Municipal Corporations Act 1920
Municipal Corporations Act 1920
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Municipal Corporations Act 1920
Municipal Corporations Act 1920
Public Act |
1920 No 48 |
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Date of assent |
11 November 1920 |
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Contents
An Act to consolidate and amend certain Enactments of the General Assembly relating to Municipal Corporations.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: —
1 Short Title and commencement.
(1.)
This Act may be cited as the Municipal Corporations Act, 1920, and, except as otherwise expressly provided, shall come into operation on the first day of April, nineteen hundred and twenty-one.
(2.)
This Act is divided into divisions, as follows: —
DIVISION I. —Constitution of Boroughs. (Sections 3 to 5.)
DIVISION II. —The Executive. (Sections 6 to 70.)
DIVISION III. —Finance. (Sections 71 to 129.)
DIVISION IV. —Alterations in Districts. (Sections 130 to 147.)
DIVISION V. —General Powers of the Council. (Sections 148 to 170.)
DIVISION VI. —Particular Powers of the Council. (Sections 171 to 335.)
DIVISION VII. —Private Works. (Sections 336 to 342.)
DIVISION VIII. —Subsidiary and Incidental Provisions. (Sections 343 to 385.)
2 Interpretation. 1908, No. 124, sec. 2
In this Act, if not inconsistent with the context, —
“Act” includes Provincial Ordinance:
“Borough” means a borough constituted under this Act, or thereby deemed to be so constituted, and includes a city:
“Borough Council” includes a City Council:
“Clerk” or “Town Clerk” means the Town Clerk of the Council of a borough, and includes any person for the time being appointed by such Council to perform the duties of Town Clerk thereto:
“Corporation” means the Corporation of a borough:
“Council” means the Council of a borough:
“Councillor” means a member of the Council:
“District electors roll” means the roll made under this Act containing names of electors:
“Divided borough” means a borough divided into wards:
“Electors” means persons qualified to vote at any elections under this Act:
“Extraordinary vacancy” means a vacancy other than an ordinary vacancy as herein defined:
“Inspector of Nuisances” means an Inspector appointed as such under this Act, and includes any person for the time being appointed by the Council to perform the duties of such office:
“Occupier” means the inhabitant occupier of any property:
“Ordinary vacancy” in any office means a vacancy occurring on a day and in a manner fixed by this Act, not being a vacancy resulting from any of the causes mentioned in section forty or section forty-six hereof:
“Owner” of any property means the person for the time being entitled to receive the rack-rent thereof, or who would be so entitled if the same were let to a tenant at a rack-rent:
“Person” includes a body of persons, whether incorporate or unincorporate:
“Prescribed” means prescribed by this Act or by any regulation or by-law made under its authority:
“Property” includes all real estate, and all personal estate, chattels, and effects, and all moneys and rates, whether in possession or reversion or recoverable by action or other legal proceeding, and the benefit of any contract or engagement, and every matter or thing the subject of property:
“Public notice” means a notice published in some newspaper circulating in the borough, or, where there is no such newspaper in general circulation, means a notice on printed placards affixed to public places in the borough; and “published”
and “publicly notified”
have meanings corresponding with the meaning of the term “public notice.”
A public notice setting forth the object, purport, or general effect of a document shall in any case be sufficient notice of that document:
“Public work” includes any public work within the meaning of the Public Works Act, 1908:
“Rateable value” means rateable value as defined by the Rating Act, 1908:
“Rate-book” means the rate-book under the provisions of the last-mentioned Act:
“Ratepayer” means a person whose name appears for the time being in the “Occupiers”
column in the rate-book:
“Subdivision” includes a ward and any defined portion of a borough for which a poll is to be taken:
“Surveyor” means the Surveyor appointed under this Act by a Borough Council, and includes any person for the time being appointed by such Council to perform the duties of Surveyor thereto:
“Treasurer” means the Treasurer appointed under this Act by a Borough Council, and includes any person for the time being appointed by the Council to perform the duties of such office:
“Undivided borough” means a borough not divided into wards:
“Valuation list” and “valuation roll”
mean respectively the valuation list and the valuation roll made under the provisions of the Rating Act, 1908:
“Ward” means a ward of a borough.
DIVISION I CONSTITUTION OF BOROUGHS
Part I Boroughs
3 Constitution of boroughs. 1908, No. 124, sec. 3
With respect to the constitution of boroughs the following provisions shall apply: —
(a.)
Every borough existing on the coming into operation of this Act is hereby constituted a borough under this Act.
(b.)
The boroughs specified in the First Schedule hereto are declared to be cities under this Act.
(c.)
Any part of New Zealand comprising in a continuous area not more than nine square miles, and having no points distant more than six miles from one another, and having a population of not less than one thousand, may be constituted a borough in manner provided by this Act.
(d.)
A borough shall be deemed not to form any part of a county for the purposes of this Act, though situate within the boundaries of a county.
(e.)
A borough may, subject to the provisions of this Act, be either undivided or divided into not more than five wards.
(f.)
Every ward of a borough shall contain a population of not less than one thousand.
(g.)
The wards of boroughs existing on the coming into operation of this Act are hereby declared to be wards under this Act.
Part II Incorporation of Boroughs
4 Incorporation of boroughs. 1908, No. 124, sec. 4
(1.)
The inhabitants of every borough shall, under the name of “The Mayor, Councillors, and Burgesses of the Borough of [Name of borough],”
be a body corporate, with perpetual succession and a common seal, with power by special order to alter and change such seal; and shall, for the purposes and subject to the provisions of this Act, be capable of purchasing, holding, disposing of, and alienating real and personal property, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer.
(2.)
In the case of cities the words “Citizens”
and “City”
shall be substituted for “Burgesses”
and “Borough”
respectively in the corporate name.
5 Continuance of existing boroughs. Ibid., sec. 5
(1.)
The Corporation of each city and borough as subsisting on the coming into operation of this Act shall be the same Corporation under this Act, and shall continue to have its existing name and common seal, and shall retain its property and liabilities, and all existing contracts and engagements of such Corporation shall be enforceable by and against it.
(2.)
Such Corporation, or the Council thereof, shall continue to have control over all public reserves, domains, cemeteries, public buildings, and other property previously controlled by it or its Council.
DIVISION II THE EXECUTIVE
Part III Electors, Elections, and Polls
District Electors List and Roll
6 District electors list. Ibid., sec. 6 1910, No. 81, secs. 2, 3 1913, No. 62, secs. 2, 3
(1.)
On or before the thirty-first day of January in every year in which a general election of the Council is to be held, the Town Clerk of the borough shall, in the prescribed manner and form, make out a list, to be called “the district electors list,”
setting forth the name, occupation, address, and qualification of every person, male or female, of the full age of twenty-one years, who possesses any one of the following qualifications, that is to say: —
(a.)
A freehold qualification, meaning thereby that he is the beneficial and duly registered owner of a freehold estate in land of the capital value of not less than twenty-five pounds in the ward or undivided borough to which the list relates, whether subject to encumbrances or not, and notwithstanding that any other person is the occupier thereof or of any part thereof under any tenancy:
(b.)
A rating qualification, meaning thereby that he is the person whose name appears for the time being in the “Occupiers”
column in the valuation roll in respect of any rateable property in the ward or undivided borough to which the list relates:
(c.)
A residential qualification, meaning thereby that he has resided for one year in New Zealand and has resided in the ward or borough to which the list relates during the three months then last past, and is a British subject either by birth or by naturalization in New Zealand. For the purposes of this paragraph a person shall be deemed to reside in the place in which he has his permanent home:
(d.)
An occupier’s qualification, meaning thereby that he is, and for at least three months then last past has been, in occupation as a tenant or subtenant, or as one of several tenants or subtenants holding in joint tenancy or tenancy in common, of the whole or any portion of any house, warehouse, office, shop, or other building in the ward or undivided borough to which the list relates, under a tenancy the rent under which is at the rate of not less than ten pounds a year for the tenant or subtenant (or, as the case may be, for each of the several tenants or subtenants):
Provided that where any tenant or subtenant sublets the whole or any portion of his premises, the rent payable by him shall, for the purposes of this paragraph, be deemed to be reduced by the rent payable to him by his subtenant.
(2.)
In the case of husband and wife, any qualification possessed by either of them shall be deemed to be possessed by each of them.
(3.)
It shall be the duty of the Clerk to enter on the district electors list the name of every person who, to the Clerk’s knowledge, possesses any qualification entitling him to be entered thereon, or who in the prescribed form makes claim to be entered thereon.
(4.)
Every person who wilfully makes a false claim to have his name entered on the district electors list is liable to a fine not exceeding five pounds.
(5.)
In the case of a divided borough a district electors list shall be made out separately for each ward:
Provided that the Council of a divided borough may direct that a district electors list shall be made out for the whole borough, and not for each ward thereof, and in any such case the ward in which each elector has his qualification shall be stated in a separate column of the list.
7 Qualification in respect of property situated in two or more wards.1908, No. 124, see. 8
In case the property in respect whereof a freehold or rating qualification is possessed is situate partly in one ward and partly in another ward of the same borough, such property shall, for the purposes of this Part of this Act, be deemed to be situate wholly within the ward in which the greater part thereof is situate; and the qualification in respect thereof shall appertain to such ward alone.
8 Elector’s name to appear once only on list. Ibid., sec. 9
(1.)
The name of any person shall not appear more than once on the district electors list or district electors roll of an undivided borough or of any ward.
(2.)
Where a person has a rating qualification and another qualification his name shall be entered on the district electors list and roll in respect of his rating qualification only.
(3.)
Except as provided in the last preceding subsection, a person having more qualifications than one may select the qualification in respect of which his name shall be entered on the district electors list and roll.
(4.)
In the case of a divided borough the name of any person shall not appear on the district electors list or roll for more than one ward:
Provided that a person having qualifications in more than one ward may select the ward for which his name shall be entered.
(5.)
In default of a selection being made under subsection three or subsection four of this section the Town Clerk may select the qualification or ward.
9 Objections to district electors list or roll. Ibid., sec. 10
(1.)
Any person may, in the prescribed time, manner, and form, lodge with the Council an objection in writing under his hand to the district electors list or the district electors roll on either of the following grounds: —
(a.)
That any person whose name is on the said list or roll in respect of any qualification does not possess such qualification at the time when the objection is lodged:
(b.)
That any person whose name is not on the said list or roll possesses the necessary qualification at the time when the objection is lodged, and is entitled to have his name inserted.
(2.)
The Council shall forthwith after receipt of any such objection inquire into and dispose of the same.
10 Council may amend list or roll. Ibid., sec. 11 1910. No. 81, sec. 5
(1.)
The Council shall from time to time, upon any objection as aforesaid or of its own motion, amend the district electors list or roll for its district, and for every subdivision thereof, by adding to such list or roll the name of any person who then in fact possesses the necessary qualification but is not entered thereon, and by erasing therefrom the name of any person who does not then in fact possess the necessary qualification but is entered thereon.
(2.)
The Council shall also from time to time make in the district electors list or roll any necessary corrections in the statement of the names, addresses, and qualifications of persons enrolled thereon.
(3.)
The functions conferred upon the Council by this section shall be exercised by the Clerk when the Council is not actually sitting.
(4.)
In particular, but without affecting the general operation of the preceding subsections of this section, the Council shall hold a sitting on a day in the month of March (not later than the fifteenth) in each year in which a general election of the Council is to be held, and at that sitting, or any adjournment thereof, shall amend the district electors list by adding or erasing names and making all necessary corrections as hereinbefore provided, to the intent that as far as may be the list may correctly set forth the name, address, and occupation of every person then possessing the requisite qualification, and of no other person.
11 Appeals to Magistrate in respect of district electors list or roll. 1908, No. 124, sec. 12
(1.)
Any person aggrieved by any decision or act of the Council or of the Clerk touching the district electors list or roll may, in the prescribed manner and within the prescribed time, appeal therefrom to a Magistrate, who shall hear and determine the appeal, and may order such alterations in and additions to the list or roll to be made as he thinks just.
(2.)
All such alterations and additions shall be made by the Town Clerk and initialled by the Magistrate.
12 District electors rolls. Ibid., sec. 7 1913, No. 62, sec. 4
(1.)
The district electors fist of each borough or ward shall be corrected, completed, and authenticated in the prescribed manner and time, and shall, on the first day of April next ensuing, become the district electors roll of such borough or ward, and shall remain in force until another district electors roll comes into force for the same borough or ward.
(2.)
All corrections and additions required to be made after the completion of the district electors roll shall be made on a supplementary district electors list, which shall be corrected, completed, and authenticated in the same manner as in the case of the district electors roll, and thereupon shall become a supplementary district electors roll, and shall form part of the district electors roll.
13 Closing of roll. 1908, No. 124, sec. 13 1910, No. 81, sec. 4 1913, No. 62, sec. 49
(1.)
The district electors roll shall be deemed to be closed at five o’clock in the afternoon of the fourteenth day preceding the day appointed for any election or poll, and shall continue closed until the election is completed or the poll taken:
Provided that for the purposes of a general election in a borough the population of which exceeds five thousand the roll shall be deemed to be closed at five o’clock in the afternoon of the twentyeighth day preceding the day appointed for that election.
(2.)
Except pursuant to appeal under section eleven hereof in cases where the appeal was pending at the time when the roll was closed, no alteration or addition shall be made in or to the district electors roll for any district or subdivision whilst it is closed as aforesaid.
14 Combined roll. 1908, No. 124, sec. 14
(1.)
For the election of Mayor of a divided borough, or for taking a poll on any proposal that under this or any other Act is to be submitted to the votes of all or some only of the electors or ratepayers of the whole of a divided borough, ‘or to some only of the electors or ratepayers of an undivided borough, the Town Clerk shall prepare from the district electors roll or rolls a roll comprising all the electors or ratepayers entitled to vote at such election or poll, but so that no person’s name shall appear more than once on such roll:
Provided that for the purposes of this section the rolls of the several wards of a divided borough taken together shall be the roll of the borough.
(2.)
Such roll shall be prepared, corrected, completed, and authenticated in the prescribed time, manner, and form.
15 Electors and voting-power. Ibid., secs. 15, 16
(1.)
Every person whose name appears on the district electors roll for the time being in force for any borough or ward shall be an elector for the purposes of this Act.
(2.)
Unless otherwise specially provided by any Act, every elector shall have one vote and no more at each poll at which he is entitled to vote.
(3.)
Except where otherwise expressly provided in any case, the majority required to determine any election or carry any proposal shall be a majority of the valid votes cast at the poll.
16 Use by other authorities of district electors roll. 1913, No. 62, sec. 5
All local authorities or other public bodies entitled to use the district electors roll of any borough or ward for the purposes of the election of their members or for polls taken by them shall pay to the Borough Council a fair proportion of the cost of making and printing the roll. Such proportion shall, in case of dispute, be fixed by the Audit Office.
Elections and Polls
17 Local Elections and Polls Act, 1908, applied. 1908, No. 124, sec. 17 1910, No. 81. sec. 6
(1.)
All elections under this Act, and all polls taken on any proposals that under this Act or any other Act are submitted to the votes of the electors or ratepayers of the borough, or of any ward or other defined portion thereof, shall, subject to the provisions of this Act, be held and conducted under the provisions in that behalf of the Local Elections and Polls Act, 1908:
Provided that at all elections under this Act, and a all polls taken on any proposals under this Act or any other Act submitted to the votes of the electors or ratepayers of the borough, or of any ward or other defined portion thereof, the poll shall close at seven o’clock in the afternoon of the day appointed for the election or poll, and not earlier.
(2.)
Nothing herein shall affect the provisions of the Local Bodies’ Loans Act, 1913; and all proceedings for the raising of loans in the borough shall be taken under that Act and not under this Act.
18 Place of nomination. 1908, No. 124, sec. 18
In the case of a divided borough the public office of the Council shall be appointed the place of nomination for any ward or wards thereof.
19 Deposit by candidates. Ibid., sec. 19
(1.)
Every candidate for the office of Mayor or Councillor shall at the time of nomination deposit with the Returning Officer the sum of ten pounds in the case of the Mayor and three pounds in the case of the Councillor, and every nomination of a candidate for election as Mayor or Councillor shall be deemed to be informal, and shall not be accepted by the Returning Officer unless such deposit is so made.
(2.)
If the candidate does not poll one-eighth of the votes polled by the successful candidate, or, as the case may be, by the successful candidate polling the fewest votes, the deposit shall be forfeited to the District Fund, but otherwise, or if such candidate is elected without a poll, it shall be returned to him.
20 Polling-booths. Ibid., sec. 20
(1.)
In the case of a divided borough the inhabitants whereof are more than three thousand there shall be at least one polling-place in each ward.
(2.)
In the case of an undivided borough, or any portion thereof defined for voting purposes, the number of polling-places shall be in the proportion of not less than one polling-place for every two thousand electors entitled to vote.
21 Public office of Council deemed within borough for purposes of election. Ibid., sec. 21
Where the public office of the Council is situate outside the borough it shall, for all purposes connected with any election or poll under this Act, be deemed to be within the borough or within any subdivision to which such election or poll relates:
Provided that where such public office is used under this section as a polling-booth the number of polling-booths otherwise required by law shall be appointed within the said borough or subdivision.
22 Use of voting-machines. 1910, No. 81, sec. 8
(1.)
The Governor-General may at any time, by Order in Council made at the request of the Council of a borough, direct that at any election or poll held or taken within the borough, or at any one or more specified polling-places at any such election or poll, a voting-machine of a kind specified in the Order shall be used by way of experiment, and such Order shall be complied with by the Returning Officer at such election, or poll, or polling-place.
(2.)
By such Order the Governor-General shall prescribe the mode in which the machine shall be used and the modifications of the Local Elections and Polls Act, 1908, necessarily consequent on such use.
(3.)
On the making of any such Order, the Council shall provide the Returning Officer with a sufficient number of voting-machines.
(4.)
As soon as practicable after the election or poll at which any machine has been used as aforesaid the Returning Officer shall forward to the Minister of Internal Affairs a full report as to the working of the machine and its adaptability for the purpose for which it was intended.
Disputed Elections
23 In disputed elections Magistrate to hold inquiry. 1908, No. 124, sec. 23
If, within fourteen days after the Returning Officer has declared any candidate or candidates to be duly elected under this Act, any candidate and two electors, or any six electors, make and sign before a Justice a petition in the form numbered (1) in the Third Schedule to the Local Elections and Polls Act, 1908, alleging the specific grounds on which the petitioners rely, and file the same in any Magistrate’s Court office in the ward or undivided borough with respect to which such election took place, or, if there is no such office therein, then in the Magistrate’s Court office nearest thereto, the Magistrate exercising jurisdiction in such Court shall hold an inquiry as to the matter alleged in such petition, and upon due hearing of the case may declare such election, or the election of any candidate thereat, to be void, and may declare any other candidate to be duly elected, subject to the conditions set forth in such Act.
Part IV Mayor
24 Biennial election of Mayor. 1913, No. 62, sec. 6
(1.)
There shall be a Mayor of every borough, who shall be elected by the electors of the district on the last Wednesday in April in every year in which a general election of Councillors is held.
(2.)
The Mayor so elected shall come into office on the first Wednesday in May following his election, and shall continue in office until his successor comes into office.
(3.)
Any person who is not incapable of being a Councillor may be elected to be Mayor.
(4.)
The Mayor shall be a Councillor by virtue of his office.
25 Vacation of office by Mayor. Ibid, sec. 6
(1.)
The Mayor may resign his office by writing under his hand delivered to the Town Clerk, and in such case, or in case of the death, incapacity, or ouster from office of the Mayor, his office shall become vacant.
(2.)
If such vacancy occurs within one year after the date of the biennial election under the last preceding section, his successor shall be elected by the electors of the district.
(3.)
If such vacancy occurs after the expiration of one year from the date of the biennial election, his successor shall be elected by the Council; and for the purpose of such election the Town Clerk shall forthwith convene a special meeting of the Council, but no such resolution or requisition as is mentioned in section sixty-two hereof shall be necessary.
(4.)
The person elected to fill any such vacancy shall hold office until his successor comes into office.
(5.)
If at any election under this section a Councillor is elected to be Mayor, his office as an elected Councillor shall, except as provided in the next succeeding subsection, be thereby vacated.
(6.)
If such election occurs within six months before the date fixed for the next biennial election, the Councillor so elected as Mayor shall not vacate his office as Councillor.
26 Mayor to make declaration. 1908 No. 124, sec. 27
The Mayor, before entering upon his office, shall make and sign in the presence of the Council a declaration in the form in the Second Schedule hereto. Such declaration shall be attested by a Councillor and the Town Clerk.
27 Mayor to be Justice of Peace by virtue of office. Ibid., sec. 28
The Mayor, not being the holder of a publican’s or accommodation license, shall be a Justice of the Peace during the time he holds the office of Mayor.
28 Notice of election to Minister of Internal Affairs. Ibid., sec. 29
The Town Clerk shall, upon every election of a Mayor, forthwith give notice to the Minister of Internal Affairs of the result thereof.
29 Annual allowance to Mayor. Ibid., sec. 30
(1.)
The Mayor may be paid such annual allowance, not exceeding five hundred pounds, out of the District Fund as the Council from time to time fixes, but no alteration in the amount of such allowance shall take effect during the term of office of any Mayor.
(2.)
For the purposes of this section a person re-elected as Mayor shall be considered a new Mayor.
30 Appointment of Deputy Mayor. 1910, No. 81, sec. 12
The Council may, if it thinks fit, appoint one of its members to be Deputy Mayor, who, with the consent of the Mayor, or, in the event of the Mayor becoming incapable of acting, without such consent, shall have all the authority of the Mayor, except the authority to act as a Justice of the Peace by virtue of his office, until the Mayor resumes his duties.
31 Evidence of appointment of Deputy Mayor. 1908, No. 124, sec. 32
A minute made and authenticated in the prescribed manner of the appointment of any person as a Deputy Mayor shall be sufficient evidence of the validity of the appointment of such person as Deputy Mayor, and of his continued authority to act as such, and shall relieve all persons having business with the Council from the necessity of making any inquiries in the matter.
Part V Constitution and Authority of Council
Capacity of Council
32 Borough Councils Ibid., sec. 33
There shall be a Council for every borough. Such Council may be described as “The [Name of borough] Borough Council”
or “The [Name of city] City Council.”
33 Corporation to act by Council. Ibid., sec. 34
The Corporation of a borough shall be capable of acting by the Council of the borough, and the Council shall exercise all the powers vested by this Act or otherwise in the Corporation it represents.
Joint Action by Several Councils
34 Councils may unite in joint works. 1908, No. 124, sec. 36
Borough Councils may unite with other Borough Councils or with any other local authorities in the execution and maintenance of any works, or the performance of any matter or thing, deemed by all the local authorities concerned to be of benefit to their respective districts, and being within their several powers, and may agree as to the joint control or management of anything that concerns in any way such respective districts, or as to the control or management by one or more of such local authorities of any such thing.
35 Joint contracts. Ibid., sec. 37
For any such purpose such local authorities may enter into contracts between themselves, and into contracts between themselves or some or one of them on behalf of all of them on the one hand, and any other Corporation or person on the other hand, and generally may join in any act.
36 Regulations as to joint action by several local authorities. Ibid., sec. 38
The Governor-General may from time to time make regulations prescribing the manner in which local authorities may unite in any joint act.
Qualification and Election of Councillors
37 Constitution of Council. Ibid., sec. 39
(1.)
The Council shall consist, —
(a.)
In the case of a borough where the population does not exceed thirty thousand, of not less than six nor more than twelve Councillors, exclusive of the Mayor:
(b.)
in the case of a borough where the population exceeds thirty thousand, of not less than twelve nor more than twenty-one Councillors, exclusive of the Mayor.
(2.)
There shall be at least one Councillor for each ward of a divided borough.
38 Election of Councillors. Ibid., sec. 40
(1.)
Members of the Council of an undivided borough shall be elected, in manner provided in Part III hereof, by the electors of the borough.
(2.
In the case of divided boroughs the members to represent the respective wards shall in like manner be elected by the electors of such wards respectively.
39 Electors qualified for election as Councillors. Ibid., sec. 41
Subject to the next succeeding section, every elector shall be qualified to be elected as a member of the Council, and, in the case of a divided borough, as the representative of any ward thereof.
40 Disqualification of Councillors. Ibid., sec. 42 1910, No. 81, sec. 10 Cf. 1909, No. 11, sec. 19
The following persons shall be incapable of being elected to be or of being Councillors or Mayors, that is to say: —
(a.)
Any person who is not an elector:
(b.)
Any person disqualified from holding the office of Mayor or Councillor under any Act:
(c.)
An alien:
(d.)
A person of unsound mind:
(e.)
A bankrupt who has not obtained his order of discharge, or whose order of discharge is suspended for a term not yet expired, or is subject to conditions not yet fulfilled:
(f.)
A person convicted of any offence punishable by imprisonment, unless he has received a free pardon, or has served his sentence or otherwise suffered the penalty imposed on him:
(g.)
Any person holding any office or place of profit, other than that of Mayor or Deputy Mayor, under or in the gift of the Council:
(h.)
Any person who is concerned or interested (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) in any contract made by the Council, if the payment made or to be made by or on behalf of the Council in respect of any such contract exceeds five pounds in the case of a single contract, or ten pounds altogether in any financial year in the case of two or more contracts:
Provided that an interest in any lease granted or agreed to be granted to or by the Council, or in any loan raised by the Council, whether on security or otherwise, shall not constitute a disqualification under this paragraph.
41 Extraordinary vacancies. 1908, No. 124, sec. 43
(1.)
If any person, while holding office as Councillor or Mayor, becomes incapable of continuing to hold office under the last preceding section, his office shall be thereby vacated, and such vacancy shall be deemed an extraordinary vacancy.
(2.)
If any person does any act as a Councillor or Mayor, being incapacitated under the last preceding section except under paragraph (d.) thereof, or before he has made and subscribed a declaration in the form in the Second Schedule hereto, he is liable to a fine not exceeding fifty pounds for every such offence:
Provided that the act of taking or attesting the declaration of any Councillor or Mayor, as required by section twenty-six or by section forty-four hereof, shall not be deemed to be an act as a Councillor or Mayor within the meaning of this subsection.
(3.)
It shall be the duty of the Audit Office to institute proceedings under this section, but nothing herein shall be so construed as to prevent such proceedings from being taken by any other person.
(4.)
All fines recovered under this section by the Audit Office shall be paid into the Public Account and form part of the Consolidated Fund.
42 Proceedings with respect to extraordinary vacancies.
(1.)
In the event of an extraordinary vacancy in the office of Councillor occurring within six months of the date fixed for the next biennial election the Council may by resolution determine—
(a.)
That the vacancy shall be filled in the manner prescribed by the provisions in that behalf of the Local Elections and Polls Act, 1908; or
(b.)
That the vacancy shall not be filled.
(2.)
Every resolution of the Council under this section shall have effect according to its tenor; anything to the contrary in the Local Elections and Polls Act, 1908, notwithstanding.
43 Council not to make payments under disqualifying contracts. Ibid., sec. 44
It shall be unlawful for the Council to pay, directly or indirectly, to or for the benefit of any member of the Council so concerned or participating in any contract mentioned in paragraph (h) of section forty hereof as to be incapacitated under that paragraph, any sum of money under or in respect of such contract or any subject-matter thereof.
44 Declaration by Councillor. Ibid., sec. 45
No person shall be capable of acting as Councillor until he has made and signed a declaration in the form in the Second Schedule hereto. Such declaration shall be attested by the Mayor or any Councillor and by the Town Clerk.
45 Duration of office of Councillor. 1908, No. 124, secs. 46, 49
(1.)
Every Councillor shall come into office on the day of his election, and shall, unless his office sooner becomes vacant, continue in office until his successor is elected and comes into office.
(2.)
A Councillor elected to fill an extraordinary vacancy shall hold office only so long as the Councillor whose seat became so vacant would have held office if such extraordinary vacancy had not occurred.
46 Vacation of office by Councillor. Ibid., sec. 47
Any Councillor may resign his office by writing under his hand delivered to the Mayor or Clerk; and in such case, or in case of his death, incapacity, or ouster from office, or his absence without the leave of the Council from four consecutive ordinary meetings thereof, his office shall become vacant, and such vacancy shall be deemed to be an extraordinary vacancy.
47 Biennial election of Councillors. Cf. ibid., sec. 48
The first general election to be held after the commencement of this Act of the whole of the members of every Council shall be held on the last Wednesday in April, nineteen hundred and twenty-one; and on the same day in every succeeding second year thereafter all the members of every Council shall go out of office, and on every such day a fresh general election of members thereof shall be held:
Provided that when the last Wednesday in April as aforesaid is the twenty-fifth day of that month (being Anzac Day) the general election shall be held on the following day.
48 Candidate not eligible for nomination for more than one ward. Ibid., sec. 50
If any candidate consents to be nominated for more than one ward at any election his nomination shall in every case be void.
Part VI Committees
49 Council may appoint standing or special committees. Ibid., sec. 51
(1.)
The Council may from time to time appoint standing or special committees, and may relegate to such committees 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 Council, except the powers to borrow money, to make a rate, to make a by-law, to execute a deed or contract, or to institute an action:
Provided that the appointment of members of committees shall not be made at any time after the election of a new Mayor until such new Mayor has taken office.
(2.)
A person may be appointed a member of a committee under this section, notwithstanding that he may not be a member of the Council.
50 Committee may exercise delegated powers. Ibid., sec. 52
Every committee to which any powers or duties are delegated as aforesaid may, without confirmation by the Council, exercise or perform the same in like manner and with the same effect as the Council could itself have exercised or performed the same.
51 Committee to be subject to direction by Council. Ibid., sec. 53
Every such committee shall be subject in all things to the control of the Council, and shall carry out all directions, general or special, of the Council given in relation to such committee or its affairs.
52 Joint committees. Ibid., sec. 54
(1.)
Local authorities may unite in appointing joint standing or special committees for any purposes in which those local authorities are jointly interested, and in any such case the provisions of the two last preceding sections shall, with the necessary modifications, apply.
(2.)
Every such joint committee shall be so constituted that the number of members appointed by the local authorities respectively shall, as nearly as may be, be in the proportion of the relative capital values of the rateable properties in their districts.
53 Chairman of committee. 1908, No. 124. sec 55
The Council or Councils appointing any committee may appoint a member of such committee to be the permanent Chairman thereof; and if no such appointment is made, the committee may make the appointment. Such Council or Councils may from time to time remove such Chairman, and appoint another in his stead.
54 Discharge of committee. Ibid., sec. 56
Such Council or Councils may from time to time discharge, alter, continue, or reconstitute any committee appointed by it or them.
Part VII Proceedings of Council and Committees
Proceedings generally.
55 Open voting. Ibid., sec. 57
Every question coming before the Council or any committee shall be decided by open voting.
56 Mayor to preside at Council meetings. Ibid., sec. 58
(1.)
At every meeting of the Council the Mayor, if present, or, in his absence, the Deputy Mayor (if any), shall be Chairman. At every meeting of any committee the permanent Chairman thereof, if present, shall be Chairman.
(2.)
If the Mayor or Deputy Mayor is absent from any meeting of the Council, or if the permanent Chairman is absent from any meeting of the committee, then such member as the members of the Council or committee then present choose shall be Chairman of such Council meeting or committee meeting, as the case may be.
57 Member of Council or committee not to vote on question in which he has pecuniary interest. Ibid., sec. 59 1910, No. 81, sec. 11
(1.)
A member of the Council or committee shall not vote or take part in the discussion of any matter before the Council 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.
(2.)
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 in the Council and in any committee shall become vacant.
58 Quorum of Council and of Committee. 1908, No. 124, sec. 60 1913, No. 62, sec. 7
(1.)
A quorum of the Council shall consist of half the total number of the members of the Council (irrespective of any casual vacancies) when that number is even, and a majority of such members when the number is odd.
(2.)
The Council may fix the quorum of any committee appointed by it, and in default of its so doing the committee may fix such quorum.
(3.)
No business shall be transacted at any meeting of the Council or of any committee unless at least a quorum of members is present thereat during the whole time at which the business is transacted
59 Questions to be decided by majority of votes. 1908, No. 124, sec 60
(1.)
All acts of the Council and of any committee, and all questions before the Council or any committee, may be done and decided by the majority of such members of the Council or committee as are present and vote at a meeting held in pursuance of this Act or of any regulation or by-law made thereunder.
(2.)
The Chairman of any meeting of the Council or of any committee shall have a deliberative vote, and in case of equality of votes shall have a casting-vote also.
60 Proceedings not to be invalid by reason of irregularities in election of Councillors, &c. 1908, No. 124, sec. 61
No act or proceeding of the Council, or of any committee, or of any person acting as a member of the Council, shall be invalidated in consequence of there being a vacancy in the number of the Council 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.
61 Minutes of proceedings of Council. Ibid., sec. 63
(1.)
Minutes of the proceedings of the Council shall be kept in a book which shall be kept in the office of the Council, and shall be open to inspection without fee during all office hours by any Councillor or ratepayer, or by any creditor of the Corporation.
