l unicipal Corporations No. 76

Transcription

1 l unicipal Corporations No NEW ZEALAND Title. 1. Short Title and commencement. 2. Interpretation. PART I CON STITUTION OF BOROUGHS AND TOWN DISTRICTS 3. This Part to be read subject to Local Government Commission Act Constitution of Boroughs 4. Constitution of boroughs. 5. Incorporation of boroughs. 6. Proclamation of new cities. 7. Constitution of new boroughs. Constitution of Town Districts 8. Constitution of town districts. 9. Incorporation of town districts. 10. Independent town districts. 11. Constitution of new town districts. ANALYSIS Alteration of Boundaries of Districts 12. Alteration of boundaries of districts. 13. Areas adjacent to district may be included therein on petition of Council. 14. Payment of costs of Commissions and certain polls under preceding sections. 15. Reclaimed land, etc., may be added to district, and certain land may be excluded therefrom, on petition of, Council General as to alterations of district boundaries Union of Boroughs Union of adjoining boroughs. United borough may be undivided or subdivided into wards. Constitution of first Council of united borough. First election of Councillors of united borough. Property of united borough. Union of boroughs with town districts and road districts. Alterations Within Boroughs 23. Creation of wards and alteration of wards in divided boroughs. 24. Special orders creating or alterinll" wards to be gazetted. 25. Election of Councillors on crea tion or alteration of wards. Notification of Altered Boundaries of Districts 26. Altered boundaries t 0 b e gazetted. Financial and Other Adjustments 27. Financial adjustments on constitution of district, or on alteration of boundaries. 28. Alterations not to affect separa te or special rates, or the expenditure of loan money.

2 946 No. 76 Municipal Corporations 1954 PART II ELECTORS, ELECTIONS, AND POLLS District Electors List and Roll 29. District electors list. 30. Qualification in respect of property situated in two or more wards. 31. Elector's name to appear once only on list. 32. Objections to district electors list or roll. 33. Council may amend list or roll. 34. Appeals to Magistrate in respect of district electors list or roll. 35. District electors rolls. 36. Combined roll. 37. Electors and voting power. 38. Use by other authorities of district electors roll. Elections and Polls 39. Local Elections and Polls Act 1953 applied. PART III MAYOR AND CHAIRMAN Mayor of a Borough 40. Triennial election of Mayor. 41. Vacation of office by Mayor. 42. Mayor to make declaration. 43. Mayor to be Justice of Peace by virtue of office. 44. Notice of election to be given to Secretary for Internal Affairs. 45. Annual allowance to Mayor. 46. Appointment of Deputy Mayor. Chairman of a Town District 47. Chairman of town district. 48. Annual allowance to Chairman. PART IV CONSTITUTION AND AUTHORITY OF COUNCIL Capacity of Council 49. Borough Councils, City Councils, and Town Councils. 50. Corporation to act by Council. Joint Action by Several Councils 51. Councils may unite in joint contracts and works. 52. Councils may unite in joint purchase, operation, and maintenance of plant and machinery. Qualification and Election of Councillors 53. Constitution of Council. 54. Election of Councillors. 55. Electors qualified for election as Councillors. 56. Disqualification of Mayor or Councillor. 57. Extraordinary vacancies. 58. Declaration by Councillor. 59. Vacation of office by Councillor. 60. Candidate not eligible for nomination for more than one ward. 61. Special provision where same person elected to be both Mayor and a Councillor. Ouster of Office 62. Ouster of office of Mayor or Councillor. PART V COMMITTEES 63. Council may appoint standing or special committees. 64. Chairman of committee. 65. Discharge, etc., of committee. 66. Committee may exercise delegated powers. 67. Committee to be subject to direction by Council. 68. Joint committees. PART VI PROCEEDINGS OF COUNCIL AND COMMITTEES Proceedings Generally 69. Open voting. 70. Mayor or Chairman to preside at Council meetings. 71. Member of Council or committee not to vote on question in which he has pecuniary interest. 72. Quorum of Council and of committee. 73. Questions to be decided by majority of votes. 74. Proceedings not to be invalid by reason of irregularities in election of Councillors, etc. 75. Minutes of proceedings of Council. Special Meetings and Special Orders 76. Special meetings. 77. Special orders. 78. Evidence of special orders. 79. Proceedings for quashing of special orders., f

3 1954 Municipal Corporations No Rules 0/ Procedure 103. Separate rate 80. By-laws as to proceedings of purposes. Council Library rate Harbour rate. PART VII OFFICERS 81. Council may appoint officers. 82. Acting officers. 83. Council may contract with officers and servants as to tenure of office PART VIII THE DISTRICT FUND District Fund. Payment of fines to Council. Money belonging to Corporation to be paid into bank. How money to be withdrawn from bank. lmprest Account Council may establish Imprest Account. Deposits Deposit at interest. PART IX RATES an General Rates 90. General rates. 91. General rate in d i vi d e d borough. 92. Annual estimates of expenditure. General Separate Rates 93. Separate rates. 94. Application of proceeds of separate rate Particular Separate Rates Water rates. Water rates in districts where system of rating on unimproved value is in force. Council may with consent of Governor-General in Council fix water charges according to quantity used. Water rates to be payable in advance. In default of payment of water rates and charges water supply may be stopped by Council. Recovery of water rates and charges. Lighting rate. Separate rate for sanitation purposes. B-9* for drainage Annually Recurring Separate Rate 106. Separate rate may be made an annually recurring rate. SPecial Rates 107. Rates levied as security for loans deemed to be special rates. Consolidated Rates 108. Authority for consolidation of general and other rates. Miscellaneous 109. Reduction of valuation of farming lands not suitable for subdivision for building 110. Ill purposes. Council may cause special valuation of new buildings to be made. Rating Act a~plied. Special provislon in respect of rates levied on unimproved value. PART X FINANCE GENERALLY Expenditure 113. Travelling expenses of Mayor or Chairman and Councillors Travelling expenses of members attending conferences Councillors may travel without charge on municipal transport service Council may acquire motorcars, etc., for official use of Mayor or Chairman and Councillors Payment under guarantee of joint Superannuation Fund Council may subsidize sickbenefit society established by its employees Council may insure members against personal accident while engaged in duties Observance of Anzac Day Apportionment of income for each year Adjustments in succeeding years Application of surplus of separate or special rate Government not liable for district debts Money not to be paid by promissory note or bill.

