse or drain within the district.

“(2)

Section 28a(2) of this Act, with the necessary modifications, shall apply in respect of all works proposed to be carried out under subsection (1) of this section.

“(3)

Where the Board incurs any expenditure in enclosing and covering in any watercourse or drain pursuant to subsection (1) of this section, each owner of land benefited or likely to be benefited from the enclosing and covering in of the watercourse or drain, shall, if the Board so requires, pay to the Board on account of betterment the amount of the increased value thereby given, or likely to be given, to his land, or such smaller amount as the Board thinks fit.

“(4)

Subsections (3) to (10) of section 326 of the Local Government Act 1974, as far as they are applicable and with the necessary modifications, shall apply with respect to every claim for betterment under this section as if it were a claim for betterment under the said section 326 and as if the reference in subsection (4) of the said section 326 to the widening of a road or part of a road was a reference to the enclosing and covering in of a watercourse or drain.”

5 Making drains, etc., without Board’s consent an offence

The principal Act is hereby amended by repealing section 39, and substituting the following section:

“39.

“(1)

Any person (not being authorised by the Board for that purpose) who, without the written consent of the Board,—

“(a)

Makes any drain into; or

“(b)

Connects any private drain to; or

“(c)

Stops or obstructs—

any watercourse, sewer, drain vested in the Board, or private drain commits an offence and is liable on summary conviction to a fine not exceeding $500.

“(2)

The Board may cause any drain, connection, stoppage, or obstruction made or caused in contravention of subsection (1) of this section to be disconnected, remade, or removed in such manner as it thinks fit.

“(3)

If any person acts in contravention of subsection (1) of this section then, whether or not that person has been convicted of an offence under that subsection, the amount of all expenditure reasonably incurred by the Board under subsection (2) of this section in relation to that contravention shall constitute a debt payable by that person to the Board and shall be recoverable accordingly.”

6 Advances to owners

(1)

The principal Act is hereby amended by repealing section 49, and substituting the following section:

“49.

“(1)

The Board may from time to time make advances, out of any fund at its disposal (including money borrowed for the purpose under the authority of this Act), to the owner or tenant of any land rateable under this Act for the purpose of enabling that owner or tenant—

“(a)

To pay the owner’s or tenant’s share of the expenses of the construction of any drain made by the Board pursuant to this Act; or

“(b)

To pay for the cost of the construction of any cross sewer; or

“(c)

To connect the land, building, or premises of the owner or tenant, or any part thereof, with any watercourse, sewer, or drain, or to effect repairs to any such connection; or

“(d)

To fix, furnish, repair, or alter water closets, urinals, basins, sinks, baths, or other sanitary fixtures for use in connection with the building or premises of that owner or tenant; or

“(e)

To install, repair, renew, alter, or enlarge culverts or bridges giving access to or sited on the land of that owner or tenant.

“(2)

Every advance made under subsection (1) of this section shall be subject to the following conditions:

“(a)

It shall bear interest until repayment at such rate as may be fixed by the Board on the date of the advance:

“(b)

It shall, together with interest, be repayable by monthly or quarterly instalments, at the option of the Board, within 5 years after the date on which it was made:

“(c)

Any money advanced and unpaid, together with interest, and any unpaid instalment, together with the costs and expenses incurred by the Board in connection with the unpaid amount (including the costs and expenses incurred in preparing and registering the order or certificate under sections 50 and 51 of this Act) may be recovered in the same manner in all respects as overdue rates levied under this Act may be recovered.

“(3)

For the purposes of this section the term ‘tenant’ means—

“(a)

A purchaser under section 16 of the Housing Act 1955, and a licensee under section 17 of that Act, where the agreement for sale or the licence, as the case may be, has been registered under section 18 of that Act:

“(b)

A lessee under section 554 or section 572 of the Local Government Act 1974:

“(c)

A purchaser under section 554 or section 572 of the Local Government Act 1974 where the agreement for sale has been registered under section 575 of that Act:

“(d)

A lessee under section 63 or section 65 of the Land Act 1948.”

(2)

The following enactments are hereby consequentially repealed:

(a)

Section 10 of the Christchurch District Drainage Amendment Act 1960:

(b)

Section 3 of the Christchurch District Drainage Amendment Act 1975.

7 Unauthorised expenditure

(1)

Section 52 of the principal Act is hereby amended by omitting the expression “$2,000”, and substituting the expression “$20,000”.

(2)

Section 4 of the Christchurch District Drainage Amendment Act 1975 is hereby consequentially repealed.

8 Repealing provision for accident fund

Section 53 of the principal Act is hereby repealed.

9 Board may sue for rates

Section 62(2) of the principal Act is hereby amended by omitting the words “three years from”, and substituting the words “6 years after”.

10 Bylaws

Section 80 of the principal Act is hereby amended by repealing paragraph (b), and substituting the following paragraph:

“(b)

For regulating the work of those persons wishing to undertake or execute work for other people in connection with any matter referred to in paragraph (a) of this section, including requiring such persons to hold public liability insurance of a type and for an amount approved by the Board indemnifying the Board against loss or damage caused by the work of those persons:”.

11 Consequential repeal

Section 4 of the Christchurch District Drainage Amendment Act 1957 is hereby repealed.

Christchurch District Drainage Amendment Act 1985