(2.)
The minutes of the proceedings of the Council or of any committee, duly entered and authenticated as prescribed by the Council, shall be prima facie evidence of such proceedings and of the validity thereof.
Special Meetings and Special Orders.
62 Special meetings. Ibid., sec. 64
(1.)
A “special meeting”
means a meeting called in pursuance either of a resolution of the Council or of a requisition in writing delivered to the Clerk and signed by the Mayor or by any three Councillors, specifying the time and place at which such meeting is to be held and the business to be brought before the same.
(2.)
Notice in writing of the time and place of such meeting, and of such business, shall be given under the hand of the Clerk to every member of the Council two clear days before the day appointed for such meeting.
63 Special orders. Ibid., sec. 65
The power hereby given to do anything by special order shall be exercised only as follows: —
(a.)
The resolution to do such thing shall be passed at a special meeting.
(b.)
Such resolution shall be confirmed at a subsequent meeting (either ordinary or special) held not sooner than the twenty-eighth day after the day of such special meeting, and not later than the forty-second day after such special meeting.
(c.)
Public notice of the place and date fixed for such subsequent meeting, and of such resolution, shall be given once in each full week intervening between the two meetings.
(d.)
For the purposes of the last preceding paragraph a week shall be computed from the day of the week on which the resolution was passed.
(e.)
Written notice of the time and place of such subsequent meeting, under the hand of the Clerk, shall be given to each member of the Council at least one clear day before such subsequent meeting, which notice shall refer to the said resolution.
(f.)
The notice directed to be given by the last preceding paragraph shall suffice, even though such subsequent meeting may be a special meeting.
64 Evidence of special orders. Ibid., sec. 66
A document purporting to be a copy of any special order, sealed with the common seal, shall be received as evidence for all purposes that the special order of which such document purports to be a copy has been duly made in accordance with this Act, unless the contrary is proved.
65 Proceedings for quashing of special orders. Ibid., sec. 67
No special order shall be quashed by any proceedings in any Court or otherwise unless such proceedings are commenced within six months from the making of the special order.
Rules of Procedure.
66 By-laws as to proceedings of Council. 1908, No. 124, sec. 68
The Council may, subject to the provisions of this Act, make by-laws or pass resolutions—
(a.)
Regulating the proceedings of the Council and of committees, and the conduct of meetings thereof respectively:
(b.)
Prescribing the time and manner of holding annual and other stated and also ordinary meetings, and regulating the business that may be transacted thereat respectively:
(c.)
Regulating the adjournment of meetings:
(d.)
Directing notices of meetings to be given, and prescribing the form, mode, and time of service thereof:
(e.)
Regulating debates:
(f.)
Prescribing the manner and conditions of revoking or altering resolutions:
(g.)
Providing for the custody of documents, and regulating the custody and use and prescribing the mode and form of attestation of the common seal:
Provided that no by-law or resolution made under this paragraph shall affect any person, acting in good faith, taking or to take any estate, intetrest, or advantage under any document having or about to have the common seal affixed thereto:
(h.)
Prescribing the duties of officers and servants:
(i.)
Prescribing the form and manner of keeping and authenticating minutes:
(j.)
Prescribing forms of and in connection with any proceedings: (k.) Concerning anything incidental to any of the matters hereinbefore referred to.
Part VIII Ouster of Office
67 Ouster of office of Mayor or Councillors. Ibid., sec. 69
(1.)
Upon proof in the first instance by affidavit or otherwise that the Mayor or any Councillor is or has become incapable under this Act of holding his office, any Magistrate’s Court in the borough, or, if there is no such Court, then the Magistrate’s Court nearest to the public office of the Council, 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.
(2.)
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.
(3.)
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.
(4.)
No matter in relation to a disputed election shall be heard by the Magistrate’s Court under this section.
(5.)
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.
Part IX Officers
68 Council may appoint officers, 1908, No. 124. sec. 70
(1.)
The Council may by resolution from time to time appoint fit persons to be Town Clerk, Treasurer, Surveyor, collectors, 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 District Fund as it thinks fit.
(2.)
The Council may in like manner, if it thinks fit, from time to time appoint a duly qualified medical practitioner as medical officer at such remuneration and with such duties as the Council prescribes.
(3.)
No Councillor shall be capable of holding any such office, unless without remuneration.
(4.)
One person may hold two or more of such offices.
(5.)
All existing officers and servants of any existing borough shall be deemed appointed under this Act.
(6.)
Any person appointed under this section may be at any time removed from office by the Council.
69 Acting officers. Ibid., sec. 71
(1.)
During the absence from the offices of the Council of any officer of the Council 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 to be appointed and removed by resolution of the Council; and any such appointment may be either general or for some occasion only.
(2.)
The provisions of section thirty-one hereof shall, with the necessary modifications, apply with respect to the appointment and continued authority of every person appointed under this section.
70 Officers of Council may be appointed special constables. 1910, No. 81, sec. 38
(1.)
Any Magistrate or any two or more Justices may appoint in writing under his or their hands any officer, agent, or servant of the Council to be a special constable, to act for such time and within such limits within the borough as may be appointed by the Council.
(2.)
Every such special constable shall be sworn in by a Justice to execute the office of constable within the limits to which his appointment extends, and when so sworn in shall have, exercise, and enjoy the same powers and immunities, and be liable to all such duties and responsibilities, as constables have or are subject to by law.
DIVISION III FINANCE
Part X The District Fund
71 District Fund 1908, No. 124, sec. 72
There shall be for every borough a fund to be termed “the District Fund,”
consisting of the following moneys, that is to say: —
(a.)
All moneys received by way of grant from the Government, or by appropriation of Parliament, or in pursuance of any Act:
(b.)
All revenues, rents, duties, fees, fines, forfeitures, and other sums whatsoever payable to the Corporation or Council under this or any other Act:
(c.)
All rates made and levied by the Council under this or any other Act:
(d.)
All rents and profits from property of any kind vested in the Corporation:
(e.)
All moneys received by the Corporation on account of waterworks, gasworks, electric-light works, tramways, cemeteries, reserves, recreation-grounds, workers’ dwellings, and public buildings and institutions:
(f.)
All moneys received by way of loan otherwise than under the Local Bodies’ Loans Act, 1913:
(g.)
All moneys received by way of subscription or voluntary contribution:
(h.)
All other moneys which may become the property of the Corporation or of the Council.
72 Annual Government subsidy to be paid to District Fund. 1908, No. 124, sec. 73
(1.)
There shall be paid annually by the Minister of Finance out of the Consolidated Fund, without further appropriation than this Act, to each Council in respect of its general rates levied for each year ending the thirty-first day of March, and actually collected on or before the thirtieth day of June in the following year,—
(a.)
Where the general rates actually collected do not exceed seven hundred and fifty pounds, then five shillings for every pound thereof:
(b.)
Where the general rates actually collected exceed seven hundred and fifty pounds, then two shillings and sixpence for every pound thereof; but no lesser sum than one hundred and eighty-seven pounds ten shillings, nor greater sum than four hundred and fifty pounds, shall be paid in any one year under this paragraph to any Council:
Provided that subsidy shall not be payable on any amount exceeding the sum which would be collectable from a rate of three farthings in the pound on the capital value where the rate is levied on the capital or unimproved value of the rateable property in the borough, or of one shilling in the pound on the annual value where the rate is levied on the annual value:
Provided also that subsidy shall not be payable on any part of such general rates expended in contributing to the funds of any other local authority not receiving subsidy from the Consolidated Fund under this or any other Act.
(2.)
Pending the collection of the said rates for any year the Minister of Finance may advance to the Council in respect of its subsidy for that year any sum, computed in manner aforesaid, up to seventy-five per centum of the said rates collectable for that year; but any sum advanced in excess of the subsidy that ultimately becomes payable shall be recoverable by the said Minister from the Corporation.
(3.)
Where a borough is newly constituted, a proportionate sum shall be payable under this section in respect of any broken portion of a year.
(4.)
The Governor-General in Council may decide all questions arising under this section.
73 Fines recoverable under this Act to be paid into District Fund. Ibid., sec. 74 1910, No. 81, sec 14
(1.)
The Clerk or other proper officer of the. Court in which any fines payable to the Council are recovered under the provisions of this or any other Act shall pay the same into the District Fund at such times and in such manner as the Minister of Finance directs.
(2.)
The Clerk or other proper officer of the Court in which any such fines are inflicted shall once in every three months furnish the Council with a written statement, signed by him, of all such fines, distinguishing therein those that have from those that have not been paid into such fund.
(3.)
Except as otherwise provided, in this Act all fines recoverable thereunder shall be payable to the Council.
(4.)
Whenever any fines which ought to be paid into the District. Fund are by law required or permitted to be paid in stamps, and have been so paid, the Clerk or other proper officer aforesaid shall certify to the Minister of Finance the amount of the same, that they have been so paid, and the name of the district entitled to receive the same; and thereupon the said Minister, without further appropriation by Parliament than this Act, shall pay the amount of such fines out of the Consolidated Fund to the District Fund.
74 Moneys belonging to Corporation to be paid into bank. 1908, No. 124, see. 75 1910, No. 81, sec. 15 1913, No. 62, sec. 50
(1.)
All moneys belonging to the Corporation shall be paid into such bank as the Council from time to time appoints and publicly notifies (hereinafter called “the bank”
).
(2.)
All moneys raised by special 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.
(3.)
All other moneys belonging to the District Fund shall be paid into an account at the bank to be called “The District Fund Account.”
(4.)
Notwithstanding anything in the foregoing provisions of this section the Council may, if it thinks fit, pay into a separate bank account all moneys accruing from any public undertaking or work controlled by it, or moneys appropriated and held by it for any special purpose.
(5.)
The Council may, if it thinks fit, keep a separate account in its books showing the receipts and expenditure on account of any public undertaking controlled by it, including any payments out of such receipts for or towards interest on any loan raised for the purposes of such undertaking; and all such separate accounts shall be audited.
75 How moneys to be withdrawn from bank. 1908, No. 124, sec. 76
No moneys shall be drawn out of the bank except by authority of the Council; and all moneys shall be paid by the Corporation in cash, or by cheque signed by the Treasurer and countersigned by any two of such of the Councillors as the Council from time to time authorizes to sign cheques.
76 Moneys not to be paid by promissory note or bill. Ibid., sec. 77
All moneys paid or purporting to be paid by the Council by promissory note or bill shall be deemed to be moneys unlawfully expended or applied within the meaning of section seven of the Public Revenues Amendment Act, 1912, and the provisions of that section, or any provisions that may hereafter be substituted therefor, shall apply with respect thereto accordingly.
Part XI Rates
General Rates.
77 General rates. Ibid., sec. 78
The Council may from time to time, as it thinks fit, make and levy on all rateable property within the borough a general rate not exceeding in any one year two shillings and sixpence in the pound upon the annual value of such rateable property or twopence in the pound upon the capital value thereof.
78 General rate in divided borough. Ibid., sec. 79
In divided boroughs the Council may make and levy the general rate separately in the several wards, and may do so in such manner that the rate made and levied in any one or more of such wards may vary from that in another or others:
Provided that the maximum, general rate to be made and levied in any one year in any ward shall not exceed the rates prescribed by the last preceding section.
79 Annual estimates of expenditure. 1908, No. 124, sec. 80
Before making any general rate the Council shall cause an estimate to be prepared of the proposed expenditure of the Council during the period for which the rate is to be made, showing any sums already available for such purpose, the additional sum required, the total rateable value of the property on the valuation roll, and the general rate thereon necessary to raise the money required; and such estimate, being approved by the Council, shall be publicly notified in the borough one week before making the proposed rate.
General Separate Rates.
80 Separate rates. Ibid., sec. 81
(1.)
The Council may from time to time, for the purpose of providing, establishing, completing, extending, maintaining, repairing, or working any public works of any description, or of purchasing or otherwise acquiring any land or building, or of engaging in any undertaking for the benefit either of the whole district or of any ward or defined portion thereof, by special order make any rates (to be termed “separate rates”
), and may levy such rates within the whole district, or (as the case may be) within the ward or portion to be benefited as aforesaid.
(2.)
No such rate shall be made or levied save upon a petition in the prescribed manner and form, signed by a majority of such of the electors of the district, ward, or defined portion proposed to be rated as are enrolled in respect of a freehold or rating qualification.
(3.)
The total amount of all such separate rates made in any one year within the whole borough or within any ward or defined portion thereof shall not exceed three farthings in the pound on the total capital value or one shilling in the pound on the total annual value of the rateable property.
81 Application of proceeds of separate rate in divided borough. Ibid., sec. 82
(1.)
Every separate rate made and levied within any ward or portion as aforesaid shall be subject to the deduction of so much thereof as may, in the opinion of the Council, be necessary to defray the cost of the supervision and clerical work in connection with the expenditure thereof, including the salaries of officers who are not employed generally in the business of the Council, but whose services are utilized in the making or’ levying of such rate or in connection with its expenditure.
(2.)
The amount so deducted shall form part of the ordinary revenue of the Corporation of the borough, and may be applied in such manner as such ordinary revenue may be applied.
(3.)
The remainder of the separate rate shall be expended in the ward or portion as aforesaid within which it was levied.
Particular Separate Rates.
82 Water rates. Ibid., sec. 83 1913, No. 62, sec. 8
(1.)
Subject to the provisions of section eighty-four hereof, in every borough giving a water-supply the Council may make and levy water rates in accordance with this section.
(2.)
Such rates may be made and levied in respect of—
(a.)
The ordinary supply within the meaning of any by-law defining the same;
(b.)
The extraordinary supply within the meaning of any by-law defining the same; and
(c.)
Water-meters provided by the Council for measuring the quantity of water supplied. •
(3.)
Water rates in respect of the ordinary supply and the extraordinary supply as aforesaid shall be based on the annual value, as appearing on the valuation roll, of the property in respect of which those rates are levied.
(4.)
In respect of the ordinary supply to lands and dwellinghouses to which water is supplied the rate shall be computed as follows:—
(a.)
Where the annual value does not exceed twelve pounds ten shillings, the rate shall not exceed ten shillings per annum.
(b.)
Where such value exceeds twelve pounds ten shillings, the rate shall not exceed six per centum.
(5.)
In respect of the ordinary supply to buildings (other than dwellinghouses) to which water is supplied the rates shall not exceed one-half of the rates specified in the last preceding subsection.
(6.)
In respect of lands and buildings to which water can be but is not supplied situate within one hundred yards from any part of the waterworks the rates shall not exceed one-half of the rates specified in subsection four hereof.
(7.)
In respect of the extraordinary supply the rates shall be such as may be fixed by any by-law in that behalf or as may be agreed on, subject to any such by-law, with any person receiving such supply.
(8.)
In respect of any water-meter the rates shall comprise such annual charges as may be fixed by any by-law in that behalf.
83 Unoccupied dwelling to pay half rates. 1908, No. 124, sec. 8
In every case where—
(a.)
Any dwellinghouse or other building remains actually vacant and unoccupied for a period of not less than six months in any year, whether continuously or not; and
(b.)
The person rated in respect thereof gives to the Council, within fourteen days after the expiration of such period, notice in writing of the dates on which such house or building became vacant and unoccupied, and on which it again became occupied,—
then such person shall be liable to pay only half the amount which would otherwise be payable for the year’s water rates in respect of such dwellinghouse or other building, and shall be entitled to a refund of any sum paid in excess of such half.
84 Water rates in boroughs where system of rating on unimproved value is in force. 1913, No. 62, sec. 51
(1.)
In every borough in which the system of rating on the unimproved value is in force with respect to water rates and which gives a water-supply the Council shall not make or levy water rates in respect of the ordinary supply under the foregoing provisions, but may make and levy such water rates as under:—-
(a.)
On all lands and dwellinghouses to which water is supplied, a rate on the unimproved value not exceeding the equivalent of a rate of one penny in the pound on the capital value of such lands and dwellinghouses:
Provided that if such rate would produce less than ten shillings in respect of any such land or dwellinghouse a charge of not more than ten shillings may be made and levied:
(b.)
On all lands and dwellinghouses to which water can be but is not supplied, situate within one hundred yards from any part of the waterworks, a rate not exceeding one-half of the rates above mentioned:
(c.)
On all buildings other than dwellinghouses, a rate not exceeding one-half of the rates mentioned in paragraph (a) hereof.
(2.)
This section shall extend and apply for all purposes to the case of water rates in respect of the ordinary supply made under the provisions of section one hundred and forty-eight of the Road Boards Act, 1908, by the Board of any road district in which the system of rating on the unimproved value is in force.
85 Water rates to be payable in advance. 1908, No. 124, sec. 85 1913, No. 62, sec. 9
(1.)
All water rates for an ordinary supply shall be payable in advance on such day or days, either yearly or half-yearly, as the Council determines.
(2.)
Where any land or building becomes liable to a water rate after the date fixed for such yearly or half-yearly payment, as the case may be, a part only of such rate proportionate to the unexpired part of the year or half-year shall be payable in advance on such liability accruing.
(3.)
Where water is supplied to a new building not valued in the valuation roll then in force, the valuer for the time being of the Council, under the Rating Act, 1908, shall by writing under his hand fix the value for water-rate purposes of the premises whereon such building is erected, and water rates shall be payable accordingly until the next rate-book is made.
(4.)
Water rates for an extraordinary supply, and all other charges shall be paid at such times as the Council directs.
86 In default of payment of water rates water-supply may be stopped by Council. 1908, No. 124, sec. 86
If any person refuses or fails to pay any water rate for which he is liable, the Council may, without prejudice to any other remedy for the recovery of such rate, stop, in such manner as the Council thinks fit, the supply of water to the premises in respect of which such rate is payable, and may recover from such person the whole expense incurred in stopping such supply.
87 Recovery of water rates. Ibid., sec. 87
All water rates or charges for the supply of water within or outside the boundaries of any borough, or otherwise accruing from the waterworks, shall be deemed to be separate rates, and may be recovered accordingly.
88 Lighting rate. Ibid., sec. 88
The Council may, if it thinks fit, make and levy an annual lighting rate upon all ratepayers in the borough for the purpose of lighting the streets and public buildings in the same, but such rate shall not exceed sixpence in the pound in any one year on the annual value of the rateable property in the borough
89 Separate rate, for sanitation purposes. Ibid., sec. 89 1913, No. 62, sec. 10
(1.)
Where the Council itself undertakes or contracts for the removal of refuse, or the supply of dry earth or deodorizing substances for or the cleansing of closets, privies, or cesspools not connected with any public drain, for the borough or any part thereof, the Council may in respect thereof make and levy in any year a separate rate of such amount as will, in the opinion of the Council, be sufficient to cover the estimated expenditure of the Council for that year in respect of the works for which the rate is levied:
Provided that such rate shall be levied only upon such properties as have a building erected thereon from which the Council is prepared to remove all refuse.
(2.)
In lieu of making and levying such rate the Council may levy a uniform annual fee:
Provided that any such annual fee in respect of the cleansing of closets or privies may be a uniform annual fee for each pan in such closets or privies:
Provided further that in any case where, in the opinion of the Council, the refuse from any land or building is principally trade-refuse or is excessive in quantity the Council may, if it thinks fit, in lieu of levying such rate, make a reasonable charge for the removal of such refuse, or may require the owner or occupier of the land or building to have the same removed regularly at his own cost.
(3.)
Such annual fee shall be recoverable as a rate, and shall form part of the District Fund.
90 Separate rate for drainage purposes.
(1.)
The Council may, if it thinks fit, make and levy an annual drainage rate, not exceeding sixpence in the pound, on the annual value of all rateable property situated within the borough and served, either directly or through a private drain, by a public drain.
(2.)
The proceeds of such rate shall be available only for the purpose of the maintenance and extension of public drains within the borough.
91 Library rate. 1908, No. 124, sec. 90
(1.)
The Council may, in any borough having a public library, make and levy an annual library rate not exceeding a rate equal to one penny in the pound on the annual value of the rateable property in the borough.
(2.)
Where money is borrowed upon the security of a library rate, such rate shall, for the purposes of the loan, be deemed a special rate within the meaning of this Act, and the provisions thereof as to special rates shall apply accordingly.
92 Harbour rate. Ibid., sec. 91
Any Council authorized by this Act or the Harbours Act, 1908, to construct harbour-works may by special order declare and define the part of the district or districts within the jurisdiction of such Council which will be specially benefited by any harbour-works, and may levy a separate rate in such part for the constructing or maintaining of harbour-works; but no such rate shall be levied save upon a petition as mentioned in section eighty hereof, and no such rate shall exceed in any one year three-eighths of a penny in the pound on the capital value of the rateable property in such part.
Annually Recurring Separate Rate.
93 Separate rate may be made an annually recurring rate. Ibid., sec. 92
Any separate rate made for the construction of a special work or the engaging in a special undertaking may, if the Council making the same so directs by special order, be an annually recurring rate, leviable without further proceeding on the part of the Council until such work or undertaking is completed.
Special Rates.
94 Rates levied as security for loans deemed to be special rates. Ibid., sec. 93
(1.)
Every rate made and levied under the authority of this or any other Act, and intended as security for the repayment of moneys borrowed, shall be deemed to be a special rate within the meaning of the Local Bodies’ Loans Act, 1913, and the provisions of that Act relating to special rates shall accordingly apply.
(2.)
No special rate shall be quashed by any proceedings in any Court or otherwise.
Consolidated, Rates.
95 Authority for consolidation of general and other rates.
(1.)
In lieu of making or levying separately the general rate and any special or separate rates leviable over the whole borough or over any ward or defined portion thereof, the Council may in any year, by resolution publicly notified, make and levy over the same area a rate (hereinafter referred to as a consolidated rate) of such amount as will produce a sum not greater than the sum that would be produced by making and levying the said rates separately.
(2.)
A demand for any consolidated rate shall specify the several rates in lieu of which the consolidated rate has been made.
(3.)
Nothing in this section shall be so construed as to affect in any way the security afforded to any creditor of the Council by any special rate.
(4.)
Nothing in this section shall be so construed as to render liable to a consolidated rate any property which is not liable to the general rate and to the special and separate rates for which such consolidated rate is substituted, or to render any such property liable to rates in excess of the aggregate amount of rates to which it would be liable if this section had not been passed.
(5.)
The proceeds of a consolidated rate made and levied under this section shall be applied in the manner following, that is to say
(a.)
Firstly, for the purposes for which the proceeds of the special rates (if any) would be available;
(b.)
Secondly, for the purposes for which the proceeds of the separate rates (if any) would be available; and
(c.)
Thirdly, for the purposes for which the proceeds of the general rate would be available.
Miscellaneous.
96 Council may cause special valuation of new buildings to be made.
(1.)
The Council of any borough in which the system of rating on the capital value or the unimproved value is in force may, if it thinks fit, make a valuation of new buildings of other improvements effected since the last general revision by the Valuer-General of the valuation roll for the district.
(2.)
In any such case the Council shall give notice to the owner and occupier of the property of the value assigned to the new building or improvements, as the case may be, and shall forward a copy of such notice in duplicate to the Valuer-General.
(3.)
The owner or occupier of such property may, within fourteen days after the date on which notice is so given, lodge with the Council an objection to the proposed valuation.
(4.)
All objections under this section shall be forwarded to the Valuer-General, and shall be dealt with in the same manner as objections under the Valuation of Land Act, 1908.
(5.)
The Valuer-General shall forward to the Council a notification of the valuation as finally determined, and the Council shall cause such valuation to be entered on the valuation roll.
97 Rating Act applied. 908, No. 124. sec. 94
Except as may be otherwise provided herein the provisions of the Rating Act, 1908, shall apply to all rates made under this Act.
98 Special provision in respect of rates levied on unimproved value. 1908, No. 124, sec. 95
If any rates authorized to be made by this Act are leviable on the unimproved value, then every rate levied on the unimproved value shall be so adjusted as to equal, as nearly as may be, but not to exceed, in its producing-capacity the rate that would be made and levied on the annual value or capital value.
Part XII Finance Generally
Overdrafts and Deposits.
99 Overdrafts. Ibid., secs. 96, 98
(1.)
The Council may, in anticipation of its revenue receivable under the General Account and all separate accounts, from time to time borrow moneys from the bank by way of overdraft or from any corporation or persons by way of temporary loan.
(2.)
It shall not be lawful for the Council to borrow moneys as mentioned in this section at a higher yearly rate of interest than six per centum, or to enter into any engagements or contracts whereby the total liabilities of the Council (exclusive of all loans lawfully raised and debentures lawfully issued) shall, at the end of the month of March in any year, exceed, exclusive of any moneys borrowed or any moneys received from rates levied upon any portion only of a borough or from special rates, the amount of the income of the Council for that year.
(3.)
The provisions of section fifty-three of the Local Bodies’ Loans Act, 1913, shall, with the necessary modifications, apply to moneys borrowed under this section.
(4.)
The limits of the powers to borrow defined in this section shall not be interpreted to affect the right of any bank or corporation or persons to be repaid out of the funds of the Corporation any moneys advanced in good faith by it or them to the Council.
100 Deposit at interest. Ibid., sec. 99
The Council 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 Council 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.
Expenditure.
101 Council may promote Bills. Ibid., sec. 100
The Council may, out of the District Fund, expend moneys in and about preparing and passing through Parliament any Bill which directly affects the interests of the inhabitants of the borough.
102 Payment of expenses in respect of Licensing Committee. Ibid., sec. 102
The Council may apply any part of the District Fund in payment to the Clerk of each Licensing Committee within the district of such sum as the Council from time to time thinks fit, and in defraying the necessary expenses lawfully incurred by any such Licensing Committee in connection with the administration of any Act for the time being in force within the district regulating the sale of intoxicating liquors.
103 Travelling-expenses of Councillors. 1910, No. 81, sec. 13
The Council may, out of its District Fund, pay to Councillors travelling on business of the Council with the authority of the Council such travelling expenses as may be fixed by regulations made by the Governor-General in Council.
104 Payment under guarantee of joint Superannuation Fund. Ibid., sec. 34
Where two or more boroughs agree to establish a united Superannuation Fund under the Local Authorities Superannuation Act, 1908, the moneys payable under the guarantee provided by section eleven of that Act shall be paid in the proportion which the several subsidies payable to the fund by those boroughs bear to one another.
105 Payment of annual subscription to municipal Association. 1951, No. 78, sec. 6
A Council affiliated to the New Zealand Municipal Association may from time to time, out of its General Account, pay the annual subscription of the Council to the association and the actual reasonable travelling-expenses of its representatives (not exceeding forty pounds in any year) incurred in attending meetings of the conferences and of the executive committee of the association.
106 Apportionment of income for each ycar. 1908, No. 124, sec 103.
The Council shall in each year apportion the gross estimated income of the borough from all sources, not being rates or other moneys made and levied for or appropriated to any special work or purpose by any other provision of this or any other Act, in manner following, that is to say:—
(a.)
In payment, in the first instance, of the general debts and liabilities of the district as a whole which are not included in the special appropriations hereinafter mentioned, and of the general expenses incident to the administration of this Act and of the affairs of the borough:
(b.)
In payment of contributions required by this or any other Act to be made out of the District Fund:
(c.)
In payment of the cost of constructing, establishing, providing, and maintaining such works, matters, and things in or for the borough as are prescribed by this Act or as the Council annually, not sooner than three months before the making of the rates for the year, by special order directs to be respectively constructed, established, provided, and maintained out of the general funds of the district:
(d.)
The remainder of such annual income shall, subject to the next succeeding section, be apportioned amongst the wards in proportion to the amount of general rates received from such wards respectively in such year.
107 Adjustments in succeeding years. Ibid., sec. 104
Where from any cause, in any year, an allocation as provided in the last preceding section cannot be made among the wards of a borough, and any ward receives in such year any more or less than the proportion which it ought to have received, then such ward shall in succeeding allocations receive such a reduced or increased proportion of income as may suffice to reduce or increase the amount to be received by such ward on the whole to that which it ought to receive under the last preceding section.
108 Application of surplus of separate rate. Ibid., sec. 105 1915, No. 78, sec. 8.
Where there is any surplus of any moneys raised by way of separate rate after the completion of the special work or purposes for which they were raised, such surplus may be expended for such other special purposes or special works as may be determined by a special order in that behalf.
109 Government not liable for borough debts. 1908, No. 124, sec. 106
No claim of any creditor of a borough shall attach to or be paid out of the public revenues of New Zealand, or attach to or be paid by the Government.
Part XIII Accounts
110 “Trading undertaking”
defined.
(1.)
In this Part of this Act “trading undertaking”
means any tramway service, ferry service, or other service for the conveyance of passengers or goods, any gas or electric-light undertaking, any power-supply undertaking, and includes such other undertakings as may from time to time be declared by the Governor-General in Council to be trading undertakings.
(2.)
Nothing in this Part of this Act relating to fire-insurance funds, accident funds, renewal funds, and reserve funds respectively in connection with any trading undertaking shall apply with respect to any trading undertaking in connection with which any Council is by special Act authorized to establish any such fund.
111 Accounts to be kept in accordance with requirements of Audit Office. 1908, No. 124, sec. 107
The Council shall keep such accounts, and keep them in such manner, as may be prescribed by the Audit Office, but so always that—
(a.)
A General Account shall be kept, and credited with all moneys not required by this Act or by any regulation thereunder to be carried to any other account, and debited with ordinary expenditure;
(b.)
Separate accounts shall be kept of all moneys raised or levied for, or appropriated or allocated to or held in trust for, any special purpose; and
(c.)
A profit and loss account shall be kept in respect of each trading undertaking carried on by the Council.
112 Fire Insurance Fund. 1910, No. 81, sec. 17
The Council may from time to time set aside out of its General Account any moneys to form a fund for the re-erection, repair, or reinstatement of any buildings or other property of the Corporation that may become destroyed or damaged by fire, and may from time to time invest any moneys so set aside and pay the proceeds of such investment into the said fund.
113 Council may establish accident funds.
(1.)
The Council may from time to time set aside out of its General Account any moneys to form a fund or funds to meet claims for accidents arising in connection with any trading undertaking of the Council, but no greater sum shall be set aside in any one year than the amount that, at current rates, would have been payable for that year in respect of the insurance of workers employed by the Council and in respect of insurance against public risk.
(2.)
The Council may from time to time invest any moneys so set aside and pay the proceeds into the General Account.
114 Council may establish renewal funds in connection with trading undertakings.
(1.)
The Council may in any year, after making provision for the payment of interest and sinking fund in respect of any loans in connection with any trading undertaking carried on by it, and for maintenance and repairs, make an appropriation from the revenue of that undertaking to provide a Renewal Fund.
(2.)
An appropriation under this section shall not exceed in any year one and a half per centum of the value of the depreciable assets of the trading undertaking as fixed by the Council, subject to the approval of the Controller and Auditor-General.
115 Council to appoint Commissioners of Renewal Fund.
(1.)
The Council, having made an appropriation for a Renewal Fund under the last preceding section, shall appoint three Commissioners to be called “Renewal Fund Commissioners,”
and thereupon sections thirty-five, thirty-six, and thirty-nine of the Local Bodies’ Loans Act, 1913, shall, with the necessary modifications, apply to such Commissioners in like manner as if they were Sinking Fund Commissioners appointed under the said section thirty-five.
(2.)
No Councillor or employee of the Council shall be appointed a Commissioner under this section.
116 Renewal Fund to be paid to Commissioners.
The Council shall pay to the Renewal Fund Commissioners all moneys that may from time to time be appropriated by it for the purposes of a Renewal Fund.
117 How fund to be invested by Commissioners.
(1.)
The Commissioners may invest all moneys received by them pursuant to the last preceding section in the manner following, that is to say:—
(a.)
In New Zealand Government securities; or
(b.)
On deposit in any bank lawfully carrying on the business of banking in New Zealand; or
(c.)
In any other securities that may from time to time be authorized by the Governor-General in Council.
Accounts
(2.)
Separate accounts shall be kept by the Commissioners of all moneys paid to or received by them in respect of each trading undertaking, and in preparing the yearly statement of accounts, pursuant to section thirty-nine of the Local Bodies’ Loans Act, 1913, as applied by this Act, the Commissioners shall show in detail the amount of all moneys paid to or received by the Commissioners as aforesaid.
118 Application of Renewal Fund by Commissioners.
All moneys received by the Commissioners as aforesaid in respect of any trading undertaking, together with all accumulations thereof, shall be held by the Commissioners upon trust to pay the same to the Council, either in one sum or from time to time by instalments in respect of that undertaking, for the purpose of renewing or replacing the plant of the undertaking, or any part or parts thereof, that may from time to time become worn out, obsolete, or incapable from any other cause of further usefulness in connection with the undertaking.
119 Demands on Commissioners.
(1.)
Every demand made by the Council upon the Commissioners for any sum shall be accompanied by a copy of the resolution duly passed by the Council calling up such money, and by a full specification of the works proposed to be done. No such demand shall be for a less sum in any case than five hundred pounds or for the total amount standing to the credit of the Renewal Fund if that amount is less than five hundred pounds.
(2.)