4 948 No. 76 M unicipal Corporations 1954 PART XI PART XIII ACCOUNTS 126. "Trading undertaking" defined Accounts to be kept in accordance with requirements of Audit Office Fire insurance fund Council may establish accident funds Council to make charge to provide for depreciation in respect of each trading undertaking Council to appoint Commissioners of Depreciation Fund Money to be paid to Commissioners How fund to be invested by Commissioners Accounts Application of Depreciation Fund by Commissioners Demands on Commissioners Commissioners may call for report in respect of demand made upon them Commissioners may pay amount of demand by instalments or may decline to pay except on order of Supreme Court Commissioners not to be responsible to see to application of fund by Council Council may establish Reserve Fund for trading undertakings Transfers to General Account from separate accounts of proportionate parts of certain payments Transfers to General Account from separate accounts of cash surpluses Council may establish renewal or replacement funds otherwise than in respect of trading undertakings Inspection of accounts by electors and others Regulations as to collection of and accounting for Corporation money Offences by officers with respect to money or accounts. SALE OR LEASE OF LAND 150. Council may sell or exchange lands vested in Corporation Council may lease lands vested in Corporation Extent of leasing powers Conditions governing the exercise of Council's leasing powers. 154 Lease of cinematograph theatre need not be submitted to public auction or tender in certain cases Land may be let for short periods by private contract Special provisions with respect to land and buildings reserved for recreation Surrenders of leases and reduction of rent Leases may be granted to subtenants Leases of land held as a reserve or for a public work or other special purpose Protection of title of tenant taking in good faith Power to lease reserves exercisable only by special order, unless otherwise provided Transfers and leases to Crown for reserves or public purposes. PART XIV PUBLIC WORKS 163. General powers of Council with respect to public works Land taken for public works to vest in Corporation Council may purchase land on system of time payment Compensation pay a b I e by Council for lands taken or injuriously affected Council not to interfere with public works undertaken by Crown. 168 Council not authorized by this Act to create a nuisance. PART XII CONTRACTS 147. Council may enter into contracts for purposes of Act Mode of contracting Council may adopt co-operative system of works. PART XV STREETS, BRIDGES, AND FERRIES 169. Definition of terms "street ", " private street", " footway", and" private way" Property in streets, and general powers of Council with respect thereto.

5 1954 Municipal Corporations No Public Highways Beyond District 171. Council may contribute to cost of maintenance of highway beyond district. Contracts and Leases Relating to Ferries 172. Leasing powers of Council with respect to ferries. Precautions Against Accidents 173. Council to take precautions against accidents on streets, etc. Alteration of Pipes and Drains 174. Council may require alteration of pipes and drains. Liability of Tramway Owners 175. Saving of liability of tramway 192. owners Cycle Tracks 176. Council may provide public cycle tracks. Parking Places and Transport Stations 177. Provision of parking places and transport stations. Footways and Channels 178. Footways and channels. Proceedings for Unlawful Laying Out of Streets and Private Streets 187. Mayor or Chairman and Councillors personally liable for laying out street of less than legal width, etc. Setting Back Building Line 188. By laws fixing building for new buildings. line Altering and Stopping Streets, and Laying Out New Streets 189. Certain powers as to streets to be exercised by special order Council may sell land not required for street Council may acquire land for new streets, or for widening, extending, or d i v e r tin g existing streets Private Streets and Private Ways 179. Width, etc., of private streets Restriction on laying out of private streets and private 198. ways Penalty for laying out private street or way in contravention of this Act IIlegal private street or private way not to be registered Conditions to be noted on title 201. by Registrar Powers of Council with respect to private streets and private 202. ways Council may declare private 203. streets or rights of way to be public streets. 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. Levels of Streets Map of district to be prepared, showing streets and private streets and their levels. Buildings to be erected with regard to levels of streets. Council to fix levels of streets. When compensation payable for alteration of level of street. Person building without reference to level of street may be required to pay compensation. Right to lateral support. Injuries to and Nuisances on Streets 199. Penalties for injuries to streets Council may grant right to lay petroleum conduit pipes along or under streets. Council may require owner of land abutting on street to fence. Council may require dangerous places to be secured. Notice to be given of intention to excavate in vicinity of street Council may require removal Special Exemption as to Width of of overhanging trees, etc. Streets 186. Modification of provi~ions as Cattle Straying on Streets to width of streets in certain 205. Council may impound straying cases. cattle.

6 950 No. 76 Municipal Corporations 1954 Tolls at Bridges and Ferries 206. Council may establish toll gates at bridges and ferries, subject to certain conditions Conditions under which tolls may be taken Exemption from tolls in certain cases Penalty for plying for hire in vicinity of ferry or bridge at which tolls payable Regulations as to tolls Compensation where right to collect tolls destroyed. Services for Conveyance of 232. Passengers and Goods 212. Council may establish services 233. for conveyance of passengers and goods Council may establish ferry services PART XVI DRAINAGE AND SANITATION AND PROTECTIVE WORKS Money Payable by Owners and Occupiers 229. Advances by Council to owners in respect of cost of drainage connections Owner may recover proportion of cost of drainage connections from tenant under a lease with not less than three years unexpired Money payable to Council in respect of drainage to be a charge on property. Drains Beyond District Council may make main drains outside the district. Main drains under roads and streets. Council may agree to use drain under control of other local authority. Provisions applicable to drains outside the district. Drainage Into Harbours 236. Restrictions on drainage into harbours. Drainage and Sanitation 214. This Part to be subject to Soil Protection of Drains Conservation and Rivers 237. Penalty for unlawful inter- Control Act Interpretation Council may make provision for drainage of district Council to prepare drainage map of district Council may construct and repair drains Council may cover in watercourse so as to make it a public drain Council may erect structures for drainage purposes on streets or other public places Surface water may be led into watercourses Council may make dams, etc., in watercourses Council may drain areas out side district ference with drains. Protective Works 238. Council may construct protective works to prevent damage by flood. PART XVII WATERWORKS 239. Definition of term works H. " water- Construction and Maintenance 240. Council may construct waterworks Entry on private land. Special provisions as to waterworks beyond the district. Private Drains Supply of Water Council may require owners of 243. Persons supplied with water to lands in certain cases to provide appliances. provide private drains Council may inspect appliances Channels for surface water. in houses. Special provisions as to private 245. Notice of removal of water drains serving several separately owned premises. pipes to be given to Council. Further provisions with respect Use of Water for Motive Power to such private drains Council may use water from Council may declare common private drain to be public 247. drain. waterworks for motive power. Surplus water may be sold for motive power.

7 1954 Municipal Corporations No Supply to Persons Outside District 269. Council may contract with 248. Supply of water outside the other persons for lighting district. of streets and supply 0 f 249. Charge for water to inhabitants electricity. of area added to district in 270. Council may install, purchase, certain cases. Purchase of Waterworks Council may purchase waterworks. Council may contract for water supply. Provisions for Protection of Water 252. Drawing off water from streams supplying waterworks Offences with respect to waterworks. Protection of Waterworks 254. Pollution of waterworks Factories, etc., m ay be examined Diversion of water from waterworks in case of flood. PART XVIII PREVENTION OF FIRES 257. Fire hydrants Pipes to be kept charged with water Fire engines and other appli ances may be provided Volunteer fire police Constables to assist person in command at a fire Damage by Mayor or Chairman deemed to be damage 284. by fire Application of certain pro visions of Fire Services Act Sections 259 to 263 hereof not applicable within district 286. of Urban Fire Authority. or sell electric fittings and equipment Supply of electricity to persons beyond the district. Supply of Gas 272. Council may establish gasworks Council may make provision for supply of gas to private persons Council may install, purchase, or sell gas fittings and equipment Council may supply gas to persons outside the district. General Provisions Relating to Supply of Electricity and Gas 276. Electricity works and gasworks to be vested in Corporation Private consumer to supply fittings Right of entry on land or buildings for inspection of fittings Offences with respect to meters Except as specially provided Council not to interfere with private property. Council to fix price of electricity and gas. Council may cut off supply of electrici ty or gas. Recovery of electricity or gas charges. Electricity or gas company may sell works to Corporation. Council may advance to occupier of premises the cost of installation of electricity or gas. When advance not to be a charge on land Council may appoint Inspector 287. Saving of agreements. of Buildings Council may make by-laws in respect of prevention of fire. PART XX 267. Council may require removal PUBLIC HEALTH AND CONVENIENCE of scrub, etc., likely to con- General stitute a fire hazard Powers of Council with respect to preservation of public PART XIX health Council may appoint Sanitary LIGHTING AND SUPPLY OF Inspectors. ELECTRICITY AND GAS 290. Duties and liabilities of Sanitary Inspectors. Lighting, and Supply of Electricity 291. Inspector to have warrant of 268. Council may light streets with appointment. el~c.tricity a~d supply elec- I 292. Penalty for acting without tnclty to private persons. warrant.

8 952 No. 76 Municipal Corporations respect of Nuisances Gene~al penalty in nulsances. Council may take proceedings for abatement of nuisances. Provisions of this Part to be in addition to other remedies in respect of nuisances. Application to Crown. Inspection of Milk and Dairies 297. Governor-General may make regulations as to inspection of milk and dairies, etc SO~ Baths and Washhouses Council may maintain public baths and washhouses. Public baths to be subject to by-laws. Dangerous, Deserted, and Dilapidated Buildings Powers of Council with respect to dangerous, deserted, ruinous, and dilapidated buildings. Money expended to be a charge on land. Preventing Overcrowding Provisions for prevention of overcrowding of buildings. Illegal occupation of building. Removal of building illegally erected, etc Register of licensed buildings. Inspection of licensed buildings. Passages in and exits from licensed public buildings to be kept clear. Regulations for protection of public from danger from fire or other emergency in theatres, etc. Cancellation or suspension of licence. Penalty for using unlicensed building. Further provisions with respect to licensing buildings for public meetings, etc. PART XXIII MARKETS, WEIGHING MACHINES, AND PUBLIC SERVICES Council may provide market places. Council may fix market charges. Council may let market charges. Recovery of market charges. Council may provide public weighing machines. Council may sell fuel. Council may sell road making material. Governor-General may authorize Councils to engage in trade for purpose of carrying on certain public services. PART XXI PUBLIC RECREATION, INSTRUCTION, AND AMENITIES 305. Powers of Council in relation to public recreation and instruction, etc Council may borrow for improvement of public reserves managed and controlled by it Surplus money appropriated for any reserve may be expended on other reserves. BUILDINGS FOR PART XXII PUBLIC MEETINGS, ETC "Building" defined Buildings for public meetings to be licensed and inspected Entertainments on Sunday, Good Friday, or Christmas Day to be subject to approval by Council. PART XXIV HOUSING 326. Interpretation. Acquisition and Subdivision of Land for Housing 327. Council may acquire land for housing Council may subdivide land. Erection and Purchase of Houses 329. Council may erect or purchase houses. Sale and Lease of Houses and Building Sections 330. Council may sell or lease houses and building sections Provisions as to leases Leases to employees of Council may be by private contract Repayment of advances and purchase money.

9 1954 Municipal Corporations No Council may decline to sell or let without giving reasons Council may sell surplus land Proceeds of sale or lease of building allotments to be paid into a separate account. Advances to Financial Institutions and Guarantees of Housing Loans 337. Advances by Council towards loans for housing purposes Guarantees by Council of portions of m 0 r t gag e s granted fof housing purposes Power of Council to guarantee loans for erection of flats Council may guarantee certain replacement mortgages Provisions affecting mortgages Mortgages securing premium in lieu of interest Mortgages of leases Extending lending powers of financial institutions Insurance fund Validity of documents and resolutions. Borrowing Powers of Council 347. Borrowing powers of Council. Registration of Agreements 348: Registration of agreements for sale Regulations as to registration of agreements. PART XXV SUBDIVISION OF LAND Town Hall and Public Offices 358. Council to maintain public offices. Public Clocks 359. Council may install, light, and maintain public clocks. Shops and Offices 360. Council may provide shops and offices in buildings erected by it. Cemeteries and Crematoria 361. Council may contribute towards maintenance and improvement of cemeteries and crematoria. Planting 362. Council may expend money for tree planting. Noxious Weeds 363. Council may expend money for eradication of noxious weeds. Primary Production 364. Council may continue to operate schemes for primary production and pig farms established under emergency regulations Grazing of sheep on land held by, or under control of, Council. PART XXVII 350. Interpretation. PRIVATE WORKS 351. Restrictions on subdivision of 366. Order for execution of private land. works Plan to be deposited Saving as to previous approvals PART XXVI MISCELLANEOUS POWERS Mining Expenditure of money for 371. encouragement of mining and prospecting Water races or sludge channels may be disposed of or vested in Council. Harbour Works and Navigation 356. Powers of Council with respect to harbour works to be exercised subject to Harbours Act Construction or maintenance of boat haven. Duties of occupier. Occupier may act if owner of premises makes default. Council may agree with owner to execute drainage and other works on private lands. Council may execute works on default by owner or occupier. Recovery of cost of works by Council. Registration of charges against private property. PART XXVIII OFFENCES AND LEGAL PROCEEDINGS Offences 373. Obstruction of Council or officer Wilful damage to drainage works or waterworks.