Every such resolution of the Council shall contain a statement that the money proposed to be called up is required to replace plant or material that has become worn out or obsolete, or is incapable from any other cause of further usefulness, and shall be certified by the Mayor and Town Clerk as a correct copy of the resolution.
120 Commissioners may call for report in respect of demand made upon them.
(1.)
The Commissioners may call for a report by an engineer or other qualified person to be appointed by them in respect of any demand under the foregoing provisions.
(2.)
Such engineer or other person shall have the right to inquire into the reasons why the Council proposes to expend the money asked for and the nature and extent of the work proposed to be done.
(3.)
The Commissioners may pay to such engineer or other qualified person, out of the moneys held by them in respect of the undertaking to which the report relates, a reasonable sum for his services.
121 Commissioners may pay amount of demand by instalments, or may decline to pay except on order of Supreme Court.
(1.)
The Commissioners may pay the money so demanded by instalments as the works proceed, or may decline to pay the said money except under an order of the Supreme Court, in which case the Council may, by a summons in Chambers, apply for an order directing the Commissioners to pay to the Council the money so demanded, and if the Court is satisfied that the money required is necessary to replace or renew plant which has become worn out or obsolete, or incapable from any other cause of further usefulness, the Court may make an order authorizing the payment of the money to the Council.
(2.)
The decision of the Supreme Court in any such case shall be final.
122 Commissioners not to be responsible to see to application of fund by Council.
The Commissioners shall not be obliged to see to the application of any moneys which may from time to time be paid by them to the Council under the foregoing provisions of this Part of this Act.
123 Council may establish reserve funds for trading undertakings.
(1.)
A Council, having established a Renewal Fund as aforesaid in respect of any trading undertaking, may in any year make an appropriation from the revenue of that undertaking to provide a Reserve Fund.
(2.)
An appropriation under this section shall not exceed in any year one and a half per centum of the value of the depreciable assets of the trading undertaking as fixed by the Council, subject to the approval of the Controller and Auditor-General.
(3.)
The Council shall, in the month of April in each year, pay such appropriation into a separate bank account.
(4.)
The moneys paid into such account shall be applied for such extensions and improvements of the undertaking in connection with which the fund is established as the Council thinks fit.
(5.)
If at any time the Renewal Fund is insufficient for the purposes for which it is established, the Council may use any part of the Reserve Fund for those purposes.
(6.)
The Council may invest any part of the Reserve Fund in manner following:—
(a.)
In New Zealand Government securities; or
(b.)
On deposit in any bank lawfully carrying on the business of banking in New Zealand; or
(c.)
In any other securities that may from time to time be authorized by the Governor-General in Council.
(7.)
Separate accounts shall be kept by the Council of all moneys paid to or received by them in respect of such Reserve Fund, and all such accounts shall be audited by the Audit Office.
124 Transfers to General Account from separate accounts. 1910, No. 81, sec. 18
The Council may annually transfer to the General Account from each separate account kept by it such sum as in the opinion of the Council represents the proportionate part of the payment made out of the General Account to any accident fund that may be established by the Council and of the office, clerical, legal, and other like expenses of the Council attributable to such separate account:
Provided that if the Audit Office considers that the sum so transferred is excessive, or that no sum should be transferred from any particular separate account, the Council shall forthwith retransfer from the General Account the whole, or so much thereof as the Audit Office directs, of the sum transferred from that separate account.
125 Profits of waterworks or lighting-works may be transferred to General Account. 1908, No. 124, sec. 108 1913, No. 62, sec. 11
(1.)
The Council may from time to time transfer to the General Account any surplus remaining to the credit of any separate account which the Council is obliged by law to keep, showing the moneys accruing from any public works or trading undertakings executed, maintained, or carried on by the Council, or to transfer the whole or any part of such surplus to a separate account for the maintenance or renewal of such works:
Provided that no moneys shall be so transferred till due provision is first made for all sums with which the separate account is by law chargeable.
(2.)
If the balance in any of the separate accounts is at any time insufficient to meet the lawful charges thereon, the Council may transfer such sums as are necessary from the General Account to meet the same, and may at any time repay any sum so transferred out of any excess in the receipts over the liabilities of any such account.
(3.)
It shall not be lawful to make any transfer from any one to any other of such separate accounts, except as in this Act provided.
126 Inspection of accounts by ratepayers and others. 1908, No. 124, sec. 109.
Any Councillor or ratepayer, or the Clerk, or any person holding any security charged upon the property of the borough, may inspect the accounts of the Treasurer, 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.
127 Regulations as to collection of and accounting for Corporation moneys. Ibid., sec. 110
The Governor-General may from time to time make regulations respecting—
(a.)
The giving of security by officers of the Council;
(b.)
The manner of recovering moneys and paying the same into the District Fund, and banking the same;
(c.)
The accounting by collectors and other officers, and the recovery of Corporation moneys from persons liable to account for the same; and
(d.)
Generally respecting the collection of Corporation moneys and the accounting for the same.
128 Offences by officers with respect to moneys or accounts. Ibid., sec. 111
(1.)
If any officer fails to render any accounts required by this Act or by regulations under this Act, or to deliver up the vouchers relating thereto in his possession, or fails for five days after demand thereof to deliver up to the Council, or to any person authorized by the Council to receive the same, all matters and things in his possession or control belonging to the Council or relating to the execution of this Act or any regulation or by-law under this Act, any two Justices may hear and determine the matter in a summary way, and may order such person to render such accounts, or to deliver up such vouchers, matters, or things.
(2.)
If such person neglects or refuses to obey such order he may be committed to prison by any Justice for any period not exceeding six months.
(3.)
No such proceeding against or dealing with any officer as aforesaid shall deprive the Council of any remedy which it might otherwise have against any such officer or against any surety of such officer, or shall exempt any person from any civil or criminal proceedings to which he might otherwise be liable.
129 Councillors may be required to pay costs of proceedings in certain cases. 1908, No. 124, sec. 115
If in any proceedings by information at the suit of the Attorney-General or Solicitor-General it is decided that the Council has wrongfully or illegally disposed of or dealt with any of the real or personal property of the borough, or has applied the same to any purpose to which it was not lawfully applicable, or that the Council has permitted any of the reserves the management of which is vested in it to be used for purposes not authorized by law, or if by any such proceedings the Council is restrained from doing any such things, then it shall not be lawful for the Council to pay out of the District Fund any costs or other expenses arising out of such proceedings or incurred in doing the things to which such proceedings relate; but the Court shall order that the members of the Council who, by voting or otherwise, assented to the illegal acts complained of shall pay all such costs and expenses.
DIVISION IV ALTERATIONS IN DISTRICTS
Part XIV New Cities and Boroughs, and Alteration of Boundaries
130 Proclamation of new cities. Ibid., sec. 116
(1.)
The Governor-General may from time to time proclaim any borough having a population of not less than twenty thousand to be a city, and every such Proclamation shall have effect accordingly.
(2.)
The Corporation of every such borough shall nevertheless remain the same Corporation.
131 Constitution of new boroughs. 1913, No. 62, sec. 13
(1.)
Any area having the qualifications for a borough prescribed by paragraph (c) of section three hereof may at any time be constituted a borough in the manner following:—
(a.)
A petition in accordance with regulations, praying that any area be constituted a borough, shall be presented to the Governor-General. Every such petition shall be signed by not less than one-fifth of the persons for the time being entitled in respect of a qualification within that area to vote at the election of a member of any local authority, and shall be accompanied by a deposit of ten pounds.
(b.)
The Minister of Internal Affairs shall thereupon gazette and publicly notify a notice containing an approximate description of the proposed boundaries of the new borough, and calling upon all persons affected to lodge any written objections to or petitions against the constitution thereof within one month from the first publication of the notice.
(c.)
As soon as practicable after the expiration of one month from the first publication of the notice as aforesaid, the Governor-General shall direct a Commission, consisting of a Magistrate, the Commissioner of Crown Lands for the land district, and a District Valuer under the Valuation of Land Act, 1908, to inquire and report to him upon the subject-matter of the original petition, and as to the suitability for municipal control of the area referred to in the original petition. For the purposes of such report the Commission shall consider the objections or petitions (if any) lodged as aforesaid, and may in its report make such alterations in the proposed boundaries as it deems necessary and advisable, but no alteration shall be made • that will leave the area without the qualifications prescribed by paragraph (c) of section three hereof.
(d.)
The Commission shall have all the powers of a Commission under the Commissions of Inquiry Act, 1908.
(e.)
If the Commission reports that the area referred to in the original petition, or that area as altered by the Commission as hereinbefore provided, is suitable for municipal control and possesses the qualifications aforesaid, but not otherwise, the Governor-General shall direct that a poll be taken within the area as fixed by the Commission upon the proposal that the area so fixed shall be constituted a new borough.
(f.)
The Governor-General may, by Order in Council, make such appointments and arrangements (including the preparation of a voters roll) as he deems necessary for the purpose of taking the poll.
(g.)
The voters roll shall contain the names of all persons possessing, in respect of the area fixed as aforesaid, qualifications entitling them to be placed on the electors list of any local authority any part of whose district is within the area in which the poll is to be taken, and of no others, and each such person shall have and may exercise one vote and no more:
Provided that the omission from such roll of the name of any person entitled to be placed thereon, or the inclusion on such roll of any person not entitled to be placed thereon, shall not invalidate either the roll or the poll.
(h.)
If the result of the poll is in favour of the proposal, the Governor-General shall, by Proclamation, constitute as a borough the area within which the poll was taken, and shall fix the name of the new borough.
(i.)
The Governor-General may leave such new borough undivided, and, by Proclamation, fix the number of Councillors therefor; or he may, by Proclamation, divide the borough into wards and fix the names of such wards and the number of Councillors for each ward.
(2.)
The cost of all proceedings under this section (including the cost of taking the poll) shall be defrayed by such of the local authorities concerned, and in such proportions as the Governor-General by Order in Council directs.
(3.)
If on the taking of the poll the number of votes cast in favour of the proposal is less than one-fourth of the number cast against it, the deposit paid pursuant to paragraph (a) of subsection one hereof shall be forfeited and applied towards the cost of taking the poll, and in all other cases it shall be returned to the person by whom the petition was presented.
(4.)
If the result of the poll is not in favour of the proposal, then no fresh petition containing a like proposal dealing with substantially the same area shall be presented to the Governor-General within two years after the date of the poll.
(5.)
Upon any area being constituted a borough it shall cease to form part of the district or districts to which it formerly belonged, but the entity of the Corporation or Corporations of such district or districts shall not thereby be affected.
(6.)
Where a borough is constituted comprising only the whole of a then existing district the following provisions shall apply:—
(a.)
The Corporation of such borough shall, in respect of all property, rights, claims, obligations, liabilities, contracts, and engagements, and for all purposes whatsoever, be deemed to be the same Corporation as that existing in the district at the time of its becoming a borough.
(b.)
The local authority of the district shall continue to exist during the period between the constitution of the borough and the date when the first Councillors of the borough come into office; and every person holding any office in or under any such local authority shall continue to hold office until the time when, if appointed or elected under this Act, he might be removed from or would vacate the same.
(c.)
Any valuation roll and any electors list or roll in force in the district at the time of its becoming a borough shall be deemed to be the valuation roll and the electors list or roll respectively for the borough.
(d.)
All by-laws in force within the district at the time of its becoming a borough shall continue in force until altered or revoked in the manner provided by this Act.
(7.)
Where a new borough is constituted and comprises part only of the area of a then existing district the following provisions shall apply
(a.)
The local authority of such district shall, during the period between the constitution of the borough and the date when the first Councillors of the borough come into office, continue to exercise its functions with respect to the area comprised in the new borough in like manner in all respects as if such area were still in its district and the new borough had not been constituted.
(b.)
The provisions of this Act as to financial and other adjustments shall extend to and include the aforesaid period.
(8.)
Where a new borough is constituted, comprising the whole of a then existing district and part of any other district, the following provisions shall apply:—
(a.)
In respect of that portion comprising the whole of a district, the provisions of paragraphs (a) and (b) of subsection six hereof.
(b.)
In respect of that portion comprising part of a district, the provisions of paragraphs (a) and (b) of subsection seven hereof.
132 Alteration of boundaries of boroughs 1913, No. 62, sec. 14 1914, No. 46, sec. 2
(1.)
The boundaries of a borough may at any time be altered in the manner following:—
(a.)
A petition in accordance with regulations, praying the Governor-General to include any defined adjoining area in the borough, or, as the case may be, to exclude any defined area from the borough and to include it in a county or some other district, shall first be presented to the Governor-General. Every such petition shall be signed by not less than one-fourth of the persons for the time being entitled in respect of a qualification within that area to vote at the election of a member of any local authority.
(b.)
The Minister of Internal Affairs shall thereupon gazette and publicly notify a notice setting out the proposed alteration of boundaries, and, in cases where an area is proposed to be added to a divided borough, stating in what ward or wards the area is proposed to be included, and calling upon all persons affected to lodge any objections in writing to or petitions against the proposed alteration within one month from the first publication of such notice.
(c.)
After duly considering the original petition and the objections so lodged (if any), the Governor-General may make the alteration prayed for by the original petition, or any other alteration involving the severance from any district and the inclusion in any other district of part or parts only of the area mentioned in the original petition, or he may direct a Commission, consisting of a Magistrate, the Commissioner of Crown Lands for the land district, and a District Valuer under the Valuation of Land Act, 1908, to inquire and report to him upon the subject-matter of the original petition and the objections lodged as aforesaid (if any), and as to the suitability or otherwise for municipal control of the area referred to in the original petition, and to recommend such alterations of the boundaries of the area (whether by inclusion in or exclusion from that area of any lands) as they deem necessary and advisable.
(d.)
If the Commission reports that the area referred to in the original petition, or the area recommended by the Commission, should be included in or excluded from the borough, as the case may be, the Governor-General may, by Order in Council, make the alteration recommended by the Commission, or such other alteration involving the severance from any district and the inclusion in any other district of part or parts only of the area mentioned in the original petition or in the report of the Commission, as he thinks fit.
(e.)
The Governor-General may, if he thinks fit, after receiving the report of the said Commission, and before making any such alteration, direct that a poll be taken within the area recommended by the Commission to be included in or excluded from the borough upon the proposal that such area shall be so included or excluded.
(f.)
The Governor-General may, by Order in Council, make such appointments and arrangements (including the preparation of a voters roll) as he deems necessary for the purpose of taking such poll.
(g.)
The voters roll shall contain the names of all persons possessing, in respect of the area aforesaid, qualifications entitling them to be placed on the electors list of any local authority the whole or any part of whose district is within the area and of no others, and each such person shall have and may exercise one vote and no more:
Provided that the omission from such roll of any person entitled to be placed thereon, or the inclusion on such roll of any person not entitled to be placed thereon, shall not invalidate either the roll or the poll.
(h.)
The cost of all proceedings under this section (including the cost of taking the poll) shall be defrayed by such of the local authorities concerned and in such proportions as the Governor-General by Order in Council directs.
(2.)
Any area included in a borough or any other district under this section shall thenceforth form part of that borough or district accordingly.
(3.)
An alteration may be made under this section notwithstanding that the effect of the alteration may be that the borough may thereby exceed the limits of area or distance between points prescribed by paragraph (c) of section three hereof.
(4.)
Where the boundaries of a borough are altered under this section the Governor-General may, by Order in Council gazetted,—
(a.)
In the case of a divided borough, declare in what ward any area added to the borough shall be included, or declare that the area so added shall form a new ward or new wards, and fix the name of each new ward and the number of Councillors therefor; or redivide the borough into new wards and fix the name of, and the number of Councillors for, each new ward:
(b.)
In the case of an undivided borough, divide the borough into wards and fix the names of the same, and the number of Councillors for each ward:
(c.)
Make provision where expedient for the dissolution of the Corporation of the district from which the said area was taken, and for the merger of the remaining area of that district in some other district, and may declare to what subdivision of such other district such remaining area shall be added:
(d.)
Declare to what district and subdivision thereof any area excluded from the borough shall belong.
133 Areas adjacent to borough may be included therein on petition of Council.
(1.)
If the Council is of opinion that any lands adjacent to the borough, and not being portion of any other borough or of a town district, ought to be included in the borough, the Council may present a petition to the Governor-General praying that the boundaries of the borough may be altered so as to include such adjacent lands therein.
(2.)
Every such petition shall define with reasonable certainty the boundaries of the lands proposed to be included.
(3.)
On presentation to the Governor-General of such petition the Governor-General may, if he thinks fit, direct a Commission, consisting of a Magistrate, the Commissioner of Crown Lands for the Land District, and a District Valuer under the Valuation of Land Act, 1908, to inquire and report to him as to whether the lands defined in the petition, or any part thereof, should be included in the borough.
(4.)
Such Commission shall have all the powers of a Commission under the Commissions of Inquiry Act, 1908.
(5.)
If the Commission reports to the Governor-General that such lands, or any part thereof, ought to be included in the borough, the Governor-General may, by Proclamation, alter the boundaries of the borough in accordance with the report of the Commission.
(6.)
The provisions of subsections three and four of the last preceding section shall, with the necessary modifications, apply in the case of the alteration of the boundaries of a borough under this section.
134 Reclaimed land may be added to borough by Proclamation. 1908, No. 124, sec. 119
(1.)
The Governor-General may from time to time by Proclamation, on the petition publicly notified of the Council, alter the boundaries of a borough so as to include therein any land reclaimed from the sea adjacent to such borough, or any land that in his opinion should be included in the borough and in respect of which there are no electors.
(2.)
Such Proclamation may declare that the land proposed to be included in the borough shall be added to any particular ward thereof, or may declare what portions of such land shall be added to any of the wards of the borough respectively.
Union of Boroughs.
135 Union of adjoining boroughts. Ibid., sec 120 1913, No 62, sec. 15
(1.)
Any two or more boroughs forming one continuous area may be constituted one united borough in the manner following:—
(a.)
A poll of the electors of at least one of such boroughs shall be taken on the proposal that such boroughs be constituted one united borough.
(b.)
The poll may be taken in pursuance of a special order of the Council of such borough, and shall be taken within thirty days after presentation to the Council of a request in writing that a poll be taken, signed by not less than ten per centum of the electors of such borough.
(c.)
If the result of the poll is in favour of the proposal, but not otherwise, a petition, under the common seal of the Corporation, shall, within thirty days after the taking of the poll, be presented to the Governor-General by the Council of the borough in which the poll was taken, praying that such boroughs be constituted one united borough.
(d.)
If the Council of each of the other boroughs concerned also presents to the Governor-General a similar petition under the common seal of the Corporation, the Governor-General may, by Proclamation, constitute such boroughs one united borough, by such name as is assigned thereto by such Proclamation, and such several boroughs shall, on a date to be specified in the Proclamation, become and be such one borough accordingly under this Act.
(2.)
Any union of boroughs may be made under this section notwithstanding that the effect thereof may be that the united borough so constituted may exceed to any extent the limits of area or distance between points prescribed by paragraph (c) of section three hereof.
(3.)
All valuation rolls, electors lists, electors rolls, and rate-books in force in the boroughs forming any united borough on the taking effect of any such Proclamation shall continue in force in the united borough until new valuation rolls and electors lists and rolls and rate-books respectively are made for such united borough under this Act.
136 United borough may be undivided, or subdivided into wards. 1908, No. 124, sec. 121
The Governor-General may, by Proclamation, either declare such united borough to be an undivided borough and assign thereto such number of Councillors as he thinks fit, or divide such united borough into wards, but so that each ward shall contain a population of not less than one thousand, and assign such names and boundaries and the number of Councillors to each ward as he thinks fit, and upon the taking effect of such Proclamation the division of wards theretofore existing of the several boroughs so united shall cease.
137 Constitution of first Council of united borough. Ibid., sec. 122 1915, No. 78, sec. 3
The Mayor of the borough having the largest population shall be the first Mayor of the united borough, and shall continue in office until the coming into office of the first elected Mayor of the united borough; and the other Mayor or Mayors shall be a Councillor or Councillors of the united borough, and he or they and the Councillors of the several boroughs shall, until the first biennial election of Councillors after the said union, be and continue to be the duly constituted Council of such united borough, irrespective of the number of such Councillors, and notwithstanding such number may exceed that allowed by this Act:
Provided that in the case of any borough uniting with any of the Cities of Auckland, Wellington, Christchurch, and Dunedin, only three members of the Borough Council (to be chosen by that Council) shall be Councillors of the united borough in addition to the Mayor and Councillors of the city.
138 First election of Councillors of united borough. 1908, No. 124, sec. 123
At the first biennial election of Councillors after such union all the Councillors shall go out of office, and the electors of the united borough or of each ward shall elect the number of Councillors assigned to it by the said Proclamation.
139 Property of united borough. Ibid., sec. 124
(1.)
All property and the control of any land or thing vested respectively at the time of any such union in the Corporation or Council of any of the several boroughs shall on such union be vested in the Corporation and the Council respectively of the united borough; and all liabilities and engagements of such Corporations, or of any of them, and all proceedings pending by or against any of such Corporations, shall respectively be liabilities and engagements of, and proceedings to be carried on by or against, the Corporation of the united borough.
(2.)
The united borough may exercise all such rights of election as were exercisable by any of the boroughs comprised therein.
(3.)
All special powers conferred by any Act on any of the boroughs so united may be exercised by the Council of the united borough, and the provisions of such Act shall, with the necessary modifications, apply to such united borough.
140 Union of boroughs with town districts and road districts. 1915, No. 78, sec. 2
(1.)
The foregoing provisions relating to the union of boroughs shall extend and apply, with the necessary modifications, to the case of the union of one or more boroughs with one or more town districts or road districts forming one continuous area.
(2.)
For the purposes of section one hundred and thirty-seven hereof only three members of a Town Board (to be chosen by the Town Board) and such number of members of a Road Board, not exceeding three (to be chosen by the Road Board), as may be fixed by the Governor-General in Council, shall be Councillors of the united borough.
Notification of Altered Boundaries.
141 Altered boundaries to be gazetted. 1910, No. 81, sec. 20(1)
Whenever a new borough is constituted or the boundaries of an existing borough are altered, the boundaries of the borough and of every district (including the wards of a divided borough) affected by such constitution or alteration shall be defined by notice in the Gazette under the hand of the Minister of Internal Affairs.
Part XV Alterations within Boroughs
142 Creation of wards and alteration of wards in divided boroughs. 1908, No. 124. sec. 125
(1.)
At any time and from time to time, but subject in each case to the provisions of and within the limits fixed by this Act, the Council of any borough may—
(a.)
Alter the boundaries of any of the wards of the borough or wholly redivide the borough into wards:
(b.)
Name or rename any ward:
(c.)
Alter the total number of members of the Council:
(d.)
Alter the number of members for any ward in such manner as to keep the representation of the various wards as nearly as may be proportioned to the number of electors of each ward:
(e.)
Abolish all wards in the borough and fix the number of Councillors for the undivided borough:
(f.)
Create wards in the borough where it is not then divided into wards, and fix the number of Councillors for the several wards.
(2.)
The powers given by this section shall in each case be exercised by special order gazetted.
(3.)
The Council may, by the special order dividing the borough into wards, or by a subsequent special order, declare that the division into wards shall be for purposes of representation only. Any such special order may be at any time in like manner revoked.
(4.)
While any such order remains in force the provisions of section seventy-eight, of paragraph (d) of section one hundred and six, and of section one hundred and seven hereof shall not apply to the borough.
143 Special orders creating or altering wards to be gazetted. 1910, No. 81, sec. 20
(1.)
A copy of every special order made by any Council creating wards in a borough or altering the boundaries of any ward, together with a certificate under the hand of the Mayor that the special order has been duly passed, shall be sent to the Minister of Internal Affairs and shall be by him gazetted free of charge, and such special order shall take effect only from the date of such gazetting or from some later date specified in the special order.
(2.)
No such special order shall be gazetted unless it is previously sent to the Chief Surveyor of the district in which the borough is situated, together with a plan showing the boundaries of the wards affected by the change, and unless the Chief Surveyor or some person appointed by him in that behalf certifies that the description contained in the special order is sufficient to render the boundaries of each ward affected capable of identification.
(3.)
If the description in any special order is defective, but the Chief Surveyor or person as aforesaid certifies that the same can be amended and the defect cured without making any change in what was evidently intended to be the area comprised in the description, then the same may be so amended at any ordinary meeting of the Council without making a new special order.
(4.)
The production of a copy of the Gazette containing any such special order shall, until the contrary is proved, be conclusive evidence for all purposes that the special order was duly made.
144 Election of Councillors on creation or alteration of wards. 1908, No. 124, sec. 126
(1.)
In any case where—
(a.)
An undivided borough is divided into wards; or
(b.)
The wards of a divided borough are abolished; or
(c.)
A divided borough is wholly redivided; or
(d.)
The total number of members of the Council is altered otherwise than as provided in subsection two or subsection three hereof,—
then the whole Council shall go out of office, and there shall be a fresh election of Councillors:
Provided that where, in the case of an undivided borough, the total number of members of the Council is increased, it shall not be necessary for the whole Council to go out of office, but an election of a sufficient number of Councillors to make up such increased number shall be held.
(2.)
In any case where—
(e.)
The boundaries of any ward are altered; or
(f.)
The number of members of any ward is altered; or
(g.)
Any adjoining area is incorporated into a borough, and included in an existing ward,—
then the Councillors of the ward affected shall go out of office and there shall be a fresh election of Councillors for such ward.
(3.)
In any case where any such area is so incorporated and forms a new ward or wards there shall be an election of Councillors for such new ward or wards.
(4.)
In every such case the Councillors elected under this section shall, subject to the provisions of section one hundred and forty-seven hereof, remain in office until the next biennial election
Part XVI Financial and other Adjustments
145 Financial adjustments on constitution of borough, or on alteration of boundaries. 1908, No. 124, sec. 127 1910, No. 81, sec. 37 1913, No. 62, sec. 17
(1.)
Upon the constitution of a new borough, or any alteration of the boundaries of a borough, the several local authorities affected may, by agreements executed under the common seals of their respective Corporations, make such an adjustment of property, liabilities, contracts, and engagements between the new borough and the county or other district out of which its area has been taken, or between the districts affected by such alteration of boundaries, as such local authoritie think fit, and every such agreement shall be enforceable accordingly; but in default of any such agreement being come to in the prescribed time and manner it shall be lawful for the Governor-General to make the adjustment in the prescribed manner and form.
(2.)
Where, pursuant to any adjustment made under this section on the severance or addition of any area from or to a borough, any liability is imposed on the Borough Council or on any other local authority, it shall be lawful for the Council or that local authority, without taking the steps prescribed by sections eight to twelve of the Local Bodies’ Loans Act, 1913, to raise a special loan not exceeding in amount the liability so imposed, and to secure the repayment of the same by a special rate over the area so severed or added, as the case may be.
146 Alterations within boroughs not to affect separate or special rates, or the expenditure of loan-moneys. 1908, No. 124, sec. 128
(1.)
No action taken under this Division of this Act shall affect any separate rate or special rate, and every such rate shall continue to be charged upon the whole of the area upon which it was charged before such action was taken, and shall not by reason thereof become a charge upon any additional area; and the area within which any unexpended loan-moneys may be expended shall not be affected by the taking of such action.
(2.)
Upon any constitution, abolition, or alteration of any ward the Council may by special order make an adjustment of accounts between the wards affected.
147 Biennial election of Mayor and Councillors not to be held in certain cases. Ibid., sec. 129 1913, No. 62, sec. 6
(1.)
Where upon the constitution of a new borough an election of a Mayor is held within two months of the time fixed for the biennial election of Mayor it shall not be necessary to hold such election, but the Mayor shall remain in office until the next succeeding biennial election.
(2.)
Where any first or general election of the whole Council is held within two months of the time fixed for the biennial election of Councillors it shall not be necessary to hold the same, but the Councillors shall remain in office until the next succeeding biennial election.
DIVISION V GENERAL POWERS OF THE COUNCIL
Part XVII Contracts and Works
148 Council may enter into contracts for purposes of Act. 1908, No. 124, sec. 131
(1.)
The Council may, in the name and on behalf of the Corporation, enter into any contract for any of the purposes of this Act.
(2.)
If such contract is for the execution of any work, it shall specify the work to be done, and the materials to be furnished, and the price to be paid for the same and the time or times within which the work is to be completed, and the penalties to be suffered in case of nonperformance thereof.
(3.)
The provisions contained in the Third Schedule hereto shall apply to all tenders called for and all contracts entered into by the Council for the execution by any person of any work involving the employment of workmen.
149 Mode of contracting. Ibid., sec. 132 1910, No. 81, sec. 21
(1.)
Any contract which if made between private persons must be by deed, shall, if made by the Council, be in writing under the seal of the Corporation.
(2.)
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 Council, be either under the seal of the Corporation or signed by two members of the Council on behalf of and by direction of the Council.
(3.)
Any contract which if made between private persons may be made verbally without writing may be similarly made by or on behalf of the Council by any two members acting by direction of the Council, but no verbal contract shall be made for any sum exceeding twenty pounds.
(4.)
Notwithstanding anything in the foregoing provisions of this section, no contract made by or on behalf of the Council 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 Council or to give effect to a resolution of the Council.
150 Council may adopt co-operative system of works. 1908, No. 124, sec. 134
(1.)
It shall be lawful for the Council to make any contract for work or labour to be done on the co-operative system to any value or amount without calling for public tenders, or to carry out any work or to employ labour without the intervention of a contractor.
(2.)
Every Council shall keep at its Town Hall or other principal office a list of the rates of wages and the hours of labour to be paid and observed on works which are to be done on the co-operative system or which the Council resolves to carry out without the intervention of a contractor.
(3.)
The list shall be based on the rates of wages and hours of labour generally accepted as usual and fair in the trade or class of labour to which they relate, and shall at all reasonable times be open to public inspection.
Part XVIII Sale or Lease of Land
151 Council may sell or exchange lands vested in Corporation. 1913, No. 62, sec. 18
The Council may sell any land vested in the Corporation, or exchange any such land for other land, and in respect of any such exchange may either give or receive any money for equality of exchange:
Provided that all moneys received by the Council upon any such sale or exchange shall be applied to the purchase of other lands to be held for the same purposes as affected the lands parted with, and all lands received in exchange shall be held for the purposes that affected the land given in exchange.
152 Council may lease lands vested in Corporation. 1908, No. 124. sec 135
The Corporation shall, in addition to all other leasing-powers exercisable by it, or by the Council representing it, under any local or private Act or enactment, or under any grant, conveyance, or deed, have the powers hereby conferred, which powers shall be exercisable by the Council in the name and on behalf of the Corporation.
153 Extent of leasing-powers. Ibid., sec. 136
(1.)
The Council may let by way of lease any lands or buildings, or other real or personal property of the Corporation,—
(a.)
For any term not exceeding sixty-six years without right of renewal; or
(b.)
For any term not exceeding twenty-one years—
(i.)
With a provision that the lessee, his executors, administrators, and assigns, may, at any time prior to the expiration of the term, have a new lease for a further term not exceeding twenty-one years, and containing the same covenants and provisions (including this present provision), at a rent to be fixed by valuation of the land only, without regarding the value of any buildings or improvements thereon; or
(ii.)
With a provision that, prior to the expiration of the term, a new lease for a further term not exceeding twenty-one years, and containing the same covenants and provisions (including this present provision), shall be put up to public auction at the upset price of the annual value of the land only (to be fixed by valuation), without regarding the value of any buildings or improvements thereon, subject to a condition that in the event of any person other than the lessee, his executors, administrators, or assigns, becoming entitled to the new lease, then such person shall, before being let into possession, pay to the lessee, his executors, administrators, or assigns, the value of such buildings and improvements (to be fixed by valuation), whether erected or made by the lessee, his executors, administrators, or assigns, or any former lessee or tenant of all or any part of the lands included in the lease; or
(iii.)
With a provision that the lessee, his executors, administrators, or assigns, may, at any time prior to the expiration of the term, at his or their option, either have a new lease as provided by subparagraph (i) hereof, or have a new lease put up to public auction under subparagraph (ii) hereof.
(2.)
Any such lease may be for mining or quarrying purposes.
(3.)
Where a lease granted before the twenty-ninth day of October, nineteen hundred and six (being the date of the coming into operation of the Municipal Corporations Amendment Act, 1906), under the provisions of paragraph (2) of section one hundred and ninety-two of the Municipal Corporations Act, 1900, contains a provision that the lessee, his executors, administrators, and assigns, may at any time prior to the expiration of the term have a new lease for a further term not exceeding twenty-one years, containing the same covenants and provisions, at a rent to be fixed by valuation, such valuation shall be made without regarding the value of any buildings or improvements on the leased land.
154 How valuations to be made for purpose of leases by Council. 1908, No. 124, sec. 137
Every valuation under paragraph (6) of the last preceding section shall be made by three independent persons, one to be appointed by the Corporation, one by the lessee, his executors, administrators, or assigns, and the third by such two appointed persons; and the lease may contain any subsidiary matter to give due effect to the provisions of the said paragraph.