10 954 No. 76 Municipal Corporations Wilful damage to other works 396. or property Default in compliance with Act, 397. or direction given pursuant to Act General penalty. Legal Proceedings 378. Judges and Justices not disqualified as being ratepayers Proceedings in Magistrate's Court, etc Service of legal proceedings on Council Valuation roll to be evidence of ownership Offences punishable on summary conviction Recovery of debts Councillors may be required to pay costs of proceedings in certain cases. Compounding Council may make compositions. PART XXIX BY-LAWS 386. Subject-matter of by-laws By-laws as to design and construction of buildings to resist earthquake shocks Licences to hawkers and pedlars By-laws as to billiard rooms and common lodginghouses General provisions as to by-laws Limitations affecting by-laws Procedure as to making of by-laws Penalty for breach of by-laws Removal of works executed contrary to by-laws Proof of by-laws Council to provide printed copies of by-laws. Liability for breach of by-law not to relieve from other liability. Saving of existing by-laws. Area added to district to become subject to by-laws of district. Operation of by-laws in case of union of districts. PART XXX MISCELLANEOUS 401. Special provlslons as to petitions Authentication of documents by Council Service of notices, etc Resignations from office Mayor and Chairman compellable to give information Special powers of Governor General in relation to dis tricts. In certain cases Governor General may validate proceedings or may extend time for doing anything. Loss or destruction of records, etc. District Land Registrar to issue title in favour of Corporation. Regulations. In case of default made by Council Governor - General may make provislon for giving effect to Act. Act not to affect property of the Crown. Repeals and Savings Repeals and savings and consequential amendments. Schedules. Title. Short Title and commencement. 1954, No. 76 AN ACT to consolidate and amend certain enactments of the General Assembly relating to boroughs and town districts. [1 October 1954 BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: 1. (1) This Act may be cited as the Municipal Corporations Act 1954.

11 1954 Municipal Corporations No (2) This Act shall come into force on the first day of April, nineteen hundred and fifty-five. 2. In this Act, unless the context otherwise requires, " 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: " Construction", in relation to any work authorized by this Act, includes the execution, establishment, constitution, undertaking, or carrying out thereof; and "construct" has a corresponding meaning: " Corporation" means the Corporation of a borough or of a town district, as the case may be: " Council " means the Council of a borough or of a town district, as the case may be: " Councillor" means a member of the Borough Council or of the Town Council, as the case may be: "Dependent town district" means a town district that forms part of the county within the boundaries of which it is situated: " District" means a borough or town district, as the case may be: " District electors roll " means the roll made under this Act containing the names of electors: " Divided borough" means a borough divided into wards: " Electors" means persons qualified to vote at any election of a Councillor: " Engineer" means the Engineer appointed under this Act by the Council; and includes any person for the time being appointed by the Council to perform the duties of Engineer thereto: "Independent town district" means a town district that does not form part of the county within the boundaries of which it is situated: Interpretation. 1908, No. 195, s.2 s ,No.3, s.32

12 956 See Reprint of Statutes, Vo!. VII, p.622 Ibid., p. 977 No. 76 Municipal Corporations 1954 " Minister" means the Minister of Internal Affairs: " Occupier" means the inhabitant occupier of any property: " Owner ", in relation to 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: " Pollutant ", in relation to any water, means any substance that contaminates the water so as to change the physical or chemical condition thereof in such a manner as to make the water unclean, noxious, or impure, or as to be detrimental to the health, safety, or welfare of persons using the water: " 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 money 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 district, or, where there is no such newspaper in general circulation, means a notice on printed placards affixed to public places in the district; and " published" and "publicly notified" have corresponding meanings. 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 1928: "Rateable value ", in respect of any property, means its rateable value within the meaning of the Rating Act 1925:

13 1954 Municipal Corporations No (' Rate book" means the rate book under the Rating Act 1925: (, Ratepayer" means a person whose name appears Vol. VII, for the time being in the " Occupiers" column p. 977 in the rate book: " Sanitary Inspector" means a Sanitary Inspector appointed as such for the purposes of the See Reprint of Statutes, Health Act 1920 and of Part XX of this Act: See Reprint of Statutes, "Special order" means a special order made in Vol. VI, p the manner provided by section seventy-seven of this Act: " Subdivision" (except for the purposes of Part XXV of this Act) includes a ward and also includes any defined portion of a district for which a poll is to be taken: "Town Clerk" means the Town Clerk of the Council of a borough or of a town district, as the case may be, and includes any person for the time being appointed by the Council to perform the duties of Town Clerk thereto: " Town district" means a town district constituted under this Act or thereby deemed to be so constituted: " Treasurer" means the Treasurer appointed under this Act by the Council, and includes any person for the time being appointed by the Council to perform the duties of that office: " Triennial election", in relation to an election of Mayor, means an election under subsection one of section forty of this Act, and, in relation to a general election of Councillors, means an election under section four of the Local 1953, No. 16 Elections and Polls Act 1953: "Undivided borough" means a borough not divided into wards: "Valuation list" and "valuation roll" mean respectively the valuation list and the valuation roll under the provisions of the Rating Act 1925: " Ward " means a ward of a borough.