155 Conditions governing the exercise of Council’s leasing-powers. Ibid., sec. 138
The powers of easing given by this Act shall be subject to the conditions and exceptions following:—
(a.)
Every lease shall, except in case it is otherwise specially provided, be sold by public auction or public tender, of which public notice shall be given at least once not less than thirty days before such sale and twice after such first notice and before such sale:
Provided that a lease which has been offered as aforesaid and not sold may, at any time within twelve months hereafter, be sold by private contract, at a rent not less than the reserved rent when it was so offered.
(b.)
Every lease shall take effect in possession within six months from its date.
(c.)
The rent reserved shall, subject to the provisions of this section, be a rack-rent, without fine, premium, or foregift, but need not be uniform for the whole term.
(d.)
The amount paid for valuation of buildings and improvements by an incoming tenant either to the outgoing tenant or to the Council shall not be deemed to be a premium.
(e.)
Every such lease may contain such covenants, conditions, and provisions, not being contrary to this Act, as the Council thinks fit.
156 Land may be let for short periods by private contract. 1908, No. 124, sec. 139
Notwithstanding anything hereinbefore contained, the Council may let or agree to let any of its lands or other property by private contract or otherwise for not exceeding a yearly tenancy.
157 Special provisions with respect to land and buildings reserved for recreation. Ibid., sec. 140 1913, No. 62, sec. 19
(1.)
No lands or buildings appropriated to the use or enjoyment or recreation of the inhabitants of the borough shall be let under this Part of this Act; but the Council may, in manner provided in paragraphs (a) and (e) of section one hundred and fifty-five hereof, let the pasturage of such lands for any period not exceeding one year, so nevertheless that the public shall not be in anywise restricted in the use and enjoyment thereof.
(2.)
Where any land vested in the Corporation or the Council for purposes of recreation is leased, the lessee shall not erect thereon any dwellinghouse or business premises, notwithstanding anything to the contrary in his lease.
(3.)
The last preceding subsection shall extend and apply to all such leases granted on or after the eighteenth day of November, nineteen hundred and three (being the date of the coming into operation of the Municipal Corporations Amendment Act, 1903).
158 Council may accept surrenders of leases. 1908, No. 124. sec. 141
The Council may by special order, on such terms as it thinks fit, accept a surrender of any lease; and may again, subject to the provisions of this Act, lease the land comprised in the surrendered lease; or, if it thinks fit, may grant to the former lessee a new lease for the remainder of the term of the surrendered lease at a rent to be fixed by the Council by special order either before or after the surrender, and on any terms or conditions authorized by this Act.
159 Council may reduce rent during currency of lease. Ibid., sec. 142
The Council may, at any time or times during the currency of a lease, by special order reduce the rent to be thereafter paid.
160 Leases may be granted to subtenants. Ibid., sec. 143
(1.)
The Council may, with the consent of the lessee, grant to a sublessee from such lessee a lease direct from the Council of the whole or any part of the land comprised in the lease to such lessee for the whole residue of the term created by such last-mentioned lease.
(2.)
This section shall also apply where only an agreement for the head lease has been entered into.
161 Leases of land held as a reserve or for a public work or other special purpose. Ibid., sec. 144
The Council may, subject to the provisions of this Act, let or lease any land, building, or personal property held by the Corporation or controlled by the Council as a reserve or for the purposes of any public work, or for any special purpose (other than the use, enjoyment, or recreation of the inhabitants), or grant any rights, easements, or privileges over the same, for, in either case, any term not exceeding twenty-one years, if the Council resolves by special order that such land, building, or personal property is not likely to be required during the proposed tenancy for the purpose for which it is held or controlled, or that the rights, easements, or privileges proposed to be granted will not interfere with the proper use of such land, building, or personal property.
162 Protection of title of tenant taking in good faith. Ibid., sec. 145
The title of any tenant or lessee of the Corporation, or any person claiming under him, if (in each case) acting in good faith, shall not be prejudiced or affected by reason of the non-compliance on the part of the Council with any direction of this or any other Act requiring the calling for tenders, submission to auction, passing of a special order, or other matter preliminary to the execution of the lease.
163 Power to lease reserves exercisable only by special order, unless otherwise provided in any case. 1913, No. 62, sec. 20
Where power to lease any reserve or recreation-ground otherwise than by public auction or by public tender is conferred on the Council by any special Act, such power shall be exercised pursuant only to a special order made in that behalf.
Part XIX Public Works
164 General powers of Council with respect to public works. 1908, No. 124, sec. 146 1910, No. 81, sec. 25
The Council shall have power—
(a.)
To enter, by itself or its officers, agents, or servants, without being deemed to commit trespass, upon any unoccupied land or buildings, or upon any occupied land or buildings after giving to the occupier thereof twenty-four hours’ previous notice of such intended entry, for the purpose of making any surveys or doing anything which the Council is empowered to do under the provisions of this Act:
(b.)
To make surveys or inspections for or in connection with any proposed public work, or with a view to carrying out any of the purposes of this Act, and for any such purpose to exercise all or any of the powers given by Part V of the Public Works Act, 1908, for the purposes of that Act, all of the provisions of which shall, subject to the last preceding paragraph, apply to any survey or inspection made hereunder, and to any survey-mark or other thing made, fixed, or set up in connection therewith:
(c.)
To take, purchase, or otherwise acquire, in the manner provided by the Public Works Act, 1908, and hold any land, whether within or without the borough, which may be necessary or convenient for the purposes of or in connection with any public work which the Council is empowered to undertake, construct, or provide, or for carrying out any of the purposes of this Act:
(d.)
To erect, construct, and maintain any public works which in the opinion of the Council may be necessary or beneficial to the borough, whether such works are to be or have been constructed within or without the borough; and in carrying out or executing any such works the Council, on behalf of the Corporation, shall have and may exercise all the powers and authorities given to local authorities by the Public Works Act, 1908:
(e.)
To enter into agreements with the Minister of Railways for the construction by the Minister of a subway under or bridge over any Government railway, and for the payment by the Council of the whole or any part of the cost of such construction and maintenance.
(f.)
To expend any part of the District Fund in the improvement and development of any lands vested in the Corporation of the borough as endowments, or reserves, or otherwise, including power to expend money on the construction or maintenance of streets or roads on, or providing access to, any such lands; and for the purpose of providing funds for such purposes, or any of them, the Council may raise a special loan under the Local Bodies’ Loans Act, 1913, as for a public work.
165 Land taken for public works to vest in Council. 1908, No. 124, sec. 147
All land taken, purchased, or acquired under the last preceding section shall be vested in the Corporation.
166 Council may purchase land on system of time-payment.
(1)
Any land purchased by the Council as aforesaid may, with the approval of the Minister of Internal Affairs, be paid for by the Council by instalments extending over a period not exceeding twenty years.
(2.)
Interest at such rate as the said Minister approves may be paid by the Council in respect of the purchase-money of any such land that may for the time being be unpaid.
167 Compensation payable by Council for lands taken or injuriously affected. 1913, No. 62, sec. 21
Every person having any estate or interest in any lands taken under the authority of this Act for any public 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 Corporation. Such compensation may be claimed and shall be determined in the manner provided by the Public Works Act, 1908.
168 Council not to interfere with public works undertaken by Crown. 1908, No. 124, sec. 149
Nothing in this Act shall authorize the Council to interfere with any public works carried on or executed by or under the control of the Government without the consent in writing of the Minister of Public Works.
169 Council not authorized by this Act to create a nuisance. Ibid., sec. 150
Nothing in this Act shall be deemed to entitle the Council to create a nuisance, or to deprive any person of any right or remedy he would otherwise have against the Corporation or any other person in respect of any such nuisance.
Part XX Compounding
170 Council may make compositions. Ibid., sec. 151
The Council may compound, compromise, or submit to arbitration any claim, debt, sum of money, action, or demand made, owing, or brought either by or against the Corporation.
DIVISION VI PARTICULAR POWERS OF THE COUNCIL
Part XXI Streets, Bridges, and Ferries
171 Definition of terms “street,”
“private street,”
“footway,”
and “private way.”
Ibid., sec. 152 1910, No. 81, sec. 22
(1.)
“Street” means the whole of any land which is withina borough, and which—
(a.)
Immediately before the date of the constitution of the borough was a public highway under the control, as such, of any Borough Council, County Council, Road Board, or Town Board; or
(b.)
Immediately before the inclusion of any area in the borough was a public highway within that area; or
(c.)
Is laid out by the Council as a public highway after the date of such constitution; or
(d.)
In the case of a borough originally constituted before the first day of January, nineteen hundred and one, has actually, and whether legally or not, been maintained and controlled as a public highway by any one or more of such local authorities and used by the public for twenty years immediately preceding the said first day of January, nineteen hundred and one; or
(e.)
In the case of a borough originally constituted on or after the said first day of January, nineteen hundred and one, has actually, and whether legally or not, been maintained and controlled as a public highway by any one or more of such local authorities and used by the public for twenty years immediately preceding the date of such constitution.
(2.)
“Private street” means any roadway laid out within a borough on private property by the owner thereof, but intended for the use of the public generally; and includes any such roadways as aforesaid that, on the coming into operation of this Act, are laid out within any borough.
(3.)
“Footway” means so much of any street as is laid out or constructed by authority of the Council for foot-passengers only, and includes the edging and kerbing thereto.
(4.)
“Private way” means any way or passage whatsoever over private property within a borough, the right to use which is confined or intended to be confined to certain persons or classes of persons, and which is not thrown open or intended to be open to the use of the public generally; and includes any such way or passage as aforesaid which, on the coming into operation of this Act, exists within any borough.
(5.)
“Street” and “private street”
include every public square or public place, and every bridge, culvert, drain, channel, footway, ferry, ford, gate, building, or other thing belonging thereto, or lying upon the line or within the limits thereof.
(6.)
No private way shall exceed twenty feet in width, measured at right angles to its course.
172 Property in streets, and general powers of Council with respect thereto. 1908, No. 124, sec. 153 1913, No. 62, secs. 22, 23.
(1.)
All streets and the soil thereof, and all materials of which they are composed, shall by force of this Act vest in fee-simple in the Corporation. There shall also vest in such Corporation all materials placed or laid on such streets in order to be used for the purposes thereof.
(2.)
All streets shall be under the control of the Council.
(3.)
Except as otherwise provided in this or any other Act, every street shall be not less than sixty-six feet wide, measured at right angles to its course. After the commencement of this Act no street shall be laid out or constructed by the Council with a grade in any part of its length of more than one inch in twelve inches, except with the prior consent in writing of the Minister of Public Works.
(4.)
The Council shall have power in respect of every street to do the following things:—
(a.)
To construct and repair all streets with such materials and in such manner as the Council thinks fit:
(b.)
To make surveys for the laying-out of new streets:
(c.)
To lay out new streets:
(d.)
To divert or alter the course of any streets:
(e.)
To increase or diminish the width of any street, provided that, except pursuant to this or any other Act, the width shall in no case be diminished to less than sixty-six feet:
(f.)
To determine what part of a street shall be a carriage-way, and what part a footway only:
(g.)
To alter the level of any street:
(h.)
To stop any street or part of a street in the manner and upon the conditions set out in the Fourth Schedule hereto:
Provided that no street along the bank of a river or along the margin of the sea shall be stopped:
(i.)
To stop the traffic on any street or part thereof whilst such street, or any drain, water-race, pipe, or apparatus under, upon, or over the same, is being constructed or repaired, or during a period when public disorder exists or is anticipated, or when for any reason it is considered desirable that the public traffic and passage should be temporarily diverted to other streets:
(j.)
To make and use a temporary street upon any unoccupied land whilst the street adjacent thereto is being constructed or repaired:
(k.)
To erect upon any part of a street any shaft or structure in connection with any drain or system of drainage, and to enclose and plant any part of a street, and to erect upon any street any monument, statue, or other such erection:
Provided that no erection or enclosure made pursuant to this paragraph shall be such as will in the opinion of the Council be likely to impede ordinary traffic:
(l.)
To name and to alter the name of any street:
(m.)
To sell the surplus spoil of streets:
(n.)
For the purpose of providing access from one street to another, or from one part of a street to another part of the same street, to construct on any street, or on land adjacent to any street, elevators, moving platforms, and machinery for passenger traffic, and such subways, tunnels, shafts, and approaches as are required in connection therewith.
(5.)
The power conferred on the Council by paragraph (i) of the last preceding subsection may be exercised by the Mayor on behalf of the Council.
(6.)
The Council may, by by-law, fix charges for and regulate the use of any means of access constructed under paragraph (n) of the last preceding subsection. Where the amount received in respect of such charges in any year is insufficient to pay the cost of working and maintaining such means of access during that year (not including in such cost the annual charges payable in respect of any loan raised for the purpose of providing such means), the Council may make and levy a separate rate of such amount as will realize the amount of the deficiency. Every such rate shall be levied on all the rateable property within the area over which the special rate made in respect of the said loan (if any) is leviable, or within such area as the Council from time to time by special order determines:
Provided that before passing any resolution defining any such area the Council shall proceed as directed by subsection three of section three of the Local Bodies’ Loans Act, 1913, in the case of a loan proposed to be raised for part of a district, and all the provisions of that subsection, except paragraph (a), shall, with the necessary modifications, extend and apply accordingly.
Public Highways beyond Borough.
173 Council may contribute to cost of maintenance of highway beyond borough. 1908, No. 124, sec. 159
The Council may from time to time contribute from the District Fund towards the funds of any adjoining local authority for the maintenance, repair, widening, or otherwise improving any public highway which is outside the limits of the borough but is in great measure used by the inhabitants thereof for purposes of recreation, health, convenience, or other purpose of public utility.
Contracts and Leases relating to Ferries.
174 Leasing-powers of Council with respect to ferries. Ibid., sec. 162
The Council having control of a ferry may let such ferry, either alone or together with the whole or any part of any public reserve vested in such Council for the purposes of a ferry or ferries, for a term not exceeding fourteen years, for such rent and on such terms and conditions as to the maintenance of such ferry as the Council thinks fit, and without submitting such lease to public auction or public tender:
Provided that prior to granting any such lease for any term exceeding three years the proposed terms and conditions thereof shall be publicly notified for at least two months.
Miscellaneous.
175 Council to take precaution against accidents on streets, &c. Ibid., sec. 163
The Council shall take all sufficient precautions to prevent accidents during the construction or repair of any street, or when any opening is made therein for the repair of drains or gas-pipes or for any other purpose, by erecting bars or fences across any such street or round any dangerous place therein, or otherwise, and shall cause any such dangerous place to be sufficiently lighted by night; and any person removing any such protective work, or removing or extinguishing any such light, without the authority of the Council is liable to a fine not exceeding ten pounds.
176 Council may require alteration of pipes and drains. Ibid, sec. 164.
The Council may, by notice in writing, require the owner of any water-pipe, gas-pipe, drain, or other apparatus in or under a street to raise, lower, or otherwise alter the same as the Council directs, and if such alteration is not made with all convenient speed the Council may make the same as it thinks fit; but the cost of any such alteration and any damage occasioned thereby shall be paid by and may be recovered from the Council by any person affected thereby.
177 Saving of liability of tramway owners and other persons with respect to streets. Ibid., sec. 165
Nothing in this Act shall be deemed to affect in any way the liability of any owner, lessee, or promoter of a tramway (other than the Council) in respect of the repair of any part of any street.
178 Council may provide public cycle-tracks. Ibid., sec. 166
(1.)
The Council may on any existing street, or on any street hereafter made, construct a public cycle-track for the use of cyclists only, and may make by-laws regulating and controlling the use of such cycle-track.
(2.)
Every person who, except for the purpose of obtaining access to any premises, drives any vehicle, rides or leads any horse, or wilfully allows any horse or any cow or other beast to stray upon any public cycle-track within the boundaries of a borough, whether such cycletrack has been constructed by the Council or not, and whether it is situate alongside a road or street or not, is liable to a fine not exceeding five pounds for every such offence.
Footways and Channels.
179 Footways and channels. 1908, No. 124, sec. 167 1910, No. 84, sec. 24
The Council may lay out or construct or make permanent improvements of footways or channels, or both, on one or both sides of any street, and may construct the same of such dimensions, and of such 4 materials, and in such manner in all respects as it thinks fit, and may impose not exceeding one-half of the cost of such works upon the owners of lands and buildings fronting the same, and the amount so imposed shall be recoverable as a rate.
Private Streets and Private Ways.
180 Width of private streets. 1908, No. 124, sec. 168
Except as otherwise provided in this or any other Act, every private street shall be sixty-six feet wide, measured at right angles to its course. After the commencement of this Act no private street shall be laid out or constructed with a grade in any part of its length of more than one inch in twelve inches, except with the prior consent in writing of the Minister of Public Works.
181 Restriction on laying-out of private streets and private ways. Ibid., sec. 169
(1.)
No person shall lay out or make any private street or private way, or grant or reserve a right of way over any private way in any borough, except by permission of the Council; and, subject to the provisions of this Act as to minimum of width in the case of private streets, the Council in granting any such permission may impose such conditions as to width, levels, entrances, course, formation of footways, cost of formation, maximum number of buildings to be erected fronting any such private street or private way, minimum distance between any two buildings if dwellinghouses, position of building-line, and otherwise in all respects whatsoever as the Council thinks fit.
(2.)
The permission to lay out or make any private street or private way as aforesaid, granted after the commencement of this Act, shall be deemed to lapse on the expiration of one year after the grant thereof, unless the work has then been completed to the satisfaction of the Council; but may from time to time be extended by the Council for a period or periods not exceeding one year at any one time.
(3.)
Any such permission granted before the commencement of this Act shall lapse on the expiration of one year after the commencement of this Act, unless the work has then been completed to the satisfaction of the Council; but may from time to time be extended by the Council for a period or periods not exceeding one year at any one time.
182 Penalty for laying out private street or way in contravention of this Act. Ibid., sec 170
If any person lays out or makes, or permits or allows to be open for use, any private street or private way, or grants or reserves any right of way, contrary to the provisions of this Act, or refuses or neglects to perform, observe, or keep any condition imposed by the Council as aforesaid, he commits an offence, and is liable to a fine not exceeding ten pounds for every day during which such offence continues after the day on which he receives notice from the Council that such offence has been committed.
183 Illegal private street or private way not to be registered. Ibid., sec. 171
No plan, deed, or instrument of any kind whatsoever whereby any private street or private way contrary to the provisions of this Act is created, recognized, referred to, granted, or reserved shall be received for deposit or registration under the Deeds Registration Act, 1908, or under the Land Transfer Act, 1915.
184 Conditions to be noted on title by Registrar. 1908, No. 124, sec. 172
The District Land Registrar shall enter upon the certificate of title, memorandum of lease, or other proper instrument a note of all conditions imposed as aforesaid by the Council which are contained in or endorsed upon any instrument or plan presented to him for registration or deposit, and such noted conditions shall be deemed to constitute a registered encumbrance under the Land Transfer Act, 1915.
185 Powers of Council with respect to private streets and private ways. Ibid., secs. 173, 174 1913, No. 62, sec. 24
(1.)
With respect to any private street the Council—
(a.)
May require any projection or obstruction in or over any part thereof to be removed at the expense of the person causing the same or to whom the same belongs:
(b.)
May, by notice in writing, require the owners of land or buildings abutting on such private street to construct or repair the same, with the footways, kerbing, and channelling thereof, and every such owner shall be liable for the construction and repair of so much of such private street as lies between his land and the middle-line of such street:
(c.)
In case of default, may execute the said works, and recover the cost from the owners in the aforesaid proportions.
(2.)
The provisions of this section shall apply to every private way which for the time being serves as an approach to more than five buildings which, or the lands belonging to which, front upon such private way.
186 Council may declare private streets to be public streets. 1908, No. 124, secs. 175, 176, 177
(1.)
The Council may by special order—
(a.)
Declare any private street not less than sixty-six feet wide to be a public street:
(b.)
Declare any private street within the meaning of any Act in force at the time of its being laid out, and which was laid out within a borough at any time prior to the second day of November, eighteen hundred and seventy-eight, and is twenty feet or more in width, to be a public street:
(c.)
Declare any private street or right-of-way within the meaning of any Act in force at the time of its being laid out and which was laid out within a borough on or after the second day of November, eighteen hundred and seventy-eight, but before the first day of January, eighteen hundred and eighty-seven, and is of not less width than forty feet to be a public street.
(2.)
Notwithstanding anything in the foregoing provisions of this section, the Council shall not declare any private street or right-of-way as aforesaid to be a public street unless and until it is properly formed and constructed by the owners thereof or frontagers thereto.
(3.)
On fulfilment by the owner of the land of the requirements of the Council and of this Act in respect of any private street or right-of-way the same shall by special order of the Council be declared to be a public street.
(4.)
Every private street and right-of-way declared to be a public street as aforesaid shall become a street vested as such in the Corporation.
Special Exemption as to Width of Streets and Private Streets.
187 Modification of provisions as to width of streets in certain cases. Ibid., sec. 178 1913, No. 62, sec.
(1.)
Where the configuration of any borough is such that within any particular area or areas thereof it is difficult or inexpedient to lay off streets of the width of sixty-six feet as required by this Act, the Governor-General, on application by the Council, may, by Order in Council defining the limits of such particular area or areas, authorize the Council to permit within such area or areas the laying-off of streets and private streets of a width less than sixty-six feet, but not less than forty feet.
(2.)
The Governor-General may, by Order in Council, authorize the Council to lay out or permit to be laid out streets and private streets of a width less than sixty-six feet, but not less than forty feet, for the purpose of connecting blind streets with other streets, but no such connecting street of a greater length than five chains shall be so authorized.
(3.)
In this section “blind street”
means a street opening at one end on a public street and at the other end abutting on private land or on a private way.
Proceedings for Unlawful Laying-out of Streets and Private Streets.
188 Mayor and Councillors personally liable for laying off street of less than legal width. 1908, No. 124, sec. 179
(1.)
Every Mayor or Councillor who consents to the laying-out of any street or private street of a less width than that required by law, or to any other unlawful act in relation to the width of a street or private street, shall for each such offence be liable to a fine not exceeding fifty pounds.
(2.)
It shall be the duty of the Attorney-General to take proceedings under this section, and the fines recovered by him shall be paid into the Consolidated Fund.
(3.)
It shall also be the duty of the Attorney-General to institute such proceedings as may be necessary or expedient for preventing the laying-out or proposed laying-out of any street or private street of a less width than that required by law, or any other unlawful act in relation to the width of a street or private street.
Setting back Building-line.
189 By-laws fixing building-line for new buildings. Ibid., sec. 180
(1.)
The Council may from time to time make by-laws requiring that when new buildings are erected, or any buildings are rebuilt or re-erected, or are substantially rebuilt or re-erected, such buildings shall not stand within thirty-three feet from the middle-line of any street or private street specified in the by-law.
(2.)
In the alternative, the Council may from time to time make by-laws requiring that any such buildings on one side of a street or private street shall not stand within sixty-six feet from the opposite side line of the street or private street.
(3.)
Any such by-law may prohibit the adoption of any methods or devices for evading the spirit of this section.
(4.)
Every person having any estate or interest in any land or building injuriously affected by the operation of any such by-law shall be entitled to full compensation, to be claimed and ascertained under the Public Works Act, 1908.
Altering and stopping Streets, and laying out New Streets.
190 Certain powers as to streets to be exercised by special order. Ibid., sec. 181
The Council shall exercise the power to make any new street, or divert or widen or diminish the width of or stop any existing street, or to alter the name of a street, only by special order in that behalf.
191 Council may sell land not required for street. 1908, No. 124, sec. 182
(1.)
Where in diverting or stopping or diminishing the width of any street any part thereof is no longer required for public use, the Council may sell such part to the owner or owners of any adjoining lands for a price to be fixed by a competent valuer appointed by the Council to value the same; and if no such owner or Owners is or are willing to purchase the land at the price fixed the Council may sell or lease the same by public auction; and a conveyance or lease under the seal of the Corporation shall constitute a good and valid title to such land.
(2.)
In lieu of selling or leasing the land as aforesaid the Council may apply the same, or any part thereof, to any purpose of public convenience or utility approved by the Governor-General in Council, or with the like approval may grant a lease of the same for such term and on such conditions as it thinks fit for any purpose of public utility.
192 Council may acquire land for new streets, or for widening, extending, or diverting existing streets. Ibid., sec. 183
(1.)
Where for the purpose of laying out any new street, or in order to divert, extend, or widen any existing street, the Council deems it expedient to acquire more land on either or both sides of such proposed street than is required for such purpose, the Council may take, purchase, or otherwise acquire such land.
(2.)
When the work has been completed the Council may sell or lease any surplus area, as provided in the last preceding section.
193 Frontagers to street may be required to pay to Council by way of betterment proportion of increased value of their properties due to widening of street. 1910, No. 81, sec. 33
(1.)
Where the Council widens any street in the borough, or widens any part of the length of any street, and for that purpose takes or purchases or otherwise acquires land from one side only of the street, then and in every such case the owner, or the several owners, of land fronting upon or having any frontage to the opposite side of the street shall pay to the Council on account of betterment such sum or sums of money as may represent the increased value thereby given, or likely to be given, to such last-mentioned lands respectively.
(2.)
The several amounts to be paid to the Council as aforesaid shall be ascertained in manner provided by the Public Works Act, 1908, or in a manner as near thereto as in the opinion of the Compensation Court the circumstances of each case will admit, but so that the Council shall be the claimant and the owner or the several owners of lands so benefited or likely to be benefited as aforesaid shall be the respondents. Claims under this section may be made in the form numbered (1) in the Fifth Schedule hereto.
(3.)
The Compensation Court shall have power, on the application of any party, to order that all or any claims under this section in respect of land in which several persons have interest shall be heard and determined together; and any or all of such claims arising out of the widening of any street or part of any street may, with the consent in writing of all parties, be heard and determined together. When the Court hears and determines several such claims together it shall have power to apportion the amount awarded on account of betterment, and the costs of the proceedings against the several respondents, in such proportions and in such manner as it thinks just.
(4.)
For the purposes of this section the President of the Compensation Court shall have power to determine who are the owners of the lands, estates, or interests in respect of which any amount is claimed by the Council on account of betterment, or he may, if he thinks fit, state a case for the decision of the Supreme Court thereon; and such determination or decision shall be binding on the Compensation Court.
(5.)
Claims under this section shall be made within one year from the execution of the work out of which they arise, and not afterwards.
(6.)
Any respondent may, if he so desires, pay the amount awarded to be payable by him, with interest at the rate of four and a half per centum per annum, by equal half-yearly instalments extending over a period of twenty years or less, in which case he shall within fourteen days from the date of the award give notice in writing to the Town Clerk of the period over which he intends to extend payment, and shall within one month after the date of the award execute and deliver to the Town Clerk a memorandum of charge in the form numbered (2) in the Fifth Schedule hereto upon the estate or interest forming the subject of the claim made against him, and shall pay the costs of the preparation and completion of the said instrument; and thereupon such respondent shall have the right to pay such amount by instalments as set forth in such notice and charge as aforesaid.
(7.)
Such memorandum of charge shall, when registered, bind the property therein described, and operate as a first charge upon the estate or interest therein of the respondent, and rank in priority to all estates, encumbrances, and interests created by him or any of his predecessors in title.
(8.)
Any such charge may be registered without fee in the District Land Registration Office or in the Deeds Registration Office of the district wherein the land affected thereby is situate.
(9.)
Notwithstanding anything to the contrary in any such charge, the Council shall receive the whole of the unpaid instalments secured by any such memorandum of charge at any time when the same is tendered, and for the purpose of any such tender interest shall be calculated and paid up to and including the day of such tender.
(10.)
A receipt expressed to be in full for all moneys secured by any such memorandum, signed by the Treasurer and endorsed on the memorandum, shall vacate the charge.
(11.)
Moneys received by the Council under this section shall be applied in carrying out the particular street-widening work in respect of which such moneys were received, and for no other purpose.
(12.)
This section shall apply with respect to works executed after the passing of the Municipal Corporations Amendment Act, 1910, and before the coming into operation of this Act, in the same manner as it applies with respect to works executed after the coming into operation of this Act.
Levels of Streets.
194 Map of borough to be prepared, showing streets and private streets and their levels. 1908, No. 124, sec. 184
The Council shall cause a map of the borough to be made, within two years from the constitution of the borough, showing all the streets and private streets therein, with the levels thereof, as the same are or are intended to be or will be required to be permanently constructed; and such map shall be open for public inspection at the office of the Council.
195 Buildings to be erected with regard to levels of streets. Ibid., sec. 185
All buildings erected within the borough, and all private streets, shall be constructed with reference to the levels shown upon the said map.
196 Council to fix levels of streets 1908, No. 124, secs 186, 187
(1.)
The Council may at any time, either before or after the making of such map, fix the level of any street or private street, subject to the conditions set out in the Sixth Schedule hereto.
(2.)
The Council may fix the level of any street or private street upon which no building or land appurtenant to a building fronts, without complying with the conditions numbered one to five in the said Sixth Schedule.
197 When compensation payable for alteration of level of street. Ibid., sec. 188
No compensation shall be payable by the Council in respect of an alteration in the level of any street or private street, unless such alteration has been made after such level has been fixed under this Act, or after such street has been constructed in some permanent manner by any local authority having the power to do so.
198 Person building without reference to level of street may be required to pay compensation. Ibid., sec. 189
Any person who builds any house or other building abuttting on a street or private street without regard to the level thereof fixed under this Act shall be liable to pay to the Council any expenses which the Council deems it necessary to incur in altering the level or construction of such street or private street adjacent to such building.
199 Right to lateral support. Ibid., sec. 190
It shall be lawful for the Council to throw the batter or make the slope of any street upon any land, subject, however, to the payment of compensation, to be claimed and ascertained under the Public Works Act, 1908.
Injuries to and Nuisances on Streets.
200 Penalties for injuries to streets. Ibid., sec. 191 1915, No. 78, sec. 4
(1.)
Every person who, not being authorized by the Council or by any Act,—
(a.)
Encroaches on a street by making or erecting any building, fence, ditch, or other obstacle or work of any kind upon, over, or under the same, or planting any tree or shrub thereon; or
(b.)
Places or leaves on a street any timber, earth, stones, or other thing; or
(c.)
Digs up, removes, or alters in any way the soil or surface or scrapings of a street; or
(d.)
Allows any water, tailings, or sludge, or any filthy or noisome matter, to flow from any building or land in his occupation on to a street; or
(e.)
Causes or permits any timber or other heavy material, not being wholly raised above the ground on wheels, to be dragged on a street; or
(f.)
Causes or negligently allows any retaining-wall, foundation-wall, or fence erected on any land, or any batter or slope of earth, or any building, erection, material, or thing, to give way or fall so as to injure or obstruct a street; or
(g.)
Does or causes or permits to be done any act whatsoever by which any injury is done to a street or any work or thing in, on, or under the same,—
is liable to a fine not exceeding ten pounds for every day upon which such offence is committed or suffered to continue, and to a further sum equal to the cost incurred by the Council in removing any such encroachment, obstruction, or matter, or in repairing any injury done as aforesaid:
Provided that no fine shall be imposed unless the information or complaint is laid by authority of the Council or by an officer thereof.
(2.)
The authority of the Council shall not be given under this section for the erection of any encroachment on a street which interferes with any telegraph-wires or telephone-wires the property of the Crown without the previous consent in writing of the Post and Telegraph Department.
201 Council may recover expenses for repairs to streets damaged by excessive weights. 1908, No. 124, sec. 192
Where the Council incurs extraordinary expenses in repairing a street by reason of the damage caused by excessive weight passing along the same, or extraordinary traffic thereon, the Council may recover such expenses as a debt from any person by whose order such weight or traffic has been conducted.
202 Council may require owner of land abutting on street to fence. Ibid., sec. 193
Whenever the public safety or convenience renders it expedient, the Council may require the owner or occupier of any land not separated from a street by a sufficient fence to enclose the same by a fence to the satisfaction of the Council.
203 Council may require dangerous places to be secured. Ibid., sec. 194
The Council may require the owner or occupier of any land upon which there is any hole, well, excavation, or other place dangerous to persons passing along any street forthwith to fill in, cover, or enclose the same.
204 Notice to be given of intention to excavate in vicinity of street. Ibid, sec. 195
Where the owner or occupier of any ground proposes to construct a cellar, or make any other excavation, within sixty-six feet from any street, private street, or any adjoining property, he shall give notice of his intention to the Council, whose consent must first be obtained to the commencement of such work; and the owner or occupier shall cause such cellar or excavation to be so constructed or made that it cannot become a receptable for stagnant water or other impure matter.
205 Council may require removal of overhanging trees, &c. Ibid., sec. 196
(1.)
The Council may, by order in writing under the hand of the Mayor or the Clerk, require the occupier, or in case there is no occupier, then the owner, of any land abutting upon any street within the borough to do any of the following acts:—
(a.)
To remove, lower, or trim to the satisfaction of the Council any tree or hedge overhanging or overshadowing such street in cases where, in the opinion of the Council, such removal, lowering, or trimming is necessary in order to prevent injury to the street or obstruction to the traffic thereon or to any channel, ditch, or drain appertaining thereto;
(b.)
To cut down or grub up, as the Council directs, and remove all obstructions to traffic or drainage arising from the growth of plants or the spreading of roots upon or under such street, up to the middle-line thereof along the whole frontage of the land occupied or owned by him; and
(c.)
To remove, lower, or trim to the satisfaction of the Council any tree or hedge, or to lower any fence, if in the opinion of the Council such tree, hedge, or fence is likely, by reason of its obstructing the view, to cause danger to the traffic on that or any other street.
(2.)
Within ten days after service of the order such occupier or owner may, by complaint under the Justices of the Peace Act, 1908, require the local authority to appear before a Magistrate to show cause why the order should not be set aside.
(3.)
On the hearing of the complaint the Magistrate, whose decision shall be final, shall determine whether the order should or should not be set aside, and in the former case the order shall be deemed to be void.
(4.)
In the case of an order which is not set aside as aforesaid, if the occupier or owner fails to do any such act in compliance therewith within one month from the service thereof, or where complaint as aforesaid has been heard, then within one month after the hearing, he is liable to a fine not exceeding one pound for every day thereafter during which such failure continues, and the Council may enter on the land and do such act and recover the cost from him.
(5.)
The said cost shall be a charge upon the land, and may be recovered as rates are recoverable.
(6.)
In any case where the Council might make any such order as aforesaid in respect of any land, any ratepayer may, by notice in writing, request the Council to do so.
(7.)
If for the space of twenty-eight days after the receipt of such notice the Council fails to comply therewith, the ratepayer may, by complaint under the Justices of the Peace Act, 1908, call upon the Council to appear before a Magistrate to show cause why the notice should not be complied with.
(8.)
On the hearing of such complaint the Magistrate shall determine whether and to what extent the notice shall be complied with by the Council, and his decision shall be final.
(9.)
Any order made by the Council pursuant to the Magistrate’s decision shall be subject to the provisions of subsections two and three of this section.
(10.)
For the purposes of this section—
“Cut down” means cutting down and keeping cut down the stem and roots of any plants so as to prevent their throwing out any leaf, offshoot, or flower; and
“Plants” means and includes gorse, sweetbrier, blackberry, acacia, broom, and fennel.
Cattle straying on Streets.
206 Council may impound straying cattle. 1908, No. 124, sec. 197
If cattle are found straying on a street, the Council or any person may cause such cattle to be taken to the nearest public pound, whether in or out of the borough, to be dealt with as in the case of cattle lawfully impounded.
Tolls at Bridges and Ferries.
207 Council may establish toll-gates at bridges and ferries, subject to certain conditions. Ibid., sec. 198 1916, No. 14, sec. 101(2).
The Council may by special order establish toll-gates and take tolls at any bridge or ferry within the borough or under the control of the Council, and for such purpose may do all or any of the following things:—
(a.)
May appoint and discharge collectors of tolls:
(b.)
May place on a street toll houses, gates, and bars, ferry houses and posts, and other things necessary for working a ferry, and provide boats and punts for the use of any ferry:
(c.)
May from time to time fix the scale of tolls to be collected at any toll-gate or ferry upon all persons, cattle, or vehicles passing the same, and may revoke or alter such scale:
Provided that no toll-gate shall be established under this section without the consent of the Governor-General in Council, except at a ferry.
208 Conditions under which tolls may be taken. 1908, No. 124, sec. 199 1916, No. 14. sec. 101(1)
(1.)
No toll shall be payable unless the following conditions are observed, that is to say:—
(a.)
The scale of tolls shall be publicly notified for fourteen days before becoming first payable.
(b.)
The name of the toll-gate or ferry, and the name in full of the collector, and the scale of tolls, shall be painted in black letters not less than two inches in length on a white board, and placed in a conspicuous place on or near the toll-house or ferry-house, so as to be conveniently read by every person from whom a toll is demanded.
(2.)
If the Governor-General is of opinion that any toll-gate established by a Council is not necessary or that the tolls taken thereat are excessive, he may, by Order in Council gazetted, direct the Council to abolish the toll-gate or to reduce the tolls, as he thinks fit:
Provided that nothing herein shall deprive the lessee (if any) of the toll-gate of any right he may have of compensation for any loss sustained by him by reason of such Order in Council.
209 Exemption from tolls in certain cases. 1908, No. 124, secs. 200, 201
The persons, cattle, and vehicles mentioned in the Seventh Schedule hereto, and every animal and vehicle employed solely in carrying such persons or their tools and materials, shall be exempt from tolls:
Provided that the three last-mentioned exceptions in the said Seventh Schedule shall not apply in the case of tolls payable at a ferry.
210 Penalty for plying for hire in vicinity of ferry or bridge at which tolls payable. Ibid., sec. 202
If any person hires or plies for hire in any boat or punt across any river, stream, or creek within half a mile in a straight line from any public ferry in working-order, or bridge open for traffic across the same, at which tolls are payable, he is liable to a fine not exceeding five pounds for each such offence.
211 Regulations as to tolls. Ibid., sec. 203
The Governor-General may from time to time make regulations prescribing the manner in which, the term for which, and the conditions upon which any such tolls may be leased, and regulating the distraining for or recovery of tolls, and compensation for non-payment thereof, and imposing fines for non-payment or evasion of tolls, and prescribing the duties of toll-collectors, and fines for breaches thereof, and any other regulations in connection with such tolls.
212 Compensation where right to collect tolls destroyed. Ibid., sec. 204
Nothing in this Act shall be construed to limit or interfere with the right to levy tolls on any bridge, ferry, tramway, or tollgate granted to any person or persons during the period for which such tolls have been so granted, except on payment of adequate compensation.
Services for Conveyance of Passengers and Goods.
213 Council may establish services for conveyance of passengers and goods. 1913, No. 62, sec. 27
(1.)
The Council may establish, maintain, and regulate a service for the conveyance of passengers and goods to and from any place within the borough, or, with the consent of any neighbouring local authority, between any place within the borough and any place within the district of that local authority, or the Council may contribute out of the District Fund to any such service established or maintained by any person or company or by any other local authority.
(2.)
Where prior to the commencement of the Municipal Corporations Amendment Act, 1913, a Council has obtained an authorizing order under the Tramways Act, 1908, and has delegated its powers under such authorizing order, and a tramway has been constructed in pursuance of the authority thereby conferred, the powers conferred by this section shall be exercised only in the direction and to the extent of establishing, maintaining, and regulating services for the purpose of extending or supplementing the service of the said tramway, or of serving areas not served or not adequately served by the said tramway. The establishment and maintenance of a motor service for the purpose only of serving areas not served or not adequately served by the tramway shall not be deemed to be in contravention of the provisions of this subsection, notwithstanding that part of the course of such service is through streets in which the said tramway is laid, and which are served by the said tramway. Any question arising whether any service, or proposed service, is in breach of the provisions of this subsection shall be settled by the Supreme Court upon an originating summons issued for that purpose.
(3.)
Nothing herein shall authorize a Council to construct any tramway or railway.
214 Council may establish ferry services. 1908, No. 124, sec. 206
(1.)
The Council may establish ferry services between termini within or partly within and partly without the borough, and may purchase or hire steamers and other vessels for that purpose, and may fix the fares and generally regulate the services.
(2.)
The Council may make by-laws for licensing any vessels plying between termini within the borough for the carriage of passengers for hire, and for preventing unlicensed vessels from so plying, and also fixing the maximum fares and tolls to be charged for the carriage of passengers and goods on such vessels, and the times of running and the route, and generally regulating the services.
(3.)
The powers of this section may be exercised by any two or more local authorities jointly whose districts are benefited by any service, and the powers given by subsection two may be jointly exercised as regards vessels plying between termini within the several districts of two or more local authorities.
(4.)
For the purposes of this section a terminus shall be deemed to be within a district if it is on the borders or in the close vicinity of the same, and is not in another borough, or in a county, road district, or town district.
Part XXII Drainage and Sanitation
General.
215 Public drains vested in Corporation. Ibid., sec. 207.
Every public drain in the borough shall be deemed vested in the Corporation.
216 Covered drains used for twenty years deemed to be public drains. Ibid., sec. 208
Without prejudice to the wider meaning of the term “public drain,”
it is hereby declared that every covered drain in a borough that has actually, and whether legally or not, been under the control of any Borough Council, County Council, Road Board, or Town Board for twenty years as a covered drain shall be deemed to be a public drain under this Act.
217 Council may make provision for drainage of borough. 1908, No. 124, sec. 209
The Council may provide all buildings, engines, machinery, and other things necessary for the good and efficient drainage of the borough.
218 Council to prepare drainage-map of borough. Ibid., sec. 210
(1.)
The Council of every borough shall, within two years from its constitution, cause a map to be made showing the course and levels of all drains made or intended to be made for the efficient drainage of the borough; and may from time to time cause any new drains, or any alteration of existing drains found to be necessary, to be marked on such map.
(2.)
The drainage-map shall be open for public inspection at all reasonable hours at the office of the Council.
219 Council may construct and repair drains. Ibid., sec. 211
(1.)
The Council may cause to be constructed, of such dimensions and such materials as it thinks fit,—
(a.)
Upon or under the streets and public places within the borough, all such drains as are from time to time shown on the said map, and until such map is made all such drains as the Council from time to time thinks needful for the efficient drainage of the borough:
(b.)
Upon or under any private lands or buildings within the borough all such drains as aforesaid, subject, however, to the conditions set out in the Eighth Schedule hereto:
Provided that it shall not be lawful for the Council to make any drain upon or under any private lands or buildings other than an underground covered drain, unless the permission in writing of the owners has been first obtained.
(2.)
Any drain under any building shall, throughout so much of its length as passes under that building, be constructed of brick, concrete, stone, or tiles.
(3.)
The Council may from time to time alter, renew, repair, and cleanse any drain so constructed.
220 Council may cover in watercourse so as to make it a public drain. Ibid., sec. 212
(1.)
The Council may enclose and cover in any stream or watercourse within the borough which, by reason of sewage or other offensive matter therein, or from any other cause whatever, is, or in the opinion of the Council may become, a nuisance or dangerous to the public health, whereupon the work shall become a public drain of the borough.
(2.)
For such purpose the Council may make, construct, and lay down such drains or do such other works as in the opinion of the Council are necessary for the covering-in of such stream or watercourse and the removal therefrom of any sewage or other matter which in the opinion of the Council should be excluded therefrom.
(3.)
In connection with such works the Council may straighten or otherwise alter the course and direction of such stream or watercourse, and take up, disconnect, alter, relay, or otherwise deal with any private drains communicating with such stream or watercourse.
(4.)
The Council shall not be liable to pay compensation in respect of any one being deprived of the water flowing in such stream or watercourse, or of the right to such water, nor for any damage or inconvenience occasioned to the owners or occupiers of such lands or premises, but shall nevertheless make good any damage or injury caused during the construction of the works:
Provided that this subsection shall not apply in any case in which the nuisance or danger has been caused by the act or default of the Council.
(5.)
The powers conferred on the Council by this section shall be exercised pursuant to a special order, in which shall be given a general description of the proposed work, with or without reference to a plan thereof deposited at the public office of the Council; and the Council shall serve copies of the proposed special order on all owners of land affected thereby, so far as they can reasonably be ascertained, at least fourteen days before the date fixed for the confirming meeting.
(6.)
Such special order shall not come into force until a day named therein for that purpose, not being less than ten days from the confirmation thereof.
(7.)
Any owner or occupier of land affected by the proposed work may, at any time before the coming into force of the special order, apply to a Magistrate exercising jurisdiction in the borough for an order preventing the Council from undertaking the said work, and the Magistrate may, in his discretion, make an order allowing the work with or without modification, or prohibiting it, and his decision shall be final.
(8.)
The Magistrate may adjourn the date fixed for the confirming meeting or the coming into force of the special order, and may award any costs against any party.
(9.)
The Council may nevertheless at any time, upon the certificate in writing of two duly qualified medical practitioners that immediate action is necessary in the interests of public health, and without passing a special order, execute any temporary works whatever for abating a nuisance in any stream or watercourse.
221 Council may erect structures for drainage purposes on streets or other public places. 1908, No. 124, sec. 213
The Council may also, without liability to pay any compensation in respect thereof, erect any buildings, structures, machinery, or manholes, manhole and other entrances, light and lamp holes, ventilating-grids, and other works and things of every description in connection with drainage, in, upon, or under any public or private street or public place in the borough.
222 Surface water may be led into watercourses. Ibid., sec. 214
The Council may lead any surface water into any stream or watercourse, whether covered or open.
223 Council may make dams, &c., in watercourses. Ibid., sec. 215
The Council may also, without liability to pay any compensation in respect thereof, make and erect such dams, tanks, reservoirs, and other appliances as it thinks fit across and in the bed of any stream or watercourse within the borough, or contiguous thereto, for the purpose of retaining water to flush and cleanse any public drain or covered or open watercourse, and lay pipes therefrom for the purpose of conducting water to any of the said drains and watercourses.
Private Drains.
224 Council may require owners of lands in certain cases to provide private drains. Ibid., sec. 216 1910, No. 81, sec. 26
(1.)
In respect of any land or building within the borough lying within one hundred feet from the sea or from a public drain the Council may, by notice in writing, require the owner thereof to do all or any of the following things:—
(a.)
To provide, construct, and lay a private drain from any land or building which is not drained by some pipe or drain to the satisfaction of the Council, and to connect such private drain with any public drain or covered watercourse or street-channel lying within such distance as aforesaid, or the sea, as the Council thinks fit:
(b.)
To cleanse, repair, relay, and alter the course, direction, and outfall of any existing private drain of or belonging to such premises:
(c.)
To connect any such existing private drain with any public drain or covered watercourse or street-channel other than the public drain, covered watercourse, or street-channel with which the same was previously connected, and lying within such distance as aforesaid:
(d.)
To provide and affix in and to any such existing private drain, and in and to any such new private drain, all such traps, methods of ventilation, and other sanitary appliances whatever as the Council directs:
(e.)
To connect or disconnect any existing or new private drain with or from any water-closet, urinal, bath, sink, grease-trap, or other sanitary appliance:
(f.)
To execute, provide, and do generally any works, materials, and things which in the opinion of the Council are necessary or expedient for the efficient drainage of such premises and every part thereof.
(2.)
The Council may, in the exercise of the powers conferred upon it by the last preceding subsection, in lieu of requiring several owners each to provide, construct, and lay a private drain, and to connect such private drain with any public drain, or covered watercourse, or street-channel as provided in that subsection, require such owners—
(a.)
Jointly to provide, construct, and lay a common private drain through such of the separately owned lands as the Council thinks fit, and to connect such private drain with any such public drain, covered watercourse, or street-channel as aforesaid; and
(b.)
Severally to provide, construct, and lay a private drain from the land or building of which each is the owner, and to connect the same with the common private drain.
(3.)
The powers conferred upon the Council by paragraphs (b) to (/) of subsection one hereof may also be exercised with respect to private drains provided, constructed, and laid under the last preceding subsection, and to similar private drains heretofore provided, constructed, and laid in the borough.
(4.)
Every such notice shall specify the works, materials, and things to be executed, provided, or done thereunder, and the public drain or covered watercourse or street-channel with which any private drain is required to be connected, and shall limit a time within which the works, materials, and things shall be so executed, provided, and done.
(5.)
The foregoing powers shall, amongst other things, enable the Council to require any owner of premises to cause the sewage and surface water respectively arising therefrom to be drained by separate drains to separate outfalls:
Provided that the Council shall not in any such notice require any sewage to be drained into any street-channel.
(6.)
If the owner fails to do the work specified in the notice and as therein directed, the Council may, if it thinks fit, cause the same to be done, and may recover from him the costs and expenses of the work, together with five per centum of those costs and expenses for supervision, and interest at the rate of six per centum per annum on the total sum until payment thereof; and such costs and expenses, percentage, and interest shall, until payment thereof, be a charge on the premises with respect to which the work was done.
225 Channels for surface water. 1908, No. 124, sec. 217
If surface or storm water lies upon any land in the borough, the Council may make an open drain so as to carry off such water into the public drain most convenient for the purpose, but shall do as little damage as possible thereby, and shall not make such drain under or so as to interfere with any building; and the Council may recover the cost of such drain from the owners or occupiers of the lands drained thereby in such proportion as the Council thinks fair.
226 Special provisions as to private drains serving several separately owned premises. Ibid., sec. 218
(1.)
Where any existing private drain passes through or serves several separately owned premises, or any new private drain is required by the Council so to pass through or serve such premises, the Council may, pursuant to a resolution in that behalf of which notice shall be given to the owners of the lands affected, execute, provide, and do all or any of the works, materials, and things necessary in respect of such drain to comply with any lawful requirement of the Council.
(2.)
The Council may impose upon the owners of such several premises all or any part of the cost of such works, materials, or things in such proportions as the Surveyor may certify to be reasonable.
(3.)
The Council may, by resolution passed at a meeting of which at least fourteen days’ public notice has been given, declare any common private drain to be a public drain.
227 Further provisions with respect to such private drains. 1913, No. 62, sec. 28 1915, No 78. sec. 7
(1.)
Where any private drain existing on the fifteenth day of December, nineteen hundred and thirteen (being the date of the passing of the Municipal Corporations Amendment Act, 1913), passes through or serves separately owned premises there shall be attached to each and all of the lands served by such private drain a right to the free and uninterrupted use of such private drain, and a right for the occupier thereof to enter upon all lands served by such drain, or through which such drain passes, for the purpose of effecting necessary repairs to such drain, and a right to contribution from the owners or occupiers of other lands so served by such drain towards the cost of executing, providing, and doing all or any of the things required in respect of such drain by this Act or any by-law, and a right to contribution from such owners or occupiers of such other lands towards the cost of all necessary repairs to such drain; and such rights, upon a certificate being furnished by the Town Clerk that any of such lands is actually served by such drain, shall be registered by the District Land Registrar against the titles (whether under the Land Transfer Act, 1915, or not) to all the other lands so served by such drain, and also, in the case of the right to free and uninterrupted use of such drain and the right to enter upon land to effect necessary repairs, against the titles (whether under the Land Transfer Act, 1915, or not) to the lands through which such drain passes.
(2.)
The foregoing provisions of this section shall extend and apply to all such private drains constructed with the consent of the Council and of the owners of the lands through which the drains pass, after the passing of the Municipal Corporations Amendment Act, 1913, and whether before or after the passing of this Act.
Moneys payable by Owners and Occupiers.
228 Council may agree with owner of premises for payment by instalments of cost of drainage connections. 1910, No. 81, sec. 27
(1.)
The Council and the owner of any premises may agree in writing that any moneys payable by the owner under any provision of this Part of this Act for or in respect of any work, materials, or things executed, provided, or done by the Council on or to those premises in pursuance thereof, or of any by-law of the borough relating to drainage or sanitation, shall be repayable in one amount at a fixed time, with interest at a rate not exceeding seven per centum per annum, or by instalments extending over a number of years, with interest at the rate aforesaid.
(2.)
Such agreement may contain any incidental provisions, and may provide for the earlier payment of the remaining instalments, or any of them, on terms to be mentioned in the agreement.
(3.)
Such agreement may, where the moneys are repayable in one amount, contain provisions for securing the repayment thereof; and where the moneys are repayable by instalments, each such instalment shall be recoverable as a rate, subject nevertheless to the following conditions:—
(a.)
The owner for the time being of the premises in question shall in all cases be deemed the person primarily liable for payment:
(b.)
A separate book shall be kept by the Collector of Rates to the Council, in which particulars of such instalments (distinguishing capital from interest), and of the works in respect whereof they are payable, and of the dates for payment thereof, and of the names of persons paying the same, shall be entered; and such book shall be prima facie evidence of the correctness of its contents.
(4.)
The moneys payable by the owner as aforesaid shall include not only the actual cost of the work, materials, or things, but also a sum equal to five per centum of such actual cost to cover the cost of supervision by the servants of the Council.
(5.)
Capital moneys advanced by the Council under this section may, when repaid, be advanced to other owners for the purposes aforesaid, and subject thereto all such capital moneys shall be applied in or towards the repayment of any special loan raised as hereinafter mentioned, either by payment into the sinking fund (if any) or in such other manner as the Council, with the sanction of the Audit Office, determines.
(6.)
Interest moneys on any advances shall be applied in or towards payment of the interest or other annual charges in respect of the special loan aforesaid.
(7.)
For the purpose of providing funds out of which advances as aforesaid may be made, the Council may borrow moneys by way of special loan under the Local Bodies’ Loans Act, 1913, and any such special loan may form part of a special loan raised for the execution of any municipal drainage-works, or it may be raised at any time after the execution of such works, and the special rate made for the security of the said loan may be made and levied over the whole of the borough or over any defined portion thereof.
229 Owner may recover proportion of cost of drainage connections from tenant under a lease with not less than three years unexpired. 1908, No. 124, sec. 220
(1.)
If by the direction of the Council an owner executes any work under this Part of this Act, or under any by-law made in pursuance thereof, or pays any instalment under the last preceding section, and at the time of the completion of such work (to be certified under the hand of the principal officer of the Council having charge of drainage-works in the borough) the premises whereon or for which such work has been executed are held by a tenant under him having a term of at least three years then unexpired, such owner may recover from such tenant, in like manner as if the same were rent reserved under the tenancy, five per centum per annum during the unexpired term of such tenancy on the cost of the work so executed by him, or, as the case may be, on each such instalment paid by him, such percentage to be computed from the date of the payment of such cost or instalment, and to be payable; at the end of each year during the residue of the said term.
(2.)
If the tenant paying such percentage has, at the time of such payment, a tenant under him with at least three years’ unexpired tenancy, he may recover the amount so paid by him from such last-mentioned tenant.
Drains beyond Borough.
230 Council may make main drains outside the borough. Ibid., sec. 221
The Council may make such main drains as it thinks necessary through any lands outside the borough for the purpose of carrying off sewage matter or surface water into the sea, or into any lagoon, river, or watercourse, or to any places convenient for the purpose of collecting, utilizing, and selling such sewage matter for agricultural and other purposes, or to any land convenient for disposing of such sewage matter by means of fertilizing or otherwise improving such lands.
231 Council may make such drains under roads, after notice to local authority concerned. Ibid, sec. 222
(1.)
The Council may make such drain under any road outside the borough, but shall give one month’s notice in writing to the local authority having the control of such road before interfering with the same.
(2.)
If such local authority objects to the proposed work, the matter shall be referred to the Minister of Public Works, whose decision thereon shall be final.
232 Council may agree to use drain under control of other local authority. Ibid., sec. 223
The Council may agree with any local authority for the use of any drain under such local authority’s control for the purpose of carrying off the sewage matter or surface water, upon such, terms and conditions for such use, or for the alteration, enlarging, covering-in, or maintaining such drain, as may be agreed on by the Council and such local authority
233 Provisions applicable to drains outside the borough. Ibid., sec. 224
All main drains outside the borough but under the control of the Council shall be deemed vested in the Corporation, and all the provisions of this Act in respect to drains within the borough shall equally apply to the main drains and places for the reception of sewage matter which the Council is hereby authorized to make or provide outside the borough; and the provisions of sections two hundred and thirty and two hundred and thirty-one hereof shall extend to authorize the construction by the Council of ventilating-shafts and other methods of ventilation, manholes, manhole and other entrances, light and lamp holes, and other appurtenances in, upon, or under any lands and roads outside the borough.
Drainage into Harbours.
234 Drains leading into harbour not to be constructed without leave of Harbour Board. 1908, No. 124, sec 225
It shall not be lawful for the Council to construct any drain whereby any silt or refuse matter is carried into any harbour or other waters under the control of any Harbour Board, except in such manner and on such conditions as are approved of by such Harbour Board.
235 Disputes as to such drains to be submitted to arbitration. Ibid., sec. 226
If the Council and Harbour Board are unable to agree as to the mode of disposing of any silt or refuse matter, or as to any other matter in respect of drainage in which the powers and duties of such Council and Harbour Board conflict, such difference shall be determined by arbitration under the Arbitration Act, 1908, and this section shall be deemed a submission within the meaning of that Act.
Protection of Drains.
236 Penalty for unlawful interference with drains. Ibid., sec. 227
(1.)
Every person is liable to a fine not exceeding twenty pounds who—
(a.)
Wilfully or negligently destroys or injures any public or private drain or covered watercourse, or any building, erection, structure, method of ventilation, machinery, dam, tank, reservoir, or other work or thing being part of or connected with any drainage-works vested in or under the control of the Council; or
(b.)
Not having the written authority of the Council in that behalf, makes any private drain connected with a public or private drain or covered watercourse; or
(c.)
In any way stops or obstructs or otherwise interferes with any public or private drain or covered watercourse or other drainage-work.
(2.)
The Council may replace or repair the property so destroyed or injured, or remove or alter as it thinks fit such private drain, and may recover from such person in any Court of competent jurisdiction the full cost of such work, or of removing any stoppage or obstruction effected by him, and of all damage done or caused by him.
Part XXIII Protective Works
237 Council may construct protective works to prevent damage by flood. Ibid., sec. 228
The Council may construct and maintain within or without the borough any works necessary to prevent damage from floods of rivers or streams, or from encroachment of the sea.
Part XXIV Waterworks
238 Definition of term “waterworks.”
Ibid., sec. 229
(1.)
In this Part of this Act, if not inconsistent with the context, “waterworks”
includes all streams and waters and all rights appertaining thereto, and all lands, watersheds, catchwater areas, reservoirs, dams, tanks, and pipes, and all buildings, machinery, and appliances of every kind acquired or constructed by the Council of the borough under the authority of this Act for collecting or conveying water for or to the borough or any part thereof, or beyond the borough, under the provisions in that behalf hereinafter contained.
(2.)
All waterworks which heretofore have been purchased or acquired, or constructed, and established by any Council for the supply of water to the inhabitants of the borough under any special or other Act shall be deemed to have been purchased or acquired, or made, constructed, and established, under this Act, and all the provisions of this Act shall be deemed to apply to such waterworks accordingly.
Construction and Maintenance.
239 Council may construct waterworks. 1908, No. 124, secs. 230, 231, 232
(1.)
The Council may construct waterworks for the supply of pure water for the use of the inhabitants of the borough, or of the shipping in any harbour adjoining, and may keep the same in good repair, and may from time to time do all things necessary thereto; and therein especially may do the following things:—
(a.)
May, subject to the provisions of this Act and to any right granted under any prior Act, take the water from any river, stream, lake, or pool:
(b.)
May break up or dig into the surface of any street, private street, or public place within the borough, or of any road beyond the borough:
(c.)
May alter any drain, sewer, or gas-pipe on or under any such street or road so far as is necessary for such construction or repair:
(d.)
May prospect for water by boring, whether the land to be prospected is situated within or beyond the borough.
(2.)
The powers granted by this Act in respect of the construction of waterworks shall be deemed to include the power of extending or enlarging any such waterworks.
(3.)
All such waterworks shall be vested in the Corporation of the borough.
240 Entry upon private land. Ibid., sec. 233
Nothing in this Part of this Act shall authorize the entering upon any private land without the consent of the owner, except for the purpose of making surveys, or until such land is taken by the Council as hereinbefore provided; but if any pipe or other part of the waterworks is at any time, with such consent, put on or under any private land the Council may thereafter enter thereon to repair such pipe or other part of the waterworks when required.
241 Special provisions as to waterworks beyond the borough. Ibid., sec. 234
The provisions of the Ninth Schedule hereto shall apply to such parts of the waterworks as lie beyond the borough.
Supply of Water.
242 Persons supplied with water to provide appliances. Ibid., sec. 236
Every person supplied with water from the waterworks shall provide such proper taps, stop-cocks, and other apparatus as the Council requires, and shall keep the same in good repair so as to prevent the water running to waste; and, in default of his providing or keeping in repair any such apparatus, or in case of his wilfully allowing water to run to waste, the Council may stop the supply of water to such person in any manner it thinks fit.
243 Council may inspect appliances in houses 1908, No. 124, sec. 237
Any person acting under the authority of the Council may, for the purpose of ascertaining whether water supplied from the waterworks to any land or building is being wasted or misused, enter on such land at any hour of the day or night, or into such building at any time between the hours of eight o’clock in the forenoon and six o’clock in the afternoon of any day; and if such person is refused admittance or obstructed in such examination the Council may stop the supply of water in any manner it thinks fit.
244 Notice of removal of water-pipes to be given to Council. Ibid., sec. 238
Any person may remove any pipe or other apparatus belonging to him connected with the waterworks, after giving to the Council fourteen days’ notice in writing of such his intention, and of the time of such removal, but shall be liable for all damage done to any part of the waterworks thereby; and if any person removes any such pipe or apparatus without giving such notice, he shall be liable to a fine not exceeding twenty pounds and to pay for all damage done to the waterworks by such removal.
Use of Water for Motive Power.
245 Council may use water from waterworks for motive power. Ibid., sec. 239
The Council may use the water supplied by any waterworks belonging to the Corporation for the purpose of obtaining motive power in connection with the producing of electricity for lighting the streets and public places, and for supplying the inhabitants with electricity under the provisions of section two hundred and eighty-one hereof, provided the ordinary supply is not thereby interfered with.
246 Surplus water may be sold for motive power. Ibid., sec. 240
The Council may from time to time, in case the supply of water in the borough is in excess of all demands for general, ordinary, and extraordinary supply within the meaning of any by-law, enter into contracts to supply any person with an extraordinary supply of water for use as a motive power for any term not exceeding seven years, upon such terms and conditions, and at such charges, to be paid in such manner, as the Council thinks fit; and may at any time, on giving three months’ notice in writing, or, if such aforesaid excess of water fails, may at any time without previous notice, discontinue such extraordinary supply, without being liable to pay any compensation for such discontinuance or in anywise relating thereto.
Supply to Persons outside Borough.
247 Supply of water outside the borough Ibid., sec. 241
(1.)
The Council may supply any person outside the borough with water; and for such purpose all the provisions of this Act relating to waterworks, and all the powers given to the Council thereby, shall apply equally to all places, persons, and things outside as to the same within the borough.
(2.)
The Council may supply such water to places outside the borough at such rate or charges, and for such times, and on such terms and conditions as the Council from time to time determines.
(3.)
The Council may at any time, on giving three months’ notice in writing of intention so to do, discontinue such supply of water outside the borough, without being liable to pay any compensation for such discontinuance or in anywise relating thereto,
Purchase of Waterworks.
248 Council may purchase waterworks. 1908, No. 124, sec. 242
The Council may, out of any moneys applicable to the construction of waterworks under this Act, purchase any waterworks theretofore constructed in or beyond the borough, and such waterworks when purchased shall be deemed to be waterworks constructed under this Act.
249 Council may contract for water-supply. Ibid., sec. 243
The Council may contract, for any period not exceeding twenty-one years at one time, with the owners of any waterworks, or any other person, for such supply of water as the Council thinks necessary for the purposes of this Act; but no contract shall be made for a longer period than three years, unless the electors previously approve of the period for which it is proposed that such contract shall be made.
250 Notice of proposal and poll of electors. Ibid., sec. 244
(1.)
On any proposal under the last preceding section to contract for the supply of water for a longer period than three years the Council shall publish in the borough, once in each week for two successive weeks, a notice setting forth the period for which it is proposed to make the contract, and appointing the day, not less than fifteen nor more than twenty-one days from the publication of the said notice, on which a poll of the electors will be taken on the proposal.
(2.)
Such poll shall be taken in the manner provided for the taking of a poll on a proposal to sanction a special loan, so far as the same can be made applicable to the purposes of this section.
Provision for Protection of Water.
251 Drawing off water from streams supplying waterworks. Ibid., sec. 245
If any person does any act whereby the waters of any river or stream, being a part of any waterworks under this Act, are drawn off or diminished in quantity, and does not immediately on receiving notice in writing in that behalf from the Council restore such river or stream to the state in which it was in all respects before such act, he shall be liable to a fine not exceeding one hundred pounds for every day during which such act continues; and the Council may, if it thinks fit, itself restore such river or stream to the said former state, and may recover from such person all the expenses incurred by so doing.
252 Offences with respect to waterworks. Ibid., sec. 246
(1.)
Every person commits an offence who does any of the following things, namely:—
(a.)
Wilfully injures or destroys any part of the waterworks; or
(b.)
Unlawfully draws off or diverts any water belonging to the waterworks; or
(c.)
Wilfully or negligently allows any pipe or apparatus on his premises to be out of repair so that water is wasted, or alters any meter, or does or suffers any act whereby his supply of water is improperly increased; or
(d.)
Not having agreed to be supplied with water from the waterworks, takes any such water from the supply furnished to another person; or
(e.)
Being supplied with water from the waterworks, supplies another person who has not agreed to be so supplied with, or permits him to take, any such water; or
(f.)
Bathes, or washes foul linen or other thing, in any water of the waterworks; or
(g.)
Throws any animal or dirt or rubbish of any sort into such water; or
(h.)