14 958 No. 76 Municipal Corporations 1954 PART I This Part to be read subject to Local Government Commission Act , No. 110 Constitution of boroughs. s.3 Incorporation of boroughs. s.4 CONSTITUTION OF BOROUGHS AND TOWN DISTRICTS 3. The provisions of this Part of this Act shall be read subject to the provisions of the Local Government Commission Act Constitution of Boroughs 4. With respect to the constitution of boroughs the following provisions shall apply: (a) Every borough existing at the commencement of this Act shall be deemed to be constituted a borough under this Act: ( b) The boroughs specified in the First Schedule to this Act 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 five hundred, may be constituted a borough in manner provided by this Act: Provided that no such area may be constituted a borough unless it has an average density of population of not less than one person to the acre: (d) A borough that is situated within the boundaries of a county shall be deemed not to form part thereof: (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 at the commencement of this Act are hereby declared to be wards under this Act. 5. (1) The inhabitants of every borough shall, under the name of "The Mayor, Councillors, and Citizens of the Borough of [Name of borough] ", be a body corporate, with perpetual succession and a common seal, with power

15 1954 Municipal Corporations No for the Council by special order to alter and change the 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 word "City" shall be substituted for the word "Borough" in the corporate name. 6. (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. Proclamation of new cities. s (1) Any area having the qualifications for a Constitution of borough prescribed by paragraph (c) of section four new boroughs. of this Act may at any time be constituted a borough. th. s.135 m e manner followmg: 1948, No. 60, ( a) A petition in the prescribed form, praying s. 27 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: Provided that in any case where the area proposed to be constituted a borough comprises the whole of a then existing town district, the Town Council of that district may itself present a petition for the constitution of that district as a borough: ( b ) The Minister 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:

16 960 No. 76 Municipal Corporations 1954 (c) As soon as practicable after the expiration of one month from the first publication of the notice as aforesaid, the Governor-General shall, where objections or petitions have been duly lodged as aforesaid, direct a Commission, consisting of a Magistrate and two other persons appointed by the Governor-General, to inquire and report to him upon the subjectmatter 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 that 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 of the area (whether by inclusion in or exclusion from the area of any lands) as it deems necessary and advisable, but no alteration shall be made that will leave the area without the qualifications prescribed by paragra ph (c) of section four of this Act: (d) Where no objections or petitions have been duly lodged as aforesaid, or where the same having been duly lodged 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 mentioned in the original petition, or as the case may be, within the area as fixed by the Commission upon the proposal that the area shall be constituted a new borough: (e) The Governor-General may make such appointments and arrangements (including the preparation of a voters roll) as he deems necessary for the purpose of taking the poll: (f) 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

17 1954 Municipal Corporations No 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 the roll of the name of any person entitled to be placed thereon, or the inclusion in the roll of the name of any person not entitled to be enrolled t shall not invalidate either the roll or the poll: (g) If a majority of the valid votes recorded 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: ( h ) The Governor-General may leave the 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 the wards and the number of Councillors for each ward. (2) 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 of this section 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. (3) 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. (4) 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 that district or those districts shall not thereby be affected. (5) Where a borough is constituted comprising only the whole of the area of a then existing district, the following provisions shall apply: (a) The Corporation of the borough shall, in respect of all property, rights, powers, authorities, claims, obligations, liabilities, contracts, and

18 962 No. 76 Municipal Corporations 1954 engagements, and for all purposes whatsoever, be deemed to be the same Corporation as that existing in that area at the time of its becoming a borough: ( b) The local authority of the existing district shall continue in being 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 that area 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 that area at the time of its becoming a borough shall continue in force until altered or revoked in the manner provided by this Act: ( e ) All acts of authority by the local authority of the existing district under any Act which are subsisting or in force on the constitution of the borough and which could be lawfully done by the Borough Council under that Act shall enure for all purposes as acts of the Borough Council. (6) 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 the existing 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 as if that 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:

19 1954 Municipal Corporations No (c) All by-laws in force within that part 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, 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) and (d) of subsection five of this section: (b) In respect of that portion comprising part of a district, the provisions of subsection six of this section. (8) In this section the term "district" includes a county and a road district. Constitution of Town Districts 8. With respect to the constitution of town districts Constitution of the following provisions shall apply: town districts. (a) Every town district existing at the commence- :.92%~o, 195, ment of this Act shall be deemed to be 1908, No. 215, constituted a town district under this Act: s.2 ( b) The town districts specified in the Second Schedule to this Act are hereby declared to be independent town districts: (c) Any part of New Zealand comprising in a continuous area not more than two square miles, and having no points distant more than four miles from one another, and having a population of not less than five hundred, may be constituted a town district in manner provided by this Act: Provided that no such area may be constituted a town district unless it has an average density of population of not less than one person to the acre: (d) Every new town district constituted after the commencement of this Act shall be deemed to be an independent town district. 9. The inhabitants of every town district shall, under Incorporation the name of "The Chairman, Councillors, and Citizens o~ to~n of the Town Dist~ict of [Name of t071!n district] ", be a ~;~~c~~. 195 body corporate, WIth perpetual succession and a common s.13'(2),

20 964 Independent town districts. 1908, No. 215, ss. 3-6 No. 76 Municipal Corporations 1954 seal, with power for the Council by special order to alter and change the 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. 10. (1) Where the Governor-General is satisfied that the population of any dependent town district constituted at the commencement of this Act exceeds five hundred, he may, on the application of the Town Council of the district, declare by Order in Council gazetted that the town district shall be an independent town district, and thereupon the town district shall not form part of the county within the boundaries of which it is situated. Every such Order in Council shall be conclusive as to its validity and shall have effect on the first day of April next after the date of the Order. (2) The provisions of section twenty-seven of this Act shall extend and apply as between the Council of the town district and the Council of the county on the constitution of any new town district as well as in any case where a town district ceases to form part of a county. ( 3 ) As from the time when a town district ceases to form part of a county every road within the town district shall become a town district road, and the control thereof shall vest in the Town Council and not in the County Council, and the Town Council shall thereafter bear the cost of making and maintaining all such roads. (4) The control of all county roads within a dependent town district shall vest in the Council of the county, which shall bear the cost of making and maintaining the same, but every such road shall be subject to any by-law affecting the same for the time being in force made by the Town Council as well as to any by-law made by the County Council. If those by-laws conflict, those of the County Council shall to the extent of their inconsistency supersede those of the Town Council. In this subsection the term" county road" means any road or portion of a road in the district declared by the Governor-General in Council or by the County Council to be a county road: Provided that nothing in this subsection shall derogate from the provisions of subsection one of section one hundred and seventy of this Act.