Allows any gas or any foul liquid or matter of any kind to flow or escape from any part of his premises, or any pipe or drain connected therewith, into any such water; or
(i.)
Obstructs any person acting under the authority of the Council in doing anything which the Council is by this Part of this Act empowered to do; or
(j.)
Opens the ground so as to uncover any pipe belonging to the waterworks, or connects any pipe with such pipe, without giving the Council seven days’ notice in writing of his intention so to do; or
(k.)
Connects any pipe with a pipe belonging to the waterworks without giving the Council two days’ notice in writing of the day and hour he proposes to do so, or without having obtained the permission of some person acting under the authority of the Council in that behalf; or
(l.)
Connects any pipe with a pipe of the waterworks except in the presence of and pursuant to the direction of the officer appointed by the Council to superintend the same, unless such officer fails to attend at the time named in the notice; or
(m.)
Connects with a pipe of the waterworks any pipe of a strength or material not approved by the Council.
(2.)
Every person who commits an offence against this section shall be liable to a fine not exceeding twenty pounds for each such offence, and to a further sum equal to the cost incurred by the Council in repairing the injury done to any part of the waterworks by any such act.
Protection of Waterworks.
253 Pollution of waterworks 1908, No. 124, sec. 247
If any foul liquid or matter is thrown, or poured, or suffered or allowed to fall or flow into any water or watershed being a part of or taken or used for supplying water to any waterworks, the person so offending is liable to a fine not exceeding one hundred pounds, and to a further fine not exceeding ten pounds for every day during which such offence is continued after such person has received notice in writing from the Council to discontinue the same.
254 Manufactories, &c., may be examined. Ibid., sec. 248
The Council may, after giving twenty-four hours’ notice to the person carrying on or managing or having charge or control of any works, manufactory, or business premises, enter thereupon and cause the same to be thoroughly examined in order to ascertain whether any foul liquid or matter therefrom is flowing into any such water or watershed or any waterworks; and, if it appears upon such examination that such is the case, the Council may recover from such person all the expenses incurred by making such examination.
255 Diversion of water from waterworks in ease of flood. 1913, No. 62, sec. 29
The Council may in time of flood or other emergency lead any surplus water from any waterworks vested in the Council into any natural stream with a view to the protection of the waterworks.
Part XXV Prevention of Fires
256 Fireplugs. 1908, No. 124, secs. 249, 250
(1.)
The Council shall fix fireplugs in the main pipes of the waterworks (if any) in the borough, at distances not more than one hundred yards from each other, and at the most convenient places for extinguishing any fire, and shall keep such fireplugs in effective order.
(2.)
The Council shall deposit a key of the fireplugs at each station where a fire-engine is kept, and put upon any building it thinks fit near each fireplug a conspicuous notice showing the situation thereof.
257 Pipes to be kept charged with water 1908, No. 124, sec. 251
(1.)
Except in case of unusual drought, or of unavoidable accident, or of shortage from any cause of the water-supply, or during necessary repairs, the Council shall at all times keep charged with water the pipes in which fireplugs are fixed.
(2.)
The Council shall allow all persons to take and use water from any waterworks or water-race for extinguishing fire without any payment for the same.
258 Fire-engines and other appliances may be provided Ibid., sec. 252
The Council may provide all such engines, machinery, appliances, and buildings as it thinks fit for securing and promptly using an efficient supply of water from any waterworks or water-races for extinguishing fires; but the cost of all such appliances, and the cost of providing the fireplugs above mentioned, shall be charged against and paid out of the General Account of the District Fund.
259 As to fire brigades. Ibid., sec. 253
The Council may establish a municipal fire brigade, or may agree with any fire brigade or other persons as to providing the necessary plant and extra labour for the purpose of extinguishing fires, and for the payment to any such brigade or persons, out of the General Account of the District Fund, of such remuneration by way of gratuity as the Council thinks fit.
260 Volunteer fire police. Ibid., sec. 254
(1.)
The Council may accept the volunteer services of any fit person or persons, not exceeding in number fifty men, to act as a fire police, whose duty it shall be to attend at any fire to aid and assist the regular Police Force, to watch over any property saved, to preserve order, and to carry out any instructions which may be given by any Fire Inspector in command on the spot or by any other person duly authorized by him.
(2.)
Every member of such fire police shall be enrolled by the Mayor, and his services accepted for one year from the date of his enrolment, and shall be sworn in before a Justice, and thereafter during the period of his service under such fire police and whilst so acting shall be deemed to be and shall have all the power and authority and responsibility of a constable.
261 Appointment of Fire Inspectors. Ibid., sec. 255
(1.)
The Council may from time to time appoint, and may remove and reappoint, one or more Fire Inspectors.
(2.)
Every such appointment shall be by warrant under the hand of the Mayor; and every appointment, removal, or resignation of such officer shall be publicly notified.
262 Powers of Fire Inspectors. Ibid., sec. 256
(1.)
A Fire Inspector may, on the occasion of any fire occurring in the borough, do the following things:—
(a.)
He may take the command of any fire brigade or other persons who by previous agreement with the Council have placed their services at the disposal of the Council, or who for the time place themselves at his disposal:
(b.)
He may order any person engaged in extinguishing the fire (hereinafter called a “fireman”
), or any constable, to remove any persons who, by their presence or otherwise howsoever, interfere with or impede the labours of the fire brigade or other firemen in extinguishing the fire:
(c.)
He may take any measures he thinks best for the protection of life and property:
(d.)
He may, with any assistance he requires, break into, take possession of, or pull down any premises for preventing the spread of fire, doing, however, as little damage as possible thereby: and also for the like purpose may remove any dangerous or inflammable material or debris from the site of the fire:
(e.)
He may interfere with the supply of water in any waterworks as he thinks fit in order to get a greater supply or pressure in the neighbourhood of the fire.
(2.)
No penalty, damages, or claim for compensation shall be recoverable by or against any person in consequence of any act done under the authority of this section.
263 Constables to assist Fire Inspectors. 1908, No. 124, sec. 257
All constables are hereby authorized and required to aid every Fire Inspector in the execution of his duty, and shall at the request of any Fire Inspector clear any road or street in or near to which a fire is burning, and remove any persons who, by their presence or otherwise howsoever, interfere with or impede the labours of the firemen.
264 Damage by Fire Inspectors deemed to be damage by fire Ibid., sec. 258
All damage to property caused by any Fire Inspector, or any person acting under his orders, in the due execution of his duties under this Act shall be deemed to be damage by fire within the meaning of any policy of insurance against fire, anything in such policy to the contrary notwithstanding.
265 Application to municipal fire brigade of certain provisions of Fire Brigades Act. 1913, No. 62, sec. 31
The Mayor and the principal officer of a municipal fire brigade shall respectively have and may exercise within the borough the powers and authorities conferred upon a Superintendent of a fire brigade by the Fire Brigades Act, 1908, and the Mayor and such principal officer and the Corporation shall respectively have the same immunities from liability in regard to the exercise of any such power and authority as a Fire Board and the Superintendent of a fire brigade respectively have under the provisions of the said Act.
266 Foregoing provisions not applicable within a fire district. 1908, No. 63, sec. 50.
Sections two hundred and fifty-eight to two hundred and sixty-five hereof shall not apply to any borough which is a fire district or part of a united fire district.
Part XXVI Lighting, and Supply of Gas and Electricity
267 Council may establish gasworks. Ibid., secs. 261, 262 1913, No. 62, sec. 32
(1.)
The Council may do all things necessary to light the streets, private streets, and public places of the borough with gas, and to supply gas to the inhabitants thereof; and therein especially may do the following things:—
(a.)
May acquire land and erect buildings within or without the borough;
(b.)
May procure and construct all machinery and plant necessary for gasworks;
(c.)
May lay pipes under the streets and public places;
(d.)
May alter any drains or water-pipes thereunder in such manner as may be necessary, but so as not injuriously to affect the same or to foul any water conveyed thereby;
(e.)
May erect lamp-posts with all requisite fittings thereto in the streets and public places;
(f.)
May do all things necessary to keep the gasworks, and everything appertaining to the supply of gas, in good repair; and
(g.)
May procure and sell gas-fittings and appliances for the use of gas.
(2.)
In case the supply of gas is at any time insufficient, the Council may use kerosene or any other material or method for lighting the streets or public places which it thinks proper.
(3.)
The powers granted by this Act in respect of the construction of gasworks shall be deemed to include the power of extending or enlarging any such gasworks, and the said powers of constructing or extending or enlarging any such works aforesaid shall be deemed also to apply in respect of any gasworks acquired under any Act at any time previous to the coming into operation of this Act.
268 Gasworks to be vested in Corporation. 1908, No. 124, sec. 263
All gasworks constructed or acquired by the Council shall by virtue of this Act be vested in the Corporation of the borough.
269 Council may make provision for supply of gas to private persons. Ibid., sec. 264 1913, No. 62, sec. 33
(1.)
Upon the written application of the owner or occupier of any building within one hundred yards of any main gas-pipe, the Council shall lay on such service-pipes, fittings, and gas-meter as are requisite to supply such building with gas and to measure the quantity consumed.
(2.)
In any such case the Council may, if it thinks fit, lay at its own cost such service-pipes as may be necessary from the main gas-pipe to the boundary of the premises of the applicant, or may require the applicant to pay the cost of the same. All service-pipes on such premises and all fittings shall be paid for by the applicant.
(3.)
The Council may, in its discretion, either require the applicant to pay the cost of any gas-meter or install the same at its own cost and charge such rent therefor as may be prescribed by by-laws in that behalf.
(4.)
The Council may, before commencing any work authorized by this section, require the applicant to deposit a sum equal to the estimated cost thereof, or the portion thereof payable by the applicant, as the case may be.
(5.)
In any such case the Council and such owner or occupier may agree in writing that any moneys payable under this section to the Council shall be payable by such instalments as the Council thinks fit, with interest at a rate not less than four and not more than six per centum per annum.
270 Private consumer to supply fittings. 1908, No. 124, sec. 265
Every private consumer of gas shall provide such gas-fittings and appliances for the proper combustion and for preventing the escape of gas as the Council approves of, and shall keep the same in good repair; and if any person neglects to provide or to repair such fittings and appliances on any premises when required to do so by the Council, the Council may cut off the supply of gas from those premises.
271 Right of entry on land or buildings for inspection of gas-fittings. Ibid., sec. 266
Any person acting under the authority of the Council may, between the hours of eight in the forenoon and six in the afternoon, on any day except Sunday, enter upon any land or building supplied with gas under this Act in order to examine the gas-pipes and fittings and the gas-meter thereon or therein; and if such person is refused admittance, or obstructed in such examination, the Council may, without prejudice to any other remedy, cut off the supply of gas from such building.
272 Offences with respect to gas-meters. 1908, No. 124, sec. 268
(1.)
Every person who alters the index of or in any other manner tampers with a gas-meter, with intent to defraud the Corporation, is liable to a fine not exceeding fifty pounds for every such offence.
(2.)
No private consumer of gas shall alter the position of any gas-meter without giving to the Council three days’ notice in writing of such his intention; and any person making such alteration without such notice is liable to a fine not exceeding ten pounds for every such offence.
273 Council may supply gas to persons outside the borough. Ibid., sec. 269
The Council may supply any person outside the borough with gas, upon such terms and conditions and at such rates as may be agreed on with such person, and for such purpose shall have the same powers outside the borough as it has within the same under the provisions of this Part of this Act.
274 Except as specially provided Council not to interfere with private property. Ibid., sec. 270
Nothing in this Act shall be deemed to authorize the Council to lay any part of the gasworks or anything connected therewith on or under any private property without the consent of the owner and occupier thereof; but the Council may enter upon any such property where gas pipes or fittings have been lawfully laid under this Act, and may alter, repair, or replace the same as it thinks fit.
275 Council to fix price of gas. Ibid., sec 271
The Council may fix a uniform price at which gas shall be supplied to all private consumers, and the times when the same shall be payable, and may from time to time alter the same as it thinks fit.
276 Council may cut off supply of gas. Ibid., sec. 272
If any person fails to pay any moneys due on account of gas, or any gas rate, the Council may, without prejudice to any other remedy in that behalf, cut off the supply of gas from the premises of such person.
277 Recovery of gas charges. Ibid., sec. 273
All moneys receivable as the price of gas supplied shall be deemed to be a separate rate, and may be recovered accordingly.
278 Council may purchase existing gasworks. Ibid., sec. 274
(1.)
The Council may, out of any moneys which may be applied to the construction of gasworks or electric-light works under this Act, purchase any such works constructed in the borough; and such works shall, when so purchased, be deemed to be constructed under this Act.
(2.)
Where gasworks are at any time established in any borough under the authority of any Act it shall not be lawful for the Council to establish any similar works to supply the same locality or any part thereof, except under the authority of a special Act in that behalf.
279 Gas company or electric-light company may sell works to a borough. Ibid., sec. 275
The directors of any gas or electric lighting company, in pursuance, in the case of a company registered under the Companies Act, 1908, of a special resolution of the members passed in manner provided by that Act, and, in the case of any other company, of a resolution passed by a majority of three-fourths in number and value of the members present, either personally or by proxy, at a meeting specially convened, with notice of the business to be transacted, may sell and transfer to the Corporation of the borough, on such terms as may be agreed on, all the rights, powers, and privileges, and all or any of the lands, premises, works, and other property of the company, but subject to all the liabilities attached to the same at the time of such purchase.
280 Council may let contract for lighting of streets and public places. Ibid., sec. 276
The Council may contract for lighting the streets, public places, and public buildings in the borough, in such mode and upon such terms and conditions as it thinks fit; and, so far as applicable, all the provisions hereinbefore contained respecting the construction, establishment, and maintenance of gasworks shall, with the necessary modifications, extend and apply to the powers conferred by this section.
281 Council may light streets with electricity and supply electricity to private persons. 1908, No. 124, sec. 277
(1.)
The Council may do all things necessary to light the streets, private streets, and public places of the borough with electricity, and to supply electricity to the inhabitants thereof, and may contract for a supply of electricity upon such terms and conditions as it thinks fit, and may supply such electricity to the inhabitants of the borough, or contract with any other corporation or person so to do, and therein especially may exercise, or authorize any corporation or person acting under any such contract to exercise, all the powers conferred upon it by sections two hundred and sixty-seven to two hundred and eighty hereof, so far as such sections are applicable to the construction and maintenance of the works necessary for effecting such lighting and to the supply of electricity as aforesaid; and all the provisions of the said sections shall, so far as applicable, extend and apply to such lighting by and supply of electricity in like manner as if such sections had provided for such lighting by and supply of electricity in addition to lighting by and supply of gas:
Provided that nothing herein shall be construed to limit the powers possessed by the Council for the establishment of electric-light works.
(2.)
In the exercise of the powers conferred by this section the Council shall conform to the provisions of the Public Works Act, 1908, and its amendments relating to electric lines, and may construct and maintain electric lines in the manner and with the like powers, authorities, and liabilities as may by law be exercised in respect of or as are attached to the construction of public works.
282 Supply of electricity to persons beyond the borough. 1913, No. 62, sec. 34
A Council, having established electric-light works for the purpose of lighting the streets and public places of the borough and of supplying electricity to the inhabitants of the borough, may—
(a.)
Supply electricity to any person residing beyond the borough, with the consent of the local authority of the district in which the supply is given, and the provisions of this Act as to the supply of electricity to the inhabitants of the borough shall, so far as applicable, extend and apply to the case of such supply beyond the borough; and
(b.)
Contract with the local authority of any adjoining district to supply electricity to such local authority upon such terms and conditions as may be mutually agreed upon.
283 Council may advance to occupier of premises the cost of installation of gas or electricity. 1915, No. 78, sec. 5
(1.)
The Council may agree in writing with the owner or occupier of any premises to make advances to such owner or occupier for the purpose of enabling him to connect the premises with any main gas-pipe, or with any electric-light main, and to provide the necessary service-pipes, fittings, and meters.
(2.)
Such advances shall be repayable either in one amount at a fixed time or by instalments over a period agreed upon, with interest in either case at a rate not exceeding six per centum per annum.
(3.)
Such agreement may contain any incidental provisions, and may provide for the earlier payment of the advance or any instalment on terms to be mentioned in the agreement.
(4.)
Such agreement may, where the moneys are repayable in one amount, contain provision for securing the repayment thereof; and, where the moneys are repayable by instalments, each such instalment shall be recoverable as a rate.
(5.)
A separate book shall be kept by the collector of rates to the Council, in which particulars of such instalments (distinguishing capital from interest), of the works in respect whereof they are payable, of the dates for payment thereof, and of the names of persons paying the same shall be entered; and such book shall be prima facie evidence of the correctness of its contents.
(6.)
Capital moneys advanced by the Council under this section may, when repaid, be advanced to other owners or occupiers for the purposes aforesaid; and, subject thereto, all such capital moneys shall be applied in or towards the repayment of any special loan raised as hereinafter mentioned, either by payment into the sinking fund (if any) or in such other manner as the Council, with the consent of the Audit Office, approves.
(7.)
Interest moneys on any advances shall be applied in or towards payment of the annual charges in respect of the special loan aforesaid.
(8.)
For the purpose of raising funds out of which advances as aforesaid may be made the Council may borrow money by way of special loan under the Local Bodies’ Loans Act, 1913.
284 Saving of agreements. 1908, No. 124, sec. 277(2)
Nothing in this Part of this Act shall prejudicially affect any agreement existing between any Council and any person or corporation in respect of electric-light works.
285 Council may light and maintain public clocks. 1913, No. 62, sec. 37
The Council may expend money on lighting and maintaining any public clock in any public building.
Part XXVII Public Health and Convenience
General.
286 Powers of Council with respect to preservation of public health. 1908, No. 124, sec 279
The Council may do all things necessary from time to time for the preservation of the public health and convenience, and for carrying into effect the provisions of the Health Act, 1920, so far as they apply to boroughs.
287 Council may appoint Inspectors of Nuisances. Ibid., sec. 280
(1.)
The Council may from time to time appoint, and may remove and reappoint, one or more competent persons to be Inspector or Inspectors of Nuisances, and such other officers and servants as may be necessary for the due carrying-out of the provisions of this Part of this Act and of any by-laws made thereunder.
(2.)
Every person appointed under this section shall be paid such remuneration as the Council thinks fit.
288 Inspector to have warrant of appointment. Ibid., secs. 281, 282
(1.)
Every Inspector of Nuisances shall be appointed by warrant under the hand of the Mayor, and shall produce such warrant when so required by any person upon whose premises he enters in the course of his duty; and the Council shall publicly notify in the borough every appointment, resignation, or removal of any such Inspector.
(2.)
In the absence of the Mayor any two Councillors may, by direction of the Council, sign the warrant of appointment of any person as an Inspector of Nuisances, or sign any order requiring the owner or occupier of any land or buildings within the borough to clean and purify the same or to abate any nuisance therein or thereon.
(3.)
Where the case requires immediate attention the Mayor or any two Councillors may, without the direction of the Council, sign any such warrant or order; but the person or persons so signing shall report such case to the Council at its first meeting for confirmation.
289 Penalty for acting without warrant. 1908, No. 124, sec. 283
(1.)
Any person representing himself to be an Inspector of Nuisances, not having such warrant, or acting under such a warrant after he has ceased to hold such office, is liable to a fine not exceeding fifty pounds.
(2.)
The Council may from time to time define the duties and liabilities of Inspectors of Nuisances.
Nuisances.
290 General penalty in respect of nuisances. Ibid., sec. 284
(1.)
Any land, building, erection, water-closet, earth-closet, privy, cesspool, urinal, ashpit, dust-bin or receptacle for dust, rubbish, or refuse, or any natural stream, or any pool, ditch, gutter, or watercourse, or any sewer, culvert, or drain, or any accumulation or deposit situate or being within a borough, or any offensive matter used as manure and placed on any land in a borough, which is, or is in such a state as to be or become, a nuisance or injurious to health shall be deemed a “nuisance”
within the meaning of this section.
(2.)
Every person by whose act, default, or sufferance a nuisance arises or continues (whether such person is or is not the owner or occupier of the premises in respect of which such nuisance exists) is liable to a fine not exceeding twenty pounds; and if the person convicted can without trespass or other breach of the law abate such nuisance, then he is liable to a further fine not exceeding five pounds for every day or part of a day from and after such conviction during which such nuisance remains unabated.
(3.)
This section is in addition to all other powers and remedies in relation to nuisances given by this or any other Act or any by-laws.
291 Council may take proceedings for abatement of nuisances. Ibid., sec. 285
The Council may, if in its opinion summary proceedings would afford an inadequate remedy, cause any proceedings to be taken against any person in the Supreme Court to enforce the abatement or prohibition of any nuisance under this Act, or any by-law made thereunder, or for the recovery of any fines from or for the punishment of any persons offending against the provisions of this Act or any by-law made thereunder relating to nuisances, and may order the expenses of and incident to all such proceedings to be paid out of the District Fund.
292 Provisions of this Part of Act to be in addition to other remedies in respect of nuisances. Ibid., sec. 286
The provisions of this Part of this Act relating to nuisances shall be deemed to be in addition to and not to abridge or affect any right, remedy, or proceeding under any other provisions of this Act or under any other Act, or at law or in equity:
Provided that no person shall be punished for the same offence both under the provisions of this Act relating to nuisances and under any other law or enactment.
293 Application to Crown. Ibid., sec. 287
The provisions of this Act relating to nuisances shall apply to nuisances caused by the Government or any officer thereof.
Inspection of Milk and Dairies.
294 Governor-General may make regulations as to inspection of milk and dairies, &c. 1908, No. 124, sec. 288
The Governor-General may from time to time, by Order in Council gazetted, make such regulations as he thinks fit for the following purposes or any of them, and so that such regulations may either be of general application throughout all boroughs or apply to one or more boroughs only:—
(a.)
For the registration with the Council of all persons carrying on within the borough the trade of cow-keepers, dairymen, or purveyors of milk:
(b.)
For the appointment of Inspectors of Milk and of Dairies:
(c.)
For the inspection of cattle in dairies, and for prescribing and regulating the lighting, ventilation, cleansing, drainage, and water-supply of dairies and cow-sheds and yards in the occupation of persons following the trade of cow-keepers or dairymen, or used by them in connection with such occupation:
(d.)
For securing the cleanliness of milk-stores, milk-shops, and of milk-vessels used for containing milk for sale by such persons:
(e.)
For prescribing precautions to be taken for protecting milk against infection or contamination, and for prohibiting the sale of milk in cases where the public health would be likely to be endangered by such sale:
(f.)
For authorizing the Council to make by-laws for the purposes aforesaid, or any of them, subject to such conditions (if any) as the Governor-General in Council prescribes:
(g.)
For the purchase of land, erection of buildings, provision of plant, and the purchase of stock in connection with the supply of milk.
Baths and Washhouses.
295 Council may maintain public baths and washhouses. Ibid., sec. 289
(1.)
The Council may provide and maintain public baths and washhouses either within or without the borough, and may purchase or otherwise provide all such land, buildings, appliances, and conveniences as are necessary to enable the inhabitants of the borough to use and enjoy such baths and washhouses, with or without any charge for the same, and under such regulations for the decent and orderly use thereof, as the Council by any by-laws in that behalf from time to time directs.
(2.)
The Council shall cause to be put up in every such bath or washhouse a printed copy of the by-laws affecting the use thereof.
296 Public baths to be subject to by-laws. Ibid., sec. 290
All public baths or baths open to the public with or without charge now existing, or which may hereafter be established, within any borough, or within one mile of the boundaries thereof, whether by land or water measurement, shall be deemed to be within the jurisdiction of the Council for the purpose of making by-laws for the maintenance of order and decency at such baths, whether the same were or were not established by the Council.
Ruinous Buildings.
297 Council may require ruinous buildings to be removed. Ibid., sec. 292
(1.)
If any building in a borough is in a ruinous condition, so as to be dangerous to persons therein or in any adjoining building or to passers-by, the Council may exercise the powers contained in the Tenth Schedule hereto.
(2.)
The word “building”
in this section and in the said Schedule includes any part of a building, or anything affixed thereto, and also a wall or fence, whether forming part of a building or not.
Improvement of Insanitary Portions of Borough.
298 Powers of Council with respect to insanitary portions of borough. 1908, No. 124, sec. 293
(1.)
For the purpose of improving any part of a borough the Council may do all or any of the following acts, that is to say:—
(a.)
Take, under the provisions of the Public Works Act, 1908, or purchase any part or parts of the borough that in the opinion of the Council has or have become in an overcrowded, degraded, or insanitary condition:
(b.)
Pull down or alter buildings and erections, abolish streets, private streets, private ways, and other ways and passages erected, lying, or being in any part of the borough so taken or purchased:
(c.)
Lay out fresh streets, and also squares, open spaces, and recreation and other reserves, in the said part of the borough:
(d.)
Sell by public auction or public tender, after due public notice of such sale, any portions of the said part of the borough and any buildings and erections thereon:
(e.)
Exercise as to any portions of the said part of the borough, and any buildings or erections thereon, any general powers of leasing for the time being vested in the Council. In any lease of any such portion as aforesaid it may be stipulated (in addition to all other stipulations which may by law be inserted therein) that the lessee shall pull down, remove, or alter any existing building or erection within a time thereby limited; and every such lease shall contain generally such covenants, powers, and provisions as the Council thinks fit:
(f.)
Raise for all or any of the purposes of this section any special loan under the provisions of the Local Bodies’ Loans Act, 1913:
(g.)
Perform, do, or suffer any act, matter, or thing whatsoever for the furtherance of any of the objects or purposes of this section.
(2.)
The powers conferred by this section shall be exercised by the Council pursuant to a special order.
Preventing Overcrowding.
299 Provisions for prevention of overcrowding of buildings in borough. Ibid., sec. 294 1913, No. 62, sec. 35
(1.)
Every person who erects a new dwellinghouse in a borough shall provide at the side or in the rear thereof an open space exclusively belonging to such dwellinghouse and of an extent of not less than three hunched superficial feet.
(2.)
Such open space shall extend throughout the entire width, or, in the alternative, throughout the entire depth of the site, and shall be free from any erection thereon above the level of the ground, and shall be so maintained while the site is occupied by the dwellinghouse.
(3.)
The minimum distance across such open space from every part of the dwellinghouse, and from any part of any washhouse, shed, convenience, or other erection attached thereto, shall be as follows
(a.)
If the height of the dwellinghouse does not exceed fifteen feet Fifteen feet.
(b.)
If the height exceeds fifteen feet but does not exceed twenty-five feet. Twenty feet.
(c.)
If the height exceeds twenty-five feet but does not exceed thirty-five feet. Twenty-five feet.
(d.)
If the height exceeds thirty-five feet. Thirty feet.
(4.)
Notwithstanding anything in the last preceding subsection, if the site of a dwellinghouse abuts on two or more streets of not less than fifty feet each in width, or on a public reserve, then the minimum distance aforesaid shall be fifteen feet, irrespective of the height of the dwellinghouse.
(5.)
The height of a dwellinghouse shall, for the purposes of this section, be measured from the average level of the ground immediately adjoining the side or the rear of such dwellinghouse, as the case may be, to the level of half the vertical height of the roof or to the top of the parapet, whichever is the higher.
(6.)
Where any alteration or addition is made to any dwellinghouse (whether erected before the coming into operation of this Act or not) the open space attached to such dwellinghouse shall not be diminished by such alteration or addition so as to leave a lesser area than is required by this section to be provided.
(7.)
The erection of a dwellinghouse on vacant land or on a site previously occupied by any building, or the re-erection of any dwellinghouse pulled down to within one foot of the ground floor, or the conversion into a dwellinghouse of any building not originally constructed for human habitation, or the conversion into more than one dwellinghouse of a building originally constructed as one dwellinghouse only, or an addition to or raising of an existing dwellinghouse (so far as such addition or raising is concerned), shall be deemed to be the erection of a new dwellinghouse within the meaning of this section.
(8.)
The ground on which any dwellinghouse is erected, together with the whole curtilage thereof enclosed within the boundary fences, walls, or lines of the premises, shall be deemed to be the site of such dwellinghouse within the meaning of this section.
(9.)
For the purposes of this section, where the side boundaries of any site are not of the same length, the mean length of such side boundaries shall be taken as the depth of the site for the purpose of defining the distance across such open space.
(10.)
The provisions of this section shall be deemed to be complied with if the open space at the rear and side of any dwellinghouse is equal to one and one-half times the area hereinbefore required to be left at the side or in the rear of the dwellinghouse:
Provided that the minimum distance across the open space so provided shall be clear of all obstructions for not less than fifteen feet from every part of the dwellinghouse.
(11.)
This section shall not apply to any premises licensed under the Licensing Act, 1908, or to any other premises excluded from the operation of this section by the Council pursuant to by-laws in that behalf.
300 Illegal occupation of building. 1908, No. 124, sec. 296 1918, No. 22, sec. 8 1919, No. 28, sec. 8
(1.)
Every person who knowingly permits any building to be occupied in breach of the last preceding section, or of any by-law made thereunder, is liable to a fine not exceeding two pounds for every day during which such breach continues.
(2.)
Every dwellinghouse which is not in accordance with the provisions of the last preceding section shall be deemed to be unfit for occupation, and shall be dealt with under the Health Act, 1920, accordingly.
Deserted Houses.
301 Powers of Council with respect to deserted houses. 1908, No. 124. sec. 297
The Council, on being satisfied that any building in a borough is a deserted building, and is used, or has for the greater part of two months then past been used, as a disorderly house, or as a refuge for thieves or prostitutes, or to the annoyance of the neighbourhood, may, after giving the prescribed notices, cause such building to be pulled down, and may destroy, or sell and retain the proceeds of, the materials composing the same.
Part XXVIII Public Recreation and Instruction
302 Council may provide places of public recreation and instruction. Ibid., sec. 299 1913, No. 62, secs. 41, 42, 43
(1.)
In order to provide for the health, amusement, and instruction of the public the Council may—
(a.)
Purchase or otherwise provide land and buildings, within or without the borough, to be used as pleasure-grounds, gardens, zoological gardens, libraries, museums, music-halls, gymnasia, or for any other purpose of enjoyment or recreation:
(b.)
Lay out, improve, and plant any such land:
(c.)
Furnish any such buildings with books, and works of nature or art, and with all such things as the Council thinks fitting for such purposes:
(d.)
If it thinks fit, fix reasonable charges to be paid to the District Fund for the use of any such land or buildings, subject, however, in the case of a library to the following provisions, that is to say:—
(i.)
In the case of a library supported or partly supported by means of a rate, admission thereto shall be open to the public free of all charge; but
(ii.)
The Council may by by-law make charges for lending books out of any library under its control:
(e.)
Provide musical entertainments and cinematograph or similar exhibitions in any building owned by or leased to the Corporation of the borough, and may make such charges for admission thereto as it deems reasonable.
(2.)
In addition to the powers conferred by the foregoing provisions of this section, the Council may maintain or otherwise aid athenæums, mechanics’ or youths’ institutes, museums, and public libraries not conducted for the purpose of private profit, or may, with the consent of the trustees or other governing body, assume control of any such athenæum, institute, museum, or library, and acquire the property thereof; and such trustees and governing bodies are hereby authorized to give such consent and to transfer such property to the Corporation.
(3.)
The Council may from time to time, out of its general funds, pay to any person or persons such sums as it thinks fit for supplying musical entertainments and cinematograph or similar exhibitions in any of the pleasure-grounds, gardens, libraries, museums, music-halls, gymnasia, or buildings provided by the Council for the purpose of the enjoyment or recreation of the public.
303 Council may aid private institutions not conducted for profit. 1908, No. 124, sec. 300
The last preceding section is hereby extended to include any physical training-school, gymnasium, or trades hall not conducted for the purpose of private profit, also district and Plunket nurses and crèches; and the Council may maintain or otherwise aid any institution referred to in the said section or this section by money, or grant, or lease of land.
304 Surplus moneys appropriated for any reserve may be expended on other reserves. Ibid., sec. 301
Where any moneys are appropriated to the purposes of any recreation or other reserve, and there is a surplus of such moneys after defraying the cost of maintenance of such reserve and other charges and expenses in connection therewith, it shall be lawful for the Council to expend all or any part of such surplus for or towards the maintenance or otherwise for the benefit of some other reserve or reserves vested in the Corporation or under the management of the Council.
Part XXIX Planting
305 Council may expend moneys for tree-planting. Ibid., sec. 302
The Council shall have power to expend any portion of the District Fund in planting and tending trees, shrubs, or other plants on any lands not belonging to private owners, or in any manner for encouraging such planting.
Part XXX Agricultural and other Schools
306 Council may expend moneys for establishment and maintenance of agricultural schools. Ibid., sec. 303
The Council may from time to time apply any portion of the District Fund to the establishment and maintenance of agricultural schools, or model farms, or of technical or secondary schools, and to the purchase and construction of all necessary lands, buildings, machinery, apparatus, implements, live-stock, or other materials or things necessary or convenient to be used for or in connection therewith; and the establishment of such schools or farms shall for all purposes be deemed to be a public work.
Part XXXI Rifle Ranges
307 Council may maintain rifle ranges. Ibid., sec. 304
The Council may from time to time apply any portion of the District Fund to the establishment and maintenance of rifle ranges, with butts, targets, and all other necessary appliances, and may purchase or otherwise acquire or take any land necessary for the purpose.
Part XXXII Buildings for Public Meetings, etc
308 Buildings for public meetings to be licensed and inspected. Ibid., sec. 305
(1.)
It shall not be lawful to use any building within a borough for public meetings, or as assembly-rooms, or as a theatre or music-hall or dancing-hall, or as a stand on any racecourse, sports-ground, or show-ground, or for any public performances or public amusements whatever, whether a charge is made for admission thereto or not, except upon the conditions set out in the Eleventh Schedule hereto.
(2.)
This Part of this Act and also the said Eleventh Schedule shall apply to all buildings used for purposes of public worship, except that no license fee shall be payable in respect of any building exclusively used for such purposes.
(3.)
Nothing in the Eleventh Schedule hereto, so far as it relates to provision against fire, shall apply within any borough which is a fire district or part of a united fire district.
309 Entertainments proposed to be given on Sunday, Good Friday, or Christmas Day to be subject to approval by Council. 1908, No. 124, sec. 306 1910, No. 81, sec. 30
(1.)
No concert or entertainment of any kind which is open to the public, whether by the purchase of tickets or otherwise, shall be held or given on any Sunday, Good Friday, or Christmas Day without the written consent of the Council, and then only subject to such conditions in every respect as the Council may impose.
(2.)
The Council may exercise this power either generally or in any particular case or class of cases, and may delegate such power to any of its members.
310 Register of licensed buildings. 1908, No. 124, sec. 307
The Council shall cause a book to be kept in which shall be registered all buildings licensed as above provided, with all the particulars stated in the application for a license.
311 Inspection of licensed buildings. Ibid., sec. 308
The Surveyor or other officer appointed by the Council in that behalf may at all reasonable times enter and inspect any such licensed building.
312 Cancellation or suspension of license. Ibid., sec. 309
(1.)
Upon being satisfied that any licensed building has become insecure, or is being used in a disorderly manner so as to be obnoxious to the neighbouring inhabitants or to the public, or that it is being used for other purposes than those stated in the license, the Council may cancel or suspend such license either wholly or for such period as it thinks fit, and shall forthwith give notice to the licensee of such cancellation or suspension.
(2.)
If the licensee feels aggrieved at the cancellation or suspension of his license, he shall have the same right of appeal as is given in the said Eleventh Schedule to a person to whom a license is refused, and the Supreme Court shall have the power to revoke any such cancellation or suspension.
313 Penalty for using unlicensed building. Ibid., sec. 310
If any owner or occupier or person having the control of any such building uses it, or allows it to be used, for any of the purposes above mentioned, not having a license for the same, or during the time when such license is cancelled or suspended as above provided, he shall be liable to a fine not exceeding twenty pounds for every such offence.
314 “Building”
defined. Ibid., sec. 311
In this Part of this Act, and in the Eleventh Schedule hereto, the word “building”
includes any part of a building or any enclosure, ground, or premises whatsoever.
Part XXXIII Markets, Weighing-machines, and Public Services
315 Council may provide market-places. Ibid., sec. 312
The Council may provide market-places in the borough, and for such purpose may acquire land and erect thereon all such buildings and provide all such things as are necessary or convenient for holding markets thereon, and may make all convenient approaches thereto.
316 Council may fix market charges. Ibid., sec. 313
(1.)
The Council may by special order fix and may demand and receive tolls and dues from all persons exposing or offering for sale within any such market-place any property of any description whatsoever allowed by the Council to be sold therein; and may let, for such term not exceeding three years as it thinks fit, stalls or standing-places for goods or animals, and may receive stallages and rents for the same.
(2.)
All such moneys are herein called “market charges.”
317 Council may let market charges. 1908, No. 124, sec. 314
(1.)
The Council may let, for any period not exceeding three years, all or any of the market charges which it is hereby empowered to receive.
(2.)
The Council may from time to time alter the scale of market charges, but no change shall be made during the continuance of the lease thereof without the consent of the lessee.
318 Recovery of market charges. Ibid., sec. 315
(1.)
If any person neglects or refuses to pay any market charge on demand, the Council may cause such charge to be levied by distress and sale of the property in respect of which such charge is payable, or of any other property in the market belonging to or under the charge of the same person, in such manner as may be prescribed by by-laws.
(2.)
This provision shall not be deemed to affect any other remedy which the Council or any officer or lessee of the Council may have for the recovery of any such charge either under this Act or under any by-laws to be made thereunder.
319 Council may provide public weighing-machines. Ibid., sec. 316
(1.)
The Council may provide public weighing-machines either in a market-place or elsewhere or where no market is established, and may fix charges for the use of the same, which shall be included in the term “market charges”
in sections three hundred and sixteen to three hundred and eighteen hereof.
(2.)
Any person may require any vehicle, whether loaded or unloaded, to be weighed at a public weighing-machine.
320 Council may sell fuel. 1913, No. 62, sec. 26(1)
(1.)
The Council may purchase and sell coal, coke and other products obtained from coal, and firewood on such terms as it thinks fit.
321 Council may quarry and sell road-metal. Ibid., sec. 26(2)
The Council may quarry, purchase, and sell road-metal or other material for roadmaking on such terms as it thinks fit.
322 Governor-General may authorize Councils to engage in trade for purpose of carrying on certain public services. 1915, No. 69, sec. 13
(1.)
The Governor-General may from time to time, by Order in Council gazetted, make regulations authorizing and controlling—
(a.)
The establishment by Borough Councils of milk-stations for testing, treating, and distributing the milk-supply of the borough, and the carrying-on by Borough Councils of the business of a dealer in milk and milk-products and ice;
(b.)
The establishment, equipment, and maintenance by Borough Councils of refrigerating-chambers and chambers for the cool storage of articles of food of a perishable nature intended for human consumption;
(c.)
The purchase, equipment, and maintenance by Borough Councils of trawlers for the purpose of engaging in fishing, and the carrying-on by such Councils of the business of dealing in fish;
(d.)
The establishment, equipment, and maintenance by Borough Councils of bakeries, and the carrying-on by such Councils of the business of a baker; and
(e.)
The establishment, equipment, and maintenance by Borough Councils of brickmaking-works, and the carrying-on by such Councils of the business of a brickmaker:
(f.)
The establishment by Borough Councils of any other trading undertakings deemed by the Borough Council to be necessary or desirable in the interests of the citizens.
(2.)
Such regulations may apply generally to all Borough Councils or to any specified Borough Council.
(3.)
Any Borough Council may, in respect of any matter which by any such regulation it is authorized to undertake, make such by-laws and, with the approval of the Minister of Internal Affairs, fix such charges as it thinks fit.
Part XXXIV Noxious Plants
323 Council may expend moneys for eradication of noxious weeds. 1908, No. 124, sec. 317
The Council may from time to time contribute out of the District Fund such sum or sums of money as it deems necessary to expend for the purpose of eradicating or preventing the spread of any weed or plant which it has by special order declared to be noxious; and before enforcing, or concurrently with the enforcement of, any by-law made for such purpose the Council shall use all necessary means to eradicate such weed or plant from all streets, river-beds, reserves, and lands under the control of the Council.
Part XXXV Mining.
324 Governor-General may delegate to Council authority to expend public moneys for encouragement of mining. Ibid., sec. 318
(1.)
The Governor-General may from time to time, by Order in Council, delegate to the Council the expenditure of moneys appropriated by Parliament for expenditure in encouraging and assisting the prospecting for gold, or gold-mining operations, in any mining district or part of any mining district within the borough.
(2.)
In the expenditure of such moneys the Council shall conform to all such conditions and regulations as are prescribed in that behalf by Parliament or by the Governor-General in such delegation.
(3.)
When any such delegation has been made the Minister of Finance may, without further appropriation, pay over to the Council the amount payable in pursuance thereof.
325 Council may expend portion of goldfields revenues in aid of prospecting. Ibid, sec. 319
It shall be lawful for any Council having jurisdiction in a mining district to expend a portion of the revenues received by it from duty on gold or goldfields revenue in prospecting for diamonds, gold, silver, tin, coal, or other metals or minerals.
326 Water-races or sludge-channels may be disposed of or vested in Council. Ibid., sec. 320
The Governor-General may from time to time, by Order in Council, dispose of by public tender any water-races or sludge-channels vested in the Crown, or may vest in the Council any water-race or sludge-channel vested in the Crown, with all the revenues and other rights and benefits accruing from or annexed to the same, but so that every such water-race or sludge-channel shall continue to be liable to all conditions as to uses and otherwise howsoever as are declared and directed in that behalf by such Order.
Part XXXVI Harbour-Works and Navigation.
327 Powers of Council with respect to harbour-works to be exercised subject to Harbours Act. 1908, No. 124, sec. 321, 322, 323
(1.)
Where a borough is bounded on any side by the sea, or any harbour, arm, or creek thereof, or by any lake or river, or includes any part of any river, the Council may do the following things :—
(a.)
Erect and maintain quays, docks, piers, wharves, jetties, and harbour-works of any kind upon any land, and upon the foreshore or to such distance beyond low-water mark, as the Council thinks fit:
(b.)
Remove obstructions or impediments to navigation from the bed of the sea, or the banks or bed of any such lake or river, and execute and maintain works which in the opinion of the Council tend to improve the navigation thereof:
(c.)
Erect and maintain protective works to prevent the encroachment of the sea or of such river:
Provided that the Council shall exercise the powers hereby given only in accordance with and subject to the provisions of the Harbours Act, 1908.
(2.)
All wharves, jetties, and other works constructed under the authority herein contained shall be the property of the Corporation.
(3.)
Nothing in this section shall authorize the Council to construct such wharves or other works, or to levy any tolls, upon any land the property of any private person without the leave of such person; or, in any place where the foreshore is under the control of a Harbour Board or other lawful authority, without the leave of such Board or authority ; or, upon any land the property of the Crown, without the leave of the Governor-General; or to vest in the Corporation any part of the foreshore or other land not otherwise the property of such Corporation.
328 Construction or maintenance of boat haven. 1913, No. 62, sec. 38
The Council, out of the District Fund, may contribute to any Harbour Board for the construction or maintenance of any boat haven which would or may, in the opinion of the Council, be beneficial to the inhabitants of the borough.
Part XXXVII Workers’ Dwellings.
329 Interpretation. 1908, No. 124, sec. 325(1)
In this Part of this Act, if not inconsistent with the context,—
“Worker” includes every person, male or female, who is employed in work of any kind:
“Workers’ dwellings” includes lodginghouses as well as separate dwellinghouses. The expression also includes any land, not exceeding three acres, appurtenant to a dwelling.
330 Council may erect or purchase workers’ dwellings. Ibid., sec. 325(2)
(1.)
The Council may, on any land purchased, acquired, or appropriated by it for the purpose, either within the borough or adjacent thereto, erect, for occupation by workers employed or resident in the borough, any buildings suitable for workers’ dwellings, or may purchase or otherwise acquire any buildings with or without lands for such purpose, and may convert any buildings into workers’ dwellings, and may alter, enlarge, repair, and improve the same respectively, and fit up, furnish, and supply the same or any of them respectively with all requisite furniture, fittings, and conveniences.
(2.)
The Council may make by-laws in reference to the letting of workers’ dwellings.
(3.)
The Council shall manage and control every worker’s dwelling that it so fits up, furnishes, and supplies as aforesaid.
(4.)
The Council may make reasonable charges for the tenancy or occupation of the workers’ dwellings provided under this Part of this Act.
(5.)
It shall be obligatory on every Council that establishes any lodginghouse as a worker’s dwelling under this Part of this Act to make by-laws for the management and control thereof by the Council, and for the observance of proper conduct therein.
(6.)
The acquiring of land and erection of workers’ dwellings for the purposes of this Part of this Act shall be deemed a public work within the meaning of the Public Works Act, 1908.
331 Additional powers of Council with respect to workers’ dwellings. 1913, No. 62, sec. 52 1915, No. 78. sec. 9
(1.)
In addition to the powers conferred on Councils by the last preceding section a Council may—
(a.)
Let to a worker, for the purpose of a worker’s dwelling, any land (not being land reserved for or held upon trust for purposes of recreation) which it is empowered to lease for any purpose for a term exceeding twenty-one years; and may either itself erect a worker’s dwelling thereon, or may lend money to the lessee to enable him to erect a worker’s dwelling thereon, and may provide for the repayment of any such loan, with interest, by instalments as hereinafter mentioned. Any such lease may be granted on any of the tenancies authorized by section five of the Public Bodies’ Leases Act, 1908. If such lease is granted on the terms mentioned in the First or in the Second Schedule to that Act, then to the extent to which the worker’s dwelling has been paid for by the lessee (whether out of his own moneys or by repayments by instalments of the loan-moneys) the worker’s dwelling shall be deemed an improvement effected by the lessee during his tenancy:
(b.)
Advance money to a worker to enable him to erect a worker’s dwelling on any land of which he is the owner, or to acquire land and erect a worker’s dwelling thereon, and may provide for the repayment of the advance with interest by instalments:
(c.)
Sell to a worker any separate worker’s dwelling on such terms as the Council thinks fit, and, in particular, may provide for the payment of the purchase-money (after deducting the amount of any deposit paid by the purchaser) with interest by instalments.
(2.)
In any case mentioned in this section where money is advanced to a worker, or any purchase-money is unpaid, interest shall be paid at a rate not exceeding five and a half per centum per annum.
(3.)
In any case mentioned in this section where provision is made for the repayment of any advance, or for the payment of any purchase-money by instalments, such instalments may be made weekly, fortnightly, or monthly, as may be arranged, for a period of twenty-five years and a half.
(4.)
Every weekly or other instalment made as aforesaid shall consist partly of principal and partly of interest, and the amount of principal and interest respectively paid during each period of six months shall be calculated according to such scale or scales as may from time to time be prescribed by the Governor-General by Order in Council.
332 Leases to employees of Council may be by private contract.
Any lease under either of the two last preceding sections by the Council to any employee of the Council may be disposed of by private contract in lieu of public auction or public tender as required by section one hundred and fifty-five of this Act.
333 Council may raise loan for workers’ dwellings without taking poll of ratepayers. 1913, No. 62, sec. 53 1919, No. 32, sec. 52
The Council may, by special order and without taking the steps prescribed by sections eight to twelve of the Local Bodies’ Loans Act, 1913, raise a special loan for any of the purposes mentioned in this Part of this Act.
Part XXXVIII Town Hall and Public Offices.
334 Council to maintain public offices. 1908, No. 124, sec. 62
The Council may from time to time provide and maintain town halls and public offices within its district, with fitting furniture for the same respectively, for holding the meetings and transacting the business of the Council, and for the use of its officers, and for holding public meetings and for other purposes, and may purchase or rent land or buildings for such purpose, or may cause buildings to be erected on any land belonging to or leased by the Council, and may cause any such building to be added to or improved.
Part XXXIX Subdivision of Land.
335 Restrictions on subdivisions of land within boroughs.
(1.)
Where any person holding any land in a borough proposes to subdivide the same for purposes of sale or lease, or other disposal, a plan of subdivision showing the several allotments and their dimensions, and the streets and reserves, if any, proposed to be made, shall be prepared by a licensed surveyor, and approved by the Council, before any part of the land is so disposed of or is advertised or offered for disposition.
(2.)
In any such case the Council may, before approving any plan of subdivision, require the owner to make further provision for the construction of streets, or the making of reserves, or may require such other alterations of the plan as it thinks proper.
(3.)
Any person aggrieved by the decision of the Council under this section may appeal in the prescribed manner to a Board, to be appointed in that behalf by the Govenor-General.
(4.)
The said Board shall consist of a Magistrate and two other persons, one of whom shall be nominated by the Council and one by the appellant.
(5.)
On any such appeal the decision of not less than two members of the Board shall be the decision of the Board, and the decision of the Board shall be final.
(6.)
Every person who disposes of any land to which this section applies or advertises or offers for disposition any such land otherwise than in accordance with a plan of subdivision approved by the Council, or, in case of an appeal, in accordance with a plan of subdivision approved by the Board under this section, commits an offence, and is liable on summary conviction to a fine of one hundred pounds.
(7.)
In no case shall the plans of any land to which this section relates be deposited under the Land Transfer Act, 1915, or the Deeds Registration Act, 1908, nor shall the transfer of any allotment or subdivision of any such land be registered under either of those Acts unless the plan has been duly approved under this section.
(8.)
Nothing in this section shall apply to land to which section three of the Wellington City Empowering Act, 1917, applies.
(9.)
This section shall come into operation on the first day of January, nineteen hundred and twenty-two.
DIVISION VII PRIVATE WORKS.
Part XL General Provisions as to Private Works.
336 Order for execution of private works. 1908, No. 124, sec. 326
Whenever by or under this Act power is given to the Council to order or require any person, not being an officer of the Council, to execute or do any work or thing, such power may be exercised by a resolution of the Council, followed by an order or notice authenticated and served as provided in sections three hundred and seventy-two and three hundred and seventy-three hereof.
337 Occupier when so required to disclose name of owner. Ibid., sec. 327
(1.)
If the occupier of any premises, when requested by any officer of the Council to state the name and address of the owner of such premises, or the agent of the owner, refuses or wilfully omits to disclose or wilfully misstates the same, he is liable to a fine not exceeding five pounds.
Occupier not to obstruct owner in carrying out works.
(2.)
If the occupier of any premises refuses or neglects to allow the owner thereof to carry into effect with respect to such premises any provisions of or under this Act, he is liable to a fine not exceeding five pounds for every day during the continuance of such refusal or neglect; and the owner shall not be liable to any fine to which he might otherwise have become liable by reason of his default during the period proved by such owner of such refusal or neglect by the occupier.
338 Occupier may act if owner of premises makes default. Ibid., sec. 328
(1.)
Where default is made by the owner of any premises in the execution of any work required to be executed by him by or under this Act, the occupier of such premises may, with the approval of the Council, cause such work to be executed.
(2.)
In such case, and in any case in which any occupier is compelled to do any work or pay any money which ought primarily to be done or paid by the owner, the expense of such work or the money so paid shall be repaid to such occupier by the owner ; and such occupier may deduct the amount of such expense, or the money so paid, out of the rent from time to time becoming due from him to such owner.
339 Council may agree with owners to execute drainage and other works on private lands. Ibid., sec. 329
(1.)
It shall be lawful for the Council, by agreement with and at the expense of the owner or occupier of any premises within the borough, to execute on or in connection with such premises any works in respect of the drainage or sanitation thereof, or the supply thereof with water, gas, or electricity, or any other works which the owner or occupier may be desirous of having executed or may be required to execute by or under this Act.
(2.)
To the cost of the execution of any works by the Council under this section there may be added such amount, not exceeding five per centum thereof, as the Council thinks fit, for supervision, and such amount may be recoverable from the owner or occupier accordingly.
340 Council may execute works on default by owner or occupier. 1908, No. 124, sec. 330
(1.)
Where by or under this Act any owner or occupier of private premises or other person is liable to execute, provide, or do any works, materials, or things on or in connection with any premises or otherwise, and—
(a.)
Such owner or occupier, after notice requiring him so to do, makes default in commencing to comply with such notice within the time specified in such notice in that behalf, or if no such time is specified, then within a reasonable time; or
(b.)
If the work is certified in writing by any officer of the Council to be of an urgent nature, and the contents of such certificate have been communicated to such owner or occupier, then if such default is made for twenty-four hours from the time of such communication; and
(c.)
If in either case such owner or occupier does not thenceforth proceed with such work with all reasonable expedition—
then the Council may, if it thinks fit, itself execute, provide, or do such works, materials, and things, and recover from such owner or occupier in any Court of competent jurisdiction the cost thereof, together with a sum equal to five per centum of such cost for supervision, with interest thereon at six per centum per annum.
(2.)
Such cost and interest shall, until payment thereof, be a charge upon the said premises.
341 Recovery of cost of works by Council. Ibid., secs. 331, 332
(1.)
Whenever the default of any person in doing any act is by or under this Act made an offence, and the Council or any officer of the Council is authorized to do such act in default of such person doing the same, the Council may recover the cost thereof from such person so making default.
(2.)
Whenever the Council has incurred any expenses on or in connection with any unoccupied land or premises which the owner is by or under this Act liable to repay to the Council, and such owner is unknown, or not known to be within New Zealand, such cost, with five per centum thereof for supervision, may be recovered by the Council in the same way in all respects as unpaid rates in respect of such land or premises may be recovered.
342 Registration of charges against private property. 1913, No. 62, sec. 39
(1.)
Where any moneys paid or expended by the Council in respect of or in relation to any private property are by any Act made a charge upon that property the Council may, within six months from the time when the amount has been ascertained, cause a notice of such charge under the hand of the Town Clerk to be registered against the title to such property, whether under the Land Transfer Act, 1915, or not.
(2.)
Every notice under this section shall be accepted for registration by the District Land Registrar or other proper officer.
(3.)
On full satisfaction of such charge the Council shall register a notice of such satisfaction.
(4.)
The omission to register any such notice of charge shall not affect the liability of the person originally liable to pay the amount or the rights of the Corporation under such charge as against him.
DIVISION VIII SUBSIDIARY AND INCIDENTAL PROVISIONS.
Part XLI Offences.
343 Obstruction of Council or officer. 1908, No. 124, sec 333
(1.)
Every person is liable to a fine not exceeding ten pounds who wilfully does, or incites any other person to do, any of the following things:—
(a.)
Prevents the Council, or any member or officer thereof, or other person duly authorized or employed for the purpose of carrying out any provision of or under this Act, from carrying out any such provision ; or
(b.)
Obstructs or impedes the Council or any such person in carrying out any such provision.
(2.)
Every person is liable to a fine not exceeding five pounds who wilfully destroys, removes, pulls down, injures, or defaces any board, placard, or notice set up or made or published under this Act, or incites any other person so to do.
344 Wilful damage to drainage-works or waterworks. Ibid., sec. 334
Every person who wilfully and maliciously destroys, damages, stops, or obstructs—
(a.)
Any public or private drain or covered watercourse or other drainage-work; or
(b.)
Any protective work ; or
(c.)
Any waterworks—
is liable on conviction to imprisonment for any term not exceeding three years with or without hard labour, or to such fine not exceeding five hundred pounds, as the Court may impose.
345 Wilful damage to other works or property. Ibid., sec. 335
Every person who wilfully destroys, injures, damages, stops, obstructs, or otherwise interferes with anything forming part of or connected with any other works or property vested in or under the control of the Council is liable to a fine not exceeding fifty pounds.
346 Default in compliance with Act, or direction given pursuant to Act. Ibid., sec. 336
(1.)
Where by or under this Act any act is directed to be done or is forbidden to be done, or any authority is given to any Council or any officer thereof to direct any act to be done or to forbid any act to be done, and the act so directed to be done remains undone, or the act so forbidden to be done is done, in every such case the person making default as to such direction or prohibition shall be deemed guilty of an offence against this Act.
(2.)
Every person guilty of an offence against this Act for which no penalty is specifically provided elsewhere than in this section is liable for every such offence to a fine not exceeding twenty pounds.
(3.)
No provision of this Act, or of any regulation or by-law under this Act, making any act or default an offence, or rendering any person liable to a fine or other punishment in respect of any act or default, shall be deemed to repeal or in any way affect any provision of any other Act under which such act or default may also be an offence or any person may be liable to the same or any other penalty or punishment.
(4.)
Any person doing any act or making any default as aforesaid may be proceeded against either under this Act or the by-law or regulation under this Act, or under such other Act, but no person shall be punished both under this Act, or a by-law or regulation under this Act, and also under such other Act in respect of the same act or default.
Part XLII Legal Proceedings.
347 Judges and Justices not disqualified as being ratepayers. 1908, No. 124, sec. 337
No Judge, Magistrate, or Justice shall be deemed to be interested in any case in which he is acting judicially solely on the ground that he is a ratepayer.
348 Representation of Council in proceedings in Magistrate’s Court, &c. Ibid., sec. 338
(1.)
In all proceedings in which the Council is concerned under any Rating Act or under any Act in relation to bankrupts, and in all proceedings in a Magistrate’s Court or before any Justice, the Mayor, or any Councillor appointed for the purpose by resolution of the Council, or the Town Clerk, or any other officer of the Council appointed by the Mayor in writing under his hand, may represent and may act on behalf of the Council.
(2.)
Such Mayor, Councillor, Clerk, or other officer shall be reimbursed out of the District Fund all damages, costs, charges, and expenses incurred by him by reason of anything contained in this section.
349 Service of legal proceedings on Council. Ibid., sec. 339
Any summons, writ, or other legal proceeding requiring to be served on the Corporation or Council may be served by being left at the public office of the Council or given personally to the Mayor or Town Clerk.
350 Valuation roll to be evidence of ownership. Ibid., sec. 340
In the course of any legal proceedings instituted for enforcing any provision of this Act, or of any regulation or by-law thereunder, the production of the valuation roll for the time being in force shall be evidence that any person named and described therein as the owner of any property was at the time of the making of such valuation roll, and thenceforth has continued to be, and still is, the owner of the same property, unless the contrary is proved.
351 Recovery of fines. Ibid., sec. 341
(1.)
All fines imposed by or under this Act may be recovered in a summary manner under the Justices of the Peace Act, 1908, unless the contrary is expressed, or power is given to award imprisonment for a longer term than can be awarded by Justices under that Act.
(2.)
Where any order is made under this Act by any Magistrate or Justices directing the execution of any work or the doing of any act (other than the payment of a fine) and no punishment for disobedience to such order is otherwise provided by this Act, every person disobeying such order shall be liable to a fine not exceeding five pounds for every day during which such disobedience continues.
352 Recovery of debts. Ibid., sec. 342
All sums payable by any person to the Corporation or Council in respect of any works, materials, or things executed, provided, or done by the Council may be recovered in any Court of competent jurisdiction.
353 Notice to be given to Council of proposed actions. Ibid., see. 343
(1.)
No action or proceeding shall lie against the Corporation or Council, or any member or officer of the Council or of any committee appointed by the Council, or 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 whatever, 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 plaintiff or prosecutor to the intended defendant one month at least before the commencement of the action or proceeding.
(2.)
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 a continuation of damage, within three months next after the doing of such damage has ceased, and not afterwards.
(3.)
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.
(4.)
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.
(5.)
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 this notice.
(6.)
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; whereupon such proceeding 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.
(7.)
In cases of injury to the person the person injured shall permit himself to be examined by any medical practitioner appointed by the Council, 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 Council or the Mayor.
(8.)
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.
Part XLIII By-laws.
354 Subject-matter of by-laws. 1908, No. 124, secs 344, 345 1910, No. 81, sec. 31 1913, No. 62, secs. 40, 45, 46
The Council may from time to time make such by-laws as it thinks fit for all or any of the following purposes:—
(1.)
The good rule and government of the borough:
(2.)
The more effectually carrying-out of any of the objects of this Act:
(3.)
Regulating any of the subject-matters of this Act:
(4.)
Regulating, controlling, or prohibiting any act, matter, or thing usually the subject of municipal regulation, control, or prohibition:
(5.)
Regulating, controlling, or prohibiting any act, matter, or thing in relation to any subject-matter to be prescribed in that behalf by regulations made under this Act:
(6.)
Protecting any property belonging to the Corporation, or controlled by the Council, from damage or injury:
(7.)
Prescribing the terms and provisions of leases, and the classes of buildings and improvements for which any compensation or allowance shall be made under any lease:
(8.)
Conserving public health, safety, and convenience, and preventing and abating nuisances:
(9.)
Regulating, controlling, or prohibiting exceptional or heavy traffic on streets, and prescribing payments in respect of such traffic:
(10.)
Regulating, either in proportion to the weight of load or the number of animals employed, the width of the tires of wheels which shall be used by all vehicles, whether plying for hire or not, within the borough:
(11.)
Regulating the weight of any engine, agricultural or other machine, or vehicle of any kind, and the weight of any load or material of any kind, which shall be permitted to cross any bridge within the borough:
(12.)
Regulating the pace, mode or manner, and times at which any horses, cattle, engines, agricultural or other machines, or vehicles shall cross or be driven, led, or taken over any bridge within the borough:
(13.)
Regulating the times when and the route by which traction-engines may be allowed to pass along the streets within the borough:
(14.)
Prescribing the route by which and the times when loose horses, cattle, sheep, pigs, or other animals may be driven along the streets within the borough:
(15.)
Regulating, controlling, or prohibiting the display or continuance of the display, upon or over public buildings or bridges, or upon or over buildings, walls, fences, lamp-posts, pavements, or hoardings, situated in or upon or adjoining any land or street the property of the Corporation or under the control of the Council, or the display in any manner so that it shall be visible from any such street or public place, of posters, placards, handbills, writings, pictures, or devices for advertising or other purposes:
(16.)
Prohibiting the erection of any fence composed wholly or partly of barbed wire within the borough or within such portions thereof as are specified in any by-law:
(17.)
Regulating the use of any reserve, cemetery, recreation-ground or other land, and any public building or public place vested in the Corporation or under the control of the Council, and whether situate within or beyond the borough:
(18.)
Concerning streets and the use thereof, and the construction of anything upon, over, or under a street:
(19.)
Concerning the construction and repair of buildings:
(20.)
Prohibiting the bringing of second-hand timber into the borough from any other district without the consent of the Council.
(21.)
Regulating drainage and sanitation:
(22.)
Regulating or prohibiting the erection of buildings not having a frontage to a public or private street, and preventing the overcrowding of land with buildings:
(23.)
Prescribing the minimum frontage and area of an allotment of land on which a dwellinghouse may be erected in the borough or any specified part thereof:
Provided that nothing in this paragraph shall apply to any allotment of land shown on a plan of subdivision deposited at any Lands or Deeds Registration Office or approved by the local authority prior to the passing of the Municipal Corporations Amendment Act, 1910:
(24.)
Defining, licensing, and controlling common lodginghouses and billiard-rooms and public baths:
(25.)
Licensing, inspecting, and regulating boardinghouses (not being houses for which publicans’ licenses are held) in which persons are lodged for hire for a single night or for less than one week at one time, or any part of which is let for any term less than a week at one time:
(26.)
Regulating the sale of all articles of human food of a perishable nature:
(27.)
Regulating bathing:
(28.)
Preventing danger from fire, and requiring owners of buildings to provide such fire-escapes as shall be deemed necessary:
(29.)
The storage of dangerous goods:
(30.)
The inspection of any land, building, or premises for any purpose of this Act:
(31.)
Providing that no person shall supply milk in the borough without a license from the Council:
(32.)
The inspection of cattle in dairies, and prescribing and regulating the inspection, lighting, ventilation, cleansing, drainage, and water-supply of dairies and cow-sheds and yards in the occupation of persons following the trade of cow-keepers or dairymen, or used by them in connection with such occupation, whether within or without the borough, if the milk is supplied from such dairies for the consumption of persons within the borough:
(33.)
The licensing of refreshment-rooms:
(34.)
Defining and licensing and regulating the conduct of carriers of persons and goods for hire, and hawkers, pedlars, itinerant purchasers of household refuse, keepers of coffee and other stalls, porters, criers and bellringers, and boatmen:
(35.)
For defining and licensing itinerant traders (not being hawkers or pedlars), and imposing a license fee not exceeding five pounds:
Provided that such fee shall be refunded if the licensee remains continuously in business in the borough for six months:
(36.)
For permitting hawkers, pedlars, and keepers of stalls to occupy stands in such streets and public places as the Council thinks fit:
(37.)
Subject to the provisions of the Public Works Amendment Act, 1911, or of any other Act relating to electric wires, licensing persons to set up and remove electric wires for whatever purpose used or intended to be used, and to repair, renew, or otherwise interfere with electric wires when set up as a part of any installation, and prohibiting unlicensed persons from acting as herein described:
(38.)
Licensing sports-grounds or other lands (whether privately owned or not) on which large numbers of persons are likely to assemble, and for requiring sufficient modes of ingress thereto and egress therefrom to be provided and maintained, and for preserving good order therein:
(39.)
Regulating or licensing the keeping within the borough of any animals, reptiles, or birds, and prohibiting the keeping thereof if the existence or keeping thereof within the borough is, or in the opinion of the Council is likely to become, a nuisance or injurious to health. Any such by-law may apply in respect of animals, reptiles, or birds within the borough at the time of the making of such by-law.
(40.)
Prohibiting the burial of animals within the borough, and in the case of a Council possessing a digester or destructor, prescribing that any animals dying within the borough shall be removed to such digester or destructor for destruction.
(41.)
Prohibiting or regulating the deposit or accumulation on any vacant land within the borough of refuse or rubbish of any description, including waste paper, shavings, filth, dirt, tins, or iron:
(42.)
Requiring any allotment to be fenced along its line of frontage to any street, and to be kept clear of noxious weeds.