21 1954 Municipal Corporations No (5) Nothing in this section shall affect the operation of Part VI of the Public Works Act 1928 or of the See Reprint National Roads Act (6) Every dependent town district shall be deemed 1953, No lib to form part of the county within the boundaries of which it is situated, and the property therein shall be subject to the jurisdiction of the County Council. 11. Any area having the qualifications for a town Constitution district prescribed by paragraph (c) of section eight dfs~:i~t!~wn of this Act may at any time be constituted a town district 190B, No. 195, of Statutes, Vol. VII, p. 66B in the manner following: ss. 4 (1), 5, 6, 10, 12 (a) A petition in the prescribed form praying that any area be constituted a town district, 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) Thereupon the provisions of paragraphs (b) to (h) of subsection one and subsections two to seven of section seven of this Act shall apply as if references in those provisions to a borough were references to a town district. Alteration of Boundaries of Districts 12. The boundaries of a district may at any time be altered in the manner following: (a) A petition in accordance with regulations, praying the Governor-General to include in the district any defined adjoining area, whether forming part of another district or not, or, as the case may be, to exclude any defined area from the district and to include it in some other district, whether a borough or town district or not, 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: Alteration of boundaries of districts. 190B, No 195, s.7 s. 136

22 966 No. 76 Municipal Corporations 1954 ( b) The Minister 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 the 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 or addition to any district (whether a borough or town district or not) of part or parts only of the area mentioned in the original petition, or he may direct a Commission, consisting of a Magistrate and two other persons appointed by the Governor-General, 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 the area of any lands) as it deems 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 district, 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 or addition to any district (whether a borough or town district or not) of part or parts only of the area mentioned in the original petition or in the report of the Commission, as he thinks fit:

23 1954 Municipal Corporations No ( 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 district upon the proposal that that area shall be so included or excluded: (f) The Governor-General may make such appointments and arrangements (including the preparation of a voters roll) as he deems necessary for the purposes of taking the 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 the roll of the name of any person entitled to be placed thereon, or the inclusion on the roll of the name of any person not entitled to be placed thereon, shall not invalidate either the roll or the poll. 13. (1) If the Council is of opinion that any lands Are,!-s a.djacent ad]' acent to the district, and not being portion of any be to 11strlct mcluded may other district, ought to be included in the district, the the!t;in on Council may present a petition to the Governor-General b~~~~il.of praying that the boundaries of the district be altered so as to include those adjacent lands. s.137 (2) Every such petition shall define with reasonable certainty the boundaries of the lands proposed to be included, and shall be publicly notified not less than one month before presentation. (3) On presentation to the Governor-General of the petition the Governor-General may, if he thinks fit, direct a Commission, consisting of a Magistrate and two other persons appointed by the Governor-General, to inquire and report to him as to whether the lands defined in the petition, or any part thereof, should be included in the district.

24 968 Payment of costs of Commissions and certain polls under preceding sections. s.138 See Reprint of Statutes, Vo!. I, p Reclaimed land, etc., maybe added to district, and certain land maybe excluded therefrom, on petition of Council No. 30, s.139 No. 76 Municipal Corporations 1954 ( 4) If the Commission reports to the Governor General that those lands, or any part thereof, ought to be included in the district, the Governor-General may by Order in Council alter the boundaries of the district in accordance with the report of the Commission. 14. (1) Every Commission under section seven or section eleven or section twelve or section thirteen of this Act, may make an order pursuant to section eleven of the Commissions of Inquiry Act 1908 as to payment of the costs of the inquiry; and where the inquiry is with respect to the proposed constitution of a new district may if it thinks fit, in exercise of the power conferred by the said section, order that the whole or any portion of those costs shall, if the new district is constituted, be paid by the Council thereof, and that in any other case the amount so ordered to be paid shall be paid by such of the parties to the inquiry and in such proportions as are specified in the order. ( 2 ) The cost of taking any poll under any of those sections shall be defrayed by such of the local authorities concerned, or by such persons being parties to the inquiry preceding the poll, and in such proportions, as the Governor-General by Order in Council directs. (3) Any amount payable by any local authority or other party to an inquiry pursuant to an Order in Council under subsection two of this section shall constitute a debt due to the Crown, and all money so received shall, without further appropriation than this section, be applied in payment of the cost of taking such poll as aforesaid. 15. The Governor-General may from time to time by Order in Council, on the petition of the Council, publicly notified at least one month before presentation, alter the boundaries of a district so as to include therein any land reclaimed from the sea adjacent to the district, or to include therein or exclude therefrom any land that in his opinion should be included in or excluded from the district, as the case may be, and in respect of which there are no electors.

25 1954 Municipal Corporations No (1) Any area included in a borough or town district or any other district under the foregoing provisions of this Part of this Act shall thenceforth form part of that borough or town district or other district accordingly. (2) An alteration may be made under this Part of this Act notwithstanding that the effect of the alteration may be that the district may thereby exceed the limits of area or distance between points prescribed by paragraph (c) of section four or paragraph (c) of section eight of this Act, as the case may be. (3) Where the boundaries of a district are altered under this Part of this Act, the Governor-General may, by Order in Council,- (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 that other district that remaining area shall be added. In this paragraph the term "district" includes a county and a road district: (d) Declare to what other district (whether a borough or town district or county or road district) and subdivision thereof any area excluded from the borough or town district shall belong. General as to alterations of district boundaries. s.140

26 970 Union of adjoining boroughs. s.l , No. 27, s.6 No. 76 Municipal Corporations 1954 Union of Boroughs 17. (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 those boroughs shall be taken on the proposal that the boroughs be constituted one united borough: (b) The poll may be taken pursuant to a special order of the Council of the borough, and shall be taken on a day not less than thirty-five nor more than forty-two clear days after presentation to the Council of a request in writing that a poll be taken, signed by not less than ten per cent of the electors of the 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 the 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 the boroughs one united borough, by such name as is assigned thereto by the Proclamation, and the several boroughs shall, on a date to be specified in the Proclamation, become and be that 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 the limits of area or distance between points prescribed by paragraph (c) of section four of this Act. (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