355 Extended operation of heavy-traffic licenses.
The Council may from time to time make such by-laws as it thinks fit for all or any of the following purposes:—
(1.)
The Governor-General may, by Order in Council made on the application of any Council, direct that heavy-traffic licenses granted under by-laws made pursuant to the provisions of paragraph (9) of the last preceding section or the corresponding provisions of the Municipal Corporations Act, 1908, shall extend and be available within the district of every local authority any part of which is within five miles of any part of the boundary of the city or borough, and the fees payable in respect of those licenses shall be apportioned among the several local authorities within whose district the license is so available.
1913, No. 62, sec. 44
(2.)
Such apportionment shall be made by agreement among the local authorities concerned, or, in default of agreement, by order of a Magistrate on the application of any of those local authorities.
(3.)
Such agreement or order shall continue in force until terminated by a fresh agreement or order made after six months’ notice has been given by any of the said local authorities to terminate the same.
(4.)
All agreements or orders entered into or made under section thirty-six of the Municipal Corporations Amendment Act, 1910, and subsisting on the commencement of this Act shall be deemed to have been entered into or made under this section.
Compare: 1910, No 81, sec. 36
356 By-laws as to billiard-rooms and common lodginghouses. 1910, No. 81, sec. 32 1913, No. 62, sec. 46
(1.)
The Council, in considering any application for a billiard- room license, may take into account the question whether the locality in which the proposed billiard-room is situated is suitable, and may, if it considers it undesirable that a billiard-room license should be granted within that locality, refuse to grant such license.
(2.)
The Council may refuse to issue a license for a common lodginghouse or billiard-room if it is satisfied that the applicant is not a person of good character; but before refusing a license on this ground the Council shall give to the applicant an opportunity to be heard before a Committee of the Council.
357 General provisions as to by-laws. 1908, No. 124, sec. 346
With respect to by-laws under this Act the following provisions shall apply:—
(a.)
A by-law may require any works or things to be executed or done of materials within a time or in a manner to be directed or approved in any particular case by the Council or any officer thereof, or other person.
(b.)
A by-law may leave any matter or thing to be determined, applied, dispensed with, prohibited, or regulated by the Council from time to time by resolution, either generally or for any classes of cases, or in any particular case.
(c.)
A by-law may provide for the licensing of persons and property and for the payment of reasonable license fees, and may require sanitary and other works to be executed only by qualified and licensed persons.
(d.)
A by-law may provide for the payment of reasonable fees for inspections and other services.
(e.)
By-laws regulating fares and charges in connection with licensed vehicles may be framed so as to operate within a radius of ten miles from the principal post-office in the borough.
(f.)
By-laws may apply to any land, building, structure, reserve, cemetery, public works, or other property vested in the Corporation or controlled by the Council, although situated beyond the borough.
(g.)
A by-law shall not be deemed invalid merely because it deals with a subject dealt with by the general law.
(h.)
A by-law may apply to part only of the borough.
358 Limitations affecting by-laws Ibid., sec. 347
The powers of making and enforcing by-laws shall be subject to the following limitations and provisions :—
(a.)
A by-law shall not be valid if manifestly repugnant to the laws of New Zealand or the provisions of this Act.
(b.)
A vehicle license taken out under a by-law in the borough within which the vehicle mostly plies shall suffice within five miles therefrom.
(c.)
Where two or more boroughs or where a borough and some other district are wholly or partly situate within five miles of one another, and are not separated by a navigable river, harbour, or arm of the sea, the several local authorities may agree that one of them shall collect the license fees for vehicles and drivers plying in any of the said districts; and the local authority so agreed on, after deducting ten per centum of the amount so collected to cover the cost of collection and supervision, shall distribute the residue rateably between the said districts in the proportion that the population of each bears to the total population of all.
(d.)
The license fee for a hawker or pedlar who sells only perishable articles of human food shall not exceed ten shillings a year, and in the case of any other hawker or pedlar shall not exceed one pound a year.
(e.)
No by-law shall be valid if a breach thereof would involve a breach only of some religious or moral rule.
359 Procedure as to making of by-laws. 1908, No. 124, secs. 344, 348
(1.)
By-laws shall be made only in the manner and subject to the conditions following:—
(a.)
They shall be made only by special order:
Provided that in publicly notifying the resolution making such order it shall not be necessary to set forth the whole of the proposed by-law if the object or purport of the same is stated, and if a copy of the proposed by-law is deposited at the office of the Council or at some other place in the borough which shall be specified in the notification, and is open to the inspection of the public during office hours for at least seven days immediately preceding the meeting at which the said resolution is to be confirmed:
(b.)
They may be amended before confirmation of the special order making the same:
(c.)
They shall have the common seal of the Corporation affixed thereto:
(d.)
They shall come into force on a day to be fixed at the meeting last aforesaid, which day shall not be earlier than seven clear days after the date of such meeting.
(2.)
Any by-law may in like manner be altered or revoked.
360 Penalty for breach of by-laws. Ibid., sec. 349
(1.)
Every person guilty of a breach of any by-law made under this Act is liable to a fine not exceeding twenty pounds; or where the breach is a continuing one, then to a fine not exceeding five pounds for every day or part of a day during which such breach continues.
(2.)
The Council may, after conviction for the continuing breach of any by-law, apply to the Supreme Court for an injunction to restrain the further continuance of such breach by the person so convicted.
(3.)
The continued existence of any work or thing in a state contrary to any by-law shall be deemed a continuing offence within the meaning of this section.
361 Removal of works executed contrary to by-laws. Ibid., sec. 350
(1.)
A by-law may authorize the Council, or any officer thereof, to pull down, remove, or alter any work, material, or thing erected or being in contravention of any by-law, and to recover from the person committing the breach all expenses incurred by the Council in connection with such pulling-down, removal, or alteration.
(2.)
The exercise of this authority shall not relieve such person from liability to any penalty incurred by reason of such breach.
362 Proof of by-laws. Ibid., sec. 351
(1.)
The production of any document purporting to be a printed copy of any by-law made in whole or in part under the authority of this Act, and to be sealed with the common seal of the Corporation, shall, until the contrary is shown, be sufficient evidence of such by-law having been duly made, and that the same duly came into force on the day mentioned in that behalf in such copy of the by-law.
363 Model by-laws. 1908, No. 124, sec. 352
The Governor-General may, by Order in Council gazetted, prescribe model forms of by-laws under this Act, and such forms may be adopted in whole or in part by any Council by by-law in that behalf, but shall have no operation except as so adopted.
364 Council to provide printed copies of by-laws. Ibid., sec. 354
The Council shall cause printed copies of all by-laws to be kept at the office of the Council, and to be sold at a reasonable charge to any elector applying for the same.
365 Liability for breach of by-law not to relieve from other liability. Ibid., sec. 355
Nothing in this Part of this Act or in any by-law made thereunder shall be deemed to relieve any person from any penalty or action to which he would otherwise be liable in respect of anything done by him in breach of any such by-law.
366 Saving of existing by-laws. Ibid., sec. 356
(1.)
All by-laws, rules, and regulations in force in any borough on the coming into operation of this Act shall, so far as not inconsistent with this Act, be in force within such borough until superseded by by-laws made under this Act, and shall be as valid and effectual as if made under this Act, and may be proved and enforced in manner herein provided.
(2.)
This section shall extend and apply to the case of any by-laws or regulations made by the Council in reference to any cemetery, or reserve, or recreation-ground, or waterworks, or other land or work controlled by the Council but situated outside the limits of the borough.
367 Area added to borough to become subject to by-laws of borough. Ibid., sec. 357
(1.)
Whenever, after the constitution of a borough under this Act, any area becomes, by reason of any alteration of boundaries or otherwise, part of such borough, such area shall thenceforth be subject to the by-laws, rules, and regulations then in force in such borough to the exclusion of those in force in the district or special district from which it was severed.
368 Operation of by-laws in case of union of boroughs. Ibid., sec. 358
(1.)
All by-laws in force in any of the several boroughs at the time of the union of any boroughs which are applicable to the altered circumstances shall become by-laws of the united borough, and may be revoked or altered by the Council of the united borough, but until so revoked or altered every such by-law shall remain in force in the area only in which it was in force prior to such union; and every by-law which cannot be restricted to any particular area shall be deemed inapplicable, and all by-laws which are inapplicable to the altered circumstances shall be deemed to have been revoked by such union.
Part XLIV Statistics.
369 Returns to be furnished by Council on request of Government Statistician. Ibid., sec. 359. 1910, No. 64, sec. 26
(1.)
The Council shall, as often as may be required by the Government Statistician, not being more than once in each year, furnish to the Government Statistician such statistics and returns relating to the borough, and on such forms, in such manner, and within such time as the Governor-General directs.
(2.)
All persons shall, on application duly made, supply correct information to the best of their knowledge and belief to the persons employed to collect such statistics and returns ; and every person who, after demand made, refuses or neglects to supply such information, or knowingly supplies false information, is liable to a fine not exceeding twenty pounds.
370 Penalty for unauthorized disclosure of information. 1908, No. 124, sec. 360
If any person so employed to collect and furnish statistics and returns divulges or makes extracts from the information so received, except under the direction and by the authority of the Government Statistician, such person is liable to a fine not exceeding twenty pounds for every such offence.
371 Returns to be forwarded by post free of charge. Ibid., sec. 361
Every letter or packet, and every telegraphic message, addressed to the Government Statistician, and marked on the outside “Statistics,”
shall be forwarded by post to such address free of charge.
Part XLV Miscellaneous.
372 Authentication of documents by Council. Ibid., sec. 362
Every order, notice, or other such document requiring authentication by the Council may, unless otherwise provided, be signed by any two Councillors or by the Town Clerk, and need not be under seal.
373 Services of notices, &c. Ibid., sec. 363
(1.)
In any case in which it is provided by this Act that an order may be made upon or notice given to any person requiring him to do or abstain from doing anything, or any notice is required by this Act to be given or sent to any person, such order or notice shall be delivered to such person, and may be delivered to him either personally or by sending the same to the last known place of abode or business of such person by messenger or by post.
(2.)
If such person is absent from New Zealand the order or notice may be sent to his agent instead of to such person in any manner mentioned in the last preceding subsection.
(3.)
If such person is not known, or is absent from New Zealand and has no known agent in New Zealand, and the order or notice relates to any land or building, the order or notice, addressed to the owner or occupier of such land or building, as the case may require, may be served on the occupier thereof, or left with some inmate of his abode; or, if there is no occupier, may be put up on some conspicuous part of such land or building. It shall not be necessary in any such notice to name the occupier or owner of such land or building.
(4.)
When the owner of any such land or building and his residence are known to the Council it shall be the duty of the Council, if such owner is residing within the borough, to cause every order or notice required to be given to the owner to be served on such owner, or left with some inmate of his abode ; and, if such owner is not resident within the borough, the Council shall send every such order or notice by post addressed to the residence of such owner.
(5.)
A notice required to be sent to a Council must be sent to the public office of such Council.
(6.)
Every order or notice required to be sent by the Council shall be signed as provided in the last preceding section.
(7.)
Where an order or notice is sent by post it must be sent so as to arrive in the due course of post on or before the latest time on which such order or notice is required to be served.
374 Resignations from office. Ibid., sec. 364
Any person may resign any office held by him under this Act, but every such resignation must be in writing signed by the person resigning and delivered to the Mayor or Town Clerk.
375 Mayor compellable to give information. 1908, No. 124, sec. 365
(1.)
The Mayor shall be compelled to give all information required of him by or on behalf of the Council on any matter requisite to enable the Council to carry into effect any of the provisions of this Act, and to produce all books, papers, and documents belonging to the Council which relate to any such matter, to any person authorized by the Council to apply for the same.
(2.)
If the Mayor refuses or neglects to give any such information when called upon to do so, 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.
(3.)
The word “Mayor”
in this section includes the acting Mayor for the time being, and also the person having the control over the books, papers, and documents belonging to the Council.
376 Provisions as to limitation of time, holidays, &c. Ibid., sec. 366
If the time limited by or under this Act for any proceeding or the doing of anything under its provisions expires or falls upon a holiday, the time so limited shall be extended to and such thing may be done on the day next following which is not a holiday ; and all further changes of time rendered necessary by such alteration may also lawfully be made.
377 Gazette to be conclusive evidence that Proclamation or Order in Council properly made. Ibid., sec. 367
(1.)
Where any Proclamation or Order in Council purporting to be issued or made under the authority of this Act has been or shall be issued or made, then the Gazette containing such Proclamation or Order in Council shall be conclusive evidence that all matters and things required by this Act preliminary to the issuing or making of such Proclamation or Order in Council have happened, and that such Proclamation or Order in Council has been properly and lawfully issued or made.
(2.)
No misnomer, inaccurate description, or omission in any such Proclamation or Order in Council shall suspend or impair the operation of this Act, or of such Proclamation or Order in Council, in respect to the matter misdescribed or omitted.
378 Special powers of Governor-General in relation to boroughs. Ibid., see. 130.
The Governor-General may from time to time—
(a.)
Make temporary appointments of Mayors, Councillors, and officers:
(b.)
Direct the preparation of any valuation roll, district electors list, district electors roll, and other lists and rolls, and of any rate-books and other documents:
(c.)
Provide for the holding of any first or new elections and first meeting of the Council:
(d.)
Make any adjustments of representation:
(e.)
Provide for the making and collection of any rates:
(f.)
Do any act for more effectually carrying out the provisions of this Act, either generally or in any particular case.
379 In certain cases Governor-General may validate proceedings or may extend time for doing anything. Ibid., sec. 368
Where anything is omitted to be done or cannot be done at the time required by or under this Act, or is done after such time, or is otherwise irregularly done in matter of form, or sufficient provision is not made by or under this Act, the Governor-General may, by Order in Council gazetted, at any time before or after the time within which such thing is required to be done, extend such time, or may validate anything so done after the time required or so irregularly done in matter of form, or make other provisions for such case as he thinks fit.
380 Loss or destruction of records, &c. 1908, No. 124, sec. 369
Where any rate-book, valuation roll or list, or any district electors roll or list, or any other book or document of any sort belonging to the Corporation or the Council of any borough is destroyed or lost and the same is necessary for immediate use, but no copy thereof is extant for such purpose, the Governor-General may do all such acts and things as he thinks best for repairing the loss, and for providing for making a new book, roll, list, or document in place of that which was destroyed or lost as aforesaid; and, by Order in Council gazetted, may validate any book, roll, list, or other document so made, and may define the time during which the same respectively shall remain in force.
381 District Land Registrar to issue title in favour of Corporation. Ibid., sec. 370
Where land subject to the provisions of the Land Transfer Act, 1915, is expressed to be transferred under the provisions of this Act to the Corporation of a borough, the District Land Registrar shall, upon the request of the Council, cause such Corporation to be registered as the registered proprietor of such land.
382 Powers of Governor-General for purpose of giving effect to provisions of Act. Ibid., sec 371
(1.)
The Governor-General may make all such Proclamations and regulations as he thinks fit for the further or more effectually or particularly carrying out the objects and purposes of this Act, and for facilitating proof of any document or matter, and for extending periods of time, and for curing irregularities, and for the substitution of new for lost or destroyed documents; and by any such regulations may prescribe any forms and fees, and any fines for breach of any such regulations, not exceeding the sum of five pounds for any one offence.
(2.)
Such Proclamations and regulations may be of general application or refer to certain classes of cases, or to any particular cases, as the Governor-General thinks fit.
(3.)
The generality of this section shall not be qualified or affected by any section of this Act giving power to make Proclamations or regulations with regard to any subject-matters specified in this section.
(4.)
All regulations made by the Governor-General under this Act shall be of the same force and effect as if contained in this Act.
(5.)
The production of a copy of the Gazette containing any such regulations shall be conclusive evidence in all Courts of the contents of such regulations, and that the same have been duly made.
383 In case of default made by Council Governor-General may make provision for giving effect to Act. Ibid., sec. 372
(1.)
If in the opinion of the Governor-General the Council wilfully refuses to act in the performance or exercise of the duties or powers respectively reposed and vested in it by or under this Act, or in the like opinion substantially so refuses to act, the Governor-General may make such provision as he thinks fit for the due performance and exercise of such duties and powers either by himself or any other person.
(2.)
In particular the Governor-General shall have and may exercise all the powers of such Council to make, levy, and recover rates within the borough, and to expend the same.
384 Act not to affect property of the Crown. Ibid., sec. 373.
(1.)
Except as otherwise specifically provided herein, nothing in this Act or in any regulations or by-laws under this Act shall be construed to apply to or shall in any way affect the interest of His Majesty in any property of any kind belonging to or vested in His Majesty.
(2.)
Except as provided in the last preceding subsection, this Act and the regulations and by-laws thereunder shall apply to the interest of any lessee, licensee, or other person claiming an interest in any property of the Crown in the same manner as they apply to private property.
Repeals.
385 1908, No. 124, sec. 1 Savings.
(1.)
The enactments mentioned in the Twelfth Schedule hereto are hereby repealed, and with respect to those enactments the following provisions shall apply, but without limiting or affecting any specific saving provision herein contained:—
(a.)
All boroughs and cities constituted under any such enactment, and subsisting on the coming into operation of this Act, shall be deemed to be constituted under this Act.
(b.)
The Mayor and Councillors then in office in each such borough or city shall remain in office until their respective successors are elected under this Act and come into office.
(c.)
Until the first election of Councillors under this Act the number of Councillors fixed by any law in force immediately before the coming into operation of this Act for each such borough or city, and the respective wards thereof respectively, shall remain unaltered.
(d.)
All streets, private streets, and private ways lawfully existing in any borough on the coming into operation of this Act shall be deemed to be the same streets, private streets, and private ways under this Act.
(e.)
All Proclamations, Orders in Council, orders, regulations, by-laws, offices, appointments, resolutions, lists, rolls, ratebooks, registers, registrations, maps, records, documents, and generally all acts of authority which originated under any such enactment, and are subsisting or 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.
(f.)
All matters and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.
(2.)
The reference in section thirty-three of the Town Boards Act, 1908, to Divisions V and VI of the Municipal Corporations Act, 1908, shall be construed as a reference to Divisions V and VI of this Act; the reference in section thirty-four of the Town Boards Act, 1908, to Part XLII of the Municipal Corporations Act, 1908, shall be construed as a reference to Part XLII of this Act; the references in section three of the Town Boards Amendment Act, 1908, to sections six to sixteen of the Municipal Corporations Act, 1908, shall be construed as references to sections six to sixteen of this Act; and the reference in section two of the Town Boards Amendment Act, 1910, to sections eighty-three to ninety of the Municipal Corporations Act, 1908, shall be construed as references to sections eighty-two to ninety-one of this Act. Except so far as may be otherwise specifically provided, the aforesaid references shall include any amendments of or additions to the relative provisions of this Act that may be hereafter made.
SCHEDULES.
FIRST SCHEDULE. Boroughs declared to be Cities.
Section 3.
| Auckland | Nelson. | Dunedin. |
| Wellington | Christchurch. |
SECOND SCHEDULE.
Sections 26, 41, 44.
Declaration by Mayor or Councillor.
I, A. B., do hereby declare that I will faithfully and impartially, and according to the best of my skill and judgment, execute the powers and authorities vested in me as Mayor [or a Councillor] of [Stating the name of borough] by virtue of the Municipal Corporations Act, 1920.
Dated this day of , 19 .
[Attestation of Mayor’s declaration:] .A. B.
Signed in the presence of the Council, and of—
C. D., Councillor.
E. F., Town Clerk.
[Attestation of Councillor’s declaration:] .A. B.
Signed in the presence of the Council, and of—
C. D., Mayor [or Councillor].
E. F., Town Clerk.
THIRD SCHEDULE.
Section 148
Tenders.
1.
There shall be no obligation to accept the lowest or any tender.
2. (1).
Every tenderer shall be required to embody in his tender—
(a).
A declaration that in the carrying-out of the contract he will observe such working-hours of labour for each working-day, in no case exceeding eight hours, and pay such rates of wages for working-hours and for overtime respectively as are generally accepted as usual and fair in the trade or class of labour to which they relate:
(b).
A statement of the minimum rate of wages which he will pay.
(2).
Every tender shall be informal which does not contain such declaration and statement.
Contracts.
3.
In the carrying-out of his contract, whether entered into pursuant to tender or not, the contractor shall be liable to observe the working-hours of labour, in no case exceeding eight hours for a working-day, and to pay to his workmen the rates of wages for working-hours and for overtime generally accepted as usual and fair in the trade or class of labour to which they relate, any contract or agreement at any time made with any workman to the contrary notwithstanding.
4.
The contractor shall not assign or make over his contract to any person without the previous consent in writing of the Council.
5.
In every contract, whether entered into pursuant to tender or not, there shall be implied the stipulations and conditions following, that is to say :—
(a.)
The contractor shall at all times during the continuance of the contract keep posted up in some conspicuous place upon the site of the works, and in such a position that the same may be easily read, a schedule setting forth—
(i.)
The rate of wages paid for working-hours and for overtime:
(ii.)
The number of working-hours in each working-day.
(b.)
Such schedule shall be corrected from month to month.
(c.)
For the purpose of ascertaining from time to time whether the contractor is paying the stipulated wages and observing the stipulated hours, the Council, by an Inspector or other agent, may at all reasonable times require the contractor to produce for inspection his wages-books, time-lists, and records of wages paid, and may take copies thereof or extracts therefrom.
(d.)
If the contractor commits any breach of any of the foregoing stipulations, he shall for each day during which such breach continues pay to the Council on demand, as liquidated damages and not as a penalty, the sum of five pounds ; and the same may, at the option of the Council, be either recovered from the contractor by action or be deducted and retained by the Council out of any moneys due or to become due to the contractor under the contract.
6.
The contractor shall not make a subcontract with any workman or other person for the execution of any part of the work appertaining to the contract, but shall (except as hereinafter provided) employ his own workmen therefor and pay them in wages :
Provided that the Council shall have power to permit the contractor to sublet such special portions of the work as in the opinion of the Council could not be produced or executed by the contractor in the ordinary course of his business.
7.
The contractor shall not make a subcontract with any workman or other person for the execution of any part of the work appertaining to the contract, but shall (except as hereinafter provided) employ his own workmen therefor and pay them in wages :
8.
Without in any way limiting the operation of the last preceding clause, it is hereby declared—
(a.)
That all the stipulations, obligations, conditions, and liabilities by this Act or the contract imposed upon a contractor shall, in the case of a subcontract, be deemed to be imposed upon the subcontractor, and may be enforced by the Council against such subcontractor accordingly:
(b.)
That in every subcontract there shall be implied a covenant by the subcontractor with the original contractor that the subcontractor will carry out his subcontract subject to and in accordance with the stipulations and conditions of the original contract and this Act.
9.
Every contractor shall, at the time of signing the contract, enter into a bond with a sufficient penalty, and (if required) with sufficient sureties, for the due fulfilment of his contract according to the terms thereof and the provisions of this Act; and such penalty shall, in case of default, be recoverable as liquidated damages in any Court of competent jurisdiction:
Provided that it shall not be obligatory upon the Council to take a bond where the contract price does not exceed one hundred pounds.
FOURTH SCHEDULE Conditions as to stopping Streets
Section 172
1.
The Council shall have a plan prepared of the street proposed to be stopped, and a survey made and a plan prepared of any new street proposed to be made in lieu thereof, showing the lands through which it is proposed to pass, and the owners and occupiers of such lands so far as known.
2.
The said plans shall be open to public inspection at the office of the Council during four consecutive weeks prior to the holding of the meeting of electors hereinafter referred to, and the Council shall once in each such week give public notice of the proposals and of the place where the plans are on view.
3.
A notice of the proposed stoppage, printed on linen or calico or other durable material, shall during the said period be kept fixed in a conspicuous place at each end of the street proposed to be stopped.
4.
The Council shall, by public notice, call a meeting of the electors.
5.
The Mayor shall preside at the meeting, and such meeting shall decide by a majority of the district electors present whether or not the street shall be stopped.
6.
If the meeting decides that the street be not stopped, no proceedings for stopping such street shall be taken by the Council for one year thereafter. If the meeting decides that the street may be stopped, the Council shall send the plans aforesaid, with a full description of the proposed alterations, and with the electors’ decision thereon, to the Magistrate.
7.
The Magistrate shall consider the proposed alterations, and any objection made thereto by any person likely to suffer injury thereby, and shall confirm or reverse the decision of the electors ; and the decision of the Magistrate shall be final and conclusive on all questions.
8.
The Magistrate shall not confirm the decision of the electors unless he is satisfied that a convenient way to the lands in the vicinity of the said street is left or provided.
9.
If the Magistrate reverses the decision of the electors, no proceedings shall be entertained by the Magistrate for stopping such street for two years thereafter.
10.
If the Magistrate confirms the decision of the electors, the Council may declare by public notice that the said street is stopped ; and such street shall thereafter cease to be a public highway.
11.
A copy of the said notice and the plans hereinbefore referred to shall be transmitted by the Council for record in the office of the Chief Surveyor of the district, and no notice of the stoppage of the street shall take effect until such record is made.
FIFTH SCHEDULE.
Section 193
(1.) Claim for Payment on Account of Betterment.
To , owner of an estate or interest in fee-simple [or as the case may be] in the land described below.
Whereas the [Name of Council] has widened or is about to widen Street, in the said borough, whereby the value of the lands described below, which front the said street, and in which you are interested as aforesaid, has been increased or is likely to be increased: This is to give you notice that the Council claims from you the sum of £ on account of betterment for the said increase in value of the said lands.
[Description of lands.]
Given under my hand, this day of , 19 .
, Town Clerk.
(2.) Charge.
I, the undersigned , do hereby, in pursuance of section of the Municipal Corporations Act, 1920, charge my estate or interest as [Here describe the same] in [Here describe land] with the payment to the [Name of Council] of [Number] equal half- yearly payments of £ , each payable on the day of the months of in each year, the first payment to be made on the day of , 19 , such charge to be a first charge upon my said estate and interest in priority to all estates, encumbrances, and interests created by me or any of my predecessors in title, as provided by the said Act; and I, the said , hereby covenant with the said Council to pay to the Council the said several instalments on the respective dates aforesaid.
[Description of lands.]
Given under my hand, this day of , 19 .
SIXTH SCHEDULE. Conditions of fixing Levels of Streets.
Section 196
1.
The Council shall publish in the borough a notice of its intention to fix such level, describing therein the street by name and situation, and the proposed level thereof, by reference to plans to be open for inspection at a place named in such notice.
2.
The Council shall in such notice appoint a day, not being less than one month after the publication of such notice, at which it will hear all objections to the proposed level by persons affected thereby.
3.
All such objections must be in writing, addressed to and sent to the Council not less than ten days before the day of meeting next mentioned.
4.
The Council shall hold a meeting on the day so notified, at which all persons having so made objections shall be entitled to be heard in support thereof.
5.
At such meeting the Council may, after considering all such objections, resolve to abandon the proposed level, or to adopt it with any alterations it thinks fit.
6.
The Council shall publicly notify the level so fixed, and shall in the notice refer to a plan to he deposited at the office of the Council, and to be open for inspection.
SEVENTH SCHEDULE. Exemptions from Tolls on Bridges and Ferries.
Section 209
1.
Providing for the inspection of all public vehicles, and preventing the use of such as are unsafe or insufficient:
2.
Every member of the Defence Forces when on duty, or going to or returning from parade, and in uniform.
3.
Every constable on duty, and every prisoner in his custody.
4.
All passengers by any public conveyance ; but this exception shall not apply to such passengers at any ferry at which tolls are lawfully taken from foot-passengers.
5.
Every child going to or from school.
6.
All cattle, the property of any person residing within one mile of a toll-gate, going to or from water or feed.
7.
Every animal and cart employed solely in drawing manure.
8.
Every person or vehicle, and all cattle, in respect of whom or which toll has been paid at the same toll-gate at any time since the midnight previous.
EIGHTH SCHEDULE. Conditions of laying Drains through Private Lands.
Section 219
Before the Council constructs any drain through or upon any private lands the following conditions shall be complied with:—
(a.)
A plan and description of such drains, showing how it affects any such lands, shall be deposited for public inspection at some place within the borough.
(b.)
The Council shall give notice in writing to the occupier of such lands, and also to the owner when known, of the intention to construct such drain, and shall refer in such notice to such plan and description, and state where the same are on view.
(c.)
If within one month after such notice given the said occupier or owner serves on the Council a written objection to the proposed work, the Council shall appoint a day for hearing such objection, and shall give notice of the same to the objector.
(d.)
The Council shall hold a meeting on the day so appointed, and may, after hearing any person making such objection, if present, determine to abandon the work proposed, or to proceed therewith, with or without such alterations as the Council thinks fit.
NINTH SCHEDULE Provisions as to constructing Waterworks outside the Borough.
Section 241
1.
Before interfering with any road or other public work outside the boundaries of a borough for the purpose of constructing waterworks the Council shall give not less than one month’s notice in writing to the local authority having the control of such road or work.
2.
If such local authority objects to such interference the matter shall be referred to the Minister of Public Works, whose decision shall be final.
3.
The Council may at any time interfere with such road or work, so far as to effect all necessary repairs in such waterworks, on giving to such local authority three days’ previous notice in writing of intention so to do.
4.
In any sudden emergency or danger to the waterworks or property adjoining the Council may, without any previous notice, proceed to effect the necessary repairs, but shall as soon as practicable thereafter inform- the local authority.
TENTH SCHEDULE Powers as to Ruinous Buildings.
Section 297
1.
The Council may put up a hoarding or fence so as to prevent persons approaching nearer than is safe thereto.
2.
The Council may give notice to the owner of such building to secure or pull down the same within a time named in such notice.
3.
If all danger is not removed by securing or taking down such building within such time, or by commencing so to do within such time, and proceeding therein with all reasonable expedition, any two Justices may, upon the application of the Council and after notice to the owner, order such building to be secured or taken down, as they think fit, within a time named in such order.
4.
If such order is not obeyed, the Council may cause such building to be secured or taken down in compliance therewith.
5.
The Council may recover from such owner the cost of any such hoarding or fence, and the cost of securing or taking down such building, together with all expenses incurred under this Schedule.
6.
Such notice or order may, in the absence of the owner, be served upon his agent, or upon the occupier (if any) of such building, or, if the building is unoccupied, by fixing the same on the building.
7.
If the building is taken down by the Council, the Council may sell or destroy the materials or any part thereof, and apply the proceeds in or towards payment of the expenses incurred under this Schedule, and shall pay the residue (if any) to the owner on demand.
8.
In any case in which immediate danger is apprehended arising from the condition of any building the Mayor may, upon the report of the Surveyor or some competent person appointed by the Mayor, by warrant under his hand, cause any measures to be taken necessary in his judgment to secure the safety of the public, until the next meeting of the Council.
ELEVENTH SCHEDULE. Conditions for Use of Buildings for Public Meetings, etc.
Sections 308, 312, 314.
1.
The owner or occupier of any such building shall apply in writing to the Council for a license, stating the situation and description of the building, the names of the owner and occupier, and the purpose for which it is to be used.
2.
Such building shall be inspected by the Surveyor or some competent person appointed by the Council in that behalf, and if satisfied upon his report that such building is secure and suitable for the purpose proposed, that it has sufficient means of ventilation and of ingress and egress, that sufficient sanitary conveniences are provided for the use of the public, that sufficient provision is made against fire, and, in case the neighbourhood of such building is supplied with water by means of waterworks, that a sufficient supply of water is laid on, and proper appliances provided for promptly using the same in case of fire, the Council shall issue to the applicant a license, under the hand of the Town Clerk, for a period not exceeding one year, to use the said building for the purpose stated in the application; and such building may be used accordingly.
3.
The Council may attach to the license any conditions as to the provision at public entertainments, by and at the cost of the licensee, of duly qualified firemen, and the use in the building of any means of producing light or heat, or otherwise for the safety of persons assembled in the building, and may refuse to issue any license until the fee thereon fixed by any by-law is duly paid.
4. (1.)
If the applicant for the license feels aggrieved at not obtaining the same or at any condition attached to the license, he may appeal to the Supreme Court for redress, and such Court shall have power to make such order as it thinks fit.
(2.)
The appeal shall be made in such manner and subject to such conditions as are prescribed.
TWELFTH SCHEDULE. Enactments repealed.
Section 385
1908, No. 124.—The Municipal Corporations Act, 1908.
1908, No 63.—The Fire Brigades Act, 1908: Section 50.
1910, No. 81.—The Municipal Corporations Amendment Act, 1910.
1913, No. 62.—The Municipal Corporations Amendment Act, 1913.
1914, No. 46.—-The Municipal Corporations Amendment Act, 1914.
1915, No. 69.—The Cost of Living Act, 1915: Section 13.
1915, No. 78.—The Municipal Corporations Amendment Act, 1915.
1916, No. 14.—The Reserves and other Lands Disposal and Public Bodies Empowering Act, 1916: Section 101.
1918, No 22.—-The Public Health Amendment Act, 1918: Section 8.
1919, No. 28.—The Public Health Amendment Act, 1919: Section 8.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Municipal Corporations Act 1920
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