27 1954 Municipal Corporations No until new valuation rolls and electors lists and rolls and rate books respectively are made for the united borough under this Act. 18. The Governor-General may by Proclamation United borough either declare the united borough to be an undivided ~:Ji~ded or borough and assign thereto such number of Councillors subdivided into as he thinks fit, or divide the united borough into wards, 7;;;sN 30 but so that each ward shall contain a population of not s.142 o., 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 the Proclamation the division into wards theretofore existing of the several boroughs so united shall cease. 19. (1) The Mayor of the borough having the largest constitutio,n of population shall be the first Mayor of the united borough, ~ni~~~tb;!~t and shall continue in office until the coming into office of the first elected Mayor of the united borough; and the s.143 other Mayor or Mayors shall be a Councillor or!.9ih~( 2~3. Councillors of the united borough, and he or they and the Councillors of the several boroughs shall, until the Councillors elected at the first triennial election of Councillors after the said union come into office, be and continue to be the duly constituted Council of the united borough, irrespective of the number of those Councillors, and notwithstanding that the number may exceed that allowed by this Act. (2) Notwithstanding anything in subsection one of this section, in the case of any borough uniting with any of the cities of Auckland, Wellington, Christchurch, and Dunedin, the number of members of the Borough Council who shall be Councillors of the united borough in addition to the Mayor and Councillors of the city shall be calculated as follows: (a) Where the population of the uniting borough does not exceed five thousand, one member: (b) Where the population of the uniting borough exceeds five thousand but does not exceed ten thousand, two members: (c) Where the population of the uniting borough exceeds ten thousand, three members. (3) The member or members of the Borough Council to be Councillor or Councillors of the united borough pursuant to subsection two of this section shall be chosen by that Borough Council, and for the purpose

28 972 First election of Councillors of united borough No. 30, s.144 Property of united borough. ~. 145 Union of boroughs with town districts and road districts. s , No. 53, s.2 (3) (4) No. 76 Municipal Corporations 1954 of making that choice, but for no other purpose, the Borough Council shall, where necessary, continue in office after the constitution of the united borough. 20. At the first triennial eleetion of Councillors after that union the electors of the united borough or of each ward shall elect the number of Councillors assigned to it by the said Proclamation. 21. (1) All property and the control of any land or thing vested at the time of any such union in the Corporation or Council of any of the several boroughs shall on that union be vested in the Corporation and the Council respectively of the united borough; and all liabilities and engagements of those Corporations or of any of them, and all proceedings pending by or against any of those 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, and all such other rights and authorities of any nature whatever 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 that Act shall, with the necessary modifications, apply to the united borough. 22. (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 subsection one of section nineteen of this Act, only three members of a Town Council (to be chosen by the Town Council) 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 Proclamation effecting the union or by a subsequent Proclamation in that behalf, shall be Councillors of the united borough. (3) The provisions of subsections two and three of section nineteen of this Act shall, with the necessary modifications, apply in the case of any town district or road district uniting with any of the cities of Auckland, Wellington, Christchurch, and Dunedin.

29 1954 Municipal Corporations No Alterations Within Boroughs 23. (1) At any time and from time to time, but Creation of b. h h.. f d h h wardsand su Ject III eac case to t e provisions 0 an WIt III t e alteration of limits fixed by this Act, the Council of any borough may ~a~ds in b. 1 d d divided y specia or er gazette - boroughs. (a) Alter the boundaries of any of the wards of the borough or wholly redivide the borough into s. 148 wards: (b) Name or rename any ward: ( c ) 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 proportionate to the number of electors of each ward: (d) Abolish all wards in the borough and fix the number of Councillors for the undivided borough: (e) 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 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. (3) While any such order remains in force the provisions of section ninety-one, of paragraph (d) of section one hundred and twenty-one, and of section one hundred and twenty-two of this Act shall not apply to the borough. 24. (1) A copy of every special order made by any Council creating or abolishing 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 Secretary for Internal Affairs and shall be gazetted free of charge, and the special order shall take effect only from the date of that gazetting or from some later date specified in the special order. (2 ) No such special order other than one abolishing wards shall be gazetted unless it is previously sent to the Chief Surveyor of the land district in which the borough is situated, together with a plan showing the boundaries of the wards affected by the change, and unless the Special orders creating or altering wards to be gazetted. 1933, No. 3D, s.149

30 974 Election of Councillors on creation or alteration of wards. s , No. 16, s. 103 (1) Altered boundaries to be gazetted. s.147 No. 76 Municipal Corporations 1954 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 sufficient evidence for all purposes to prove that the special order was duly made. 25. (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,- there shall be a general election of Councillors. (2) In any case where- ( a) The boundaries of any ward are altered; or ( b) The number of members for any ward is altered; or (c) Any adjoining area is included in a borough, and added to an existing ward,- there shall be a general election of Councillors for that ward. (3) In any case where any such area is so included and forms a new ward or wards there shall be an election of Councillors for the new ward or wards. Notification of Altered Boundaries of Districts 26. Whenever a new district is constituted or the boundaries of an existing district are altered, the boundaries of the district and of every other borough or county or town district or road district and of every ward, riding, or other subdivision affected by the constitution or alteration shall be defined by notice in the Gazette under the hand of the Secretary for Internal Affairs.

31 1954 Municipal Corporations No Financial and Other Adjustments 27. (1) Upon the constitution of a new district, or Financial any alteration of the boundaries of a district, the several adjus~te.nts fn consutu IOn 0 local authorities affected may, by agreements executed district, or on under the common seals of their respective Corporations, bltera;o~ of make such an adjustment of property, liabilities, con- 1;~~ ~:~30 tracts, and engagements, and all rights and authorities s. 15i ' of any nature whatever, between the new district and the other district (whether a borough or town district or county or road district) out of which its area has been taken, or between any such districts affected by the alteration of boundaries, as those local authorities think fit, and every such agreement shall be enforceable accordingly; but, in default of any such agreement, it shall be lawful for the Governor-General to make the adjustment. (2) The provisions of the Third Schedule to this Act shall apply to every adjustment made under this section. (3) Where, pursuant to any adjustment made under this section on the severance or addition of any area from or to a district, any liability is imposed on the Council or on any other local authority, it shall be lawful for the Council or that local authority to borrow by way of special loan under the Local Bodies' Loans Act 1926 by See Reprint special order, and, notwithstanding anything in section of Statutes, th h' f h Vo!. V, p. 360 nine 0 f t h at A et, Wl out t e prior consent 0 t e ratepayers, an amount not exceeding the liability so imposed, and the Council or other local authority may, if it thinks fit, secure the repayment of the same by a special rate over the area SO severed or added, as the case may be. 28. (1) No action taken under this Part of this Act Alterations shall affect any separate rate or special rate, and every ~~;:~:r~~t such rate shall continue to be charged upon the whole special rates, or f h h h. h db f h. the expenditure o t e area upon w IC It was c arge e ore t at action of loan money. was taken, and shall not by reason thereof become a 1908, No. 195, ch~rge upon any additional area; and the area within ;'9~~, No. 30, which any unexpended loan money may be expended s. 152 shall not be affected by the taking of that 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.

32 976 No. 76 Municipal Corporations 1954: PART II District electors list. 1908, No. 195, ss. 16,17 s , No. 43, s , No. 6, s , No. 27, s.2 (9) 1948, No. 15, s , No. 16, s.102 ELECTORS, ELECTIONS, AND POLLS District Electors List and Roll 29. (1) On or before the thirty-first day of July in every year in which a general election of the Council is to be held, the Town Clerk of the district 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 anyone 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 or town district to which the list relates, whether subject to encumbrances or not, and notwithstanding that any other perstjn 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 or town district 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 district during the three months then last past and is a British subject or has the status of a British subject or is an Irish citizen. For the purposes of this paragraph a person shall be deemed to reside in the place in which he has his permanent home. ( 2) Where any area has been added to a district, whether before or after the commencement of this Act, every person who has resided in that area during any period before it was so added shall be deemed for the purposes of paragraph (c) of subsection one of this section to have resided during that period in the district.

33 1954 M unicipal Corporations No (3) It shall be the duty of the Town Clerk to enter on the district electors list the name of every person who, to the Town Clerk's knowledge, possesses any qualification entitling him to be entered thereon, or who in the prescribed form makes claim to be entered thereon: Provided that the Town Clerk, if the Council so directs, shall not, except pursuant to a claim in the prescribed form, place on the district electors list the name of any person whose name appeared by virtue only of a residential qualification on the district electors roll in force for the last general election of Councillors if that person, not being a candidate and not having voted at that election, did not vote at anyone of any subsequent elections of a Councillor or Councillors at which he was entitled to vote. (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. 30. Where the property in respect of which a freehold or rating qualification is possessed is situate partly in one ward and partly in another ward of the same borough, that 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 that ward alone. 31. (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 a town district or of any ward of a divided borough. (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 o( his rating qualification only. B-1O Qualification in respect of property situated in two or more wards. s.7 Elector's name to appear once only on list. s.8

34 978 Objections to district electors list or roll. 1933, No. 33, s.9 Council may amend list or roll. s , No. 27, s.2 (9) No. 76 Municipal Corporations 1954 (3) Except as provided in subsection two of this section, 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. 32. (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 that 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. 33. (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 the 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 state.ment of the names, addresses, and qualifications of persons enrolled thereon.

35 1954 Municipal Corporations No (3) The functions conferred upon the Council by this section shall be exercised by the Town 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 September (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. 34. (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 initialed by the Magistrate. 35. (1) The district electors list of each district or ward shall be corrected, completed, and authenticated in the prescribed manner and time, and shall, on the first day of October next ensuing, become the district electors roll of the district or ward, and shall remain in force until another district electors roll comes into force for the same district 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 elector~ 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. B-lO* Appeals to Ma!!istrate in respect of district electors list or roll No. 3D, s.l1 District electors rolls. 1933, No. 3D, s , No. 27, s.2 (9)

36 980 Combined roll. s.14 Electors and voting power No. 30, s No. 27, s.9 (2) Use by other authorities of district electors roll. s. 16 No. 76 Municipal Corporations (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 or of a town district, the Town Clerk shall prepare from the district electors roll or rolls a roll comprising all the electors or ratepayers entitled to vote at that election or poll, but so that no person's name shall appear more than once on that 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) Every such roll shall be prepared, corrected, completed, and authenticated in the prescribed time, manner, and form. 37. (1) Unless he has ceased to possess a qualification as an elector, every person whose name appears on the district electors roll for the time being in force for any district or ward shall be an elector for the purposes of this Act, and shall be entitled to vote at every poll taken for any election under this Act with respect to that district or ward; and also at every poll taken on any proposal that under this Act or any other Act is submitted to the votes of the electors or ratepayers of that district or any part thereof: Provided that he shall not be entitled to vote at a poll taken on any proposal relating to loans or rates by virtue only of a residential qualification. (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. 38. All local authorities or other public bodies entitled to use the district electors roll of any district or ward for the purposes of the election of their members or for polls taken by them shall pay to the Council a fair proportion

37 1954 Municipal Corporations No of the cost of making and printing the roll. That proportion shall, in case of dispute, be fixed by the Audit Office. Elections and Polls 39. (1) All elections under this Act, and all polls Local Elections taken on any proposals that under this Act or any other i9~t~~i;te~. Act are submitted to the votes of the electors or rate No. 195, payers of the district, or of any ward or other defined s. 3 portion thereof, shall, subject to the provisions of this 1908, No. 214, Act, be held and conducted under the provisions in that ~'9~3, No. 30, behalf of the Local Elections and Polls Act s.17 (2) Nothing herein shall affect the provisions of the S1953 R, No: 16 ee epnnt Local Bodies' Loans Act 1926; and all proceedmgs for of Statutes, the raising of loans in the district shall be taken under Vol. V, p. 360 that Act and not under this Act. PART III MAYOR AND CHAIRMAN Mayor at a Borough 40. (1) There shall be a Mayor of every borough, who, save as otherwise provided in this Act, shall be elected by the electors of the borough on every day on which a triennial election of Councillors is held. (2) Where upon the constitution of a new borough an election of a Mayor is held within twelve months of the time fixed for any triennial election of Mayor it shall not be necessary to hold that triennial election, but the Mayor shall, unless he sooner vacates office as provided in section forty-one of this Act, remain in office until his successor elected at the next succeeding triennial election 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. (5) If a Councillor is elected to be Mayor, his office as an elected Councillor shall be vacated on his coming into office as Mayor. Triennial election of Mayor. s No. 43, s.4 (b) 1953, No. 16, s.102

38 982 No. 76 M unicipal Corporations , No. 16 Vacation of office by Mayor. s , No. 3, s , No. 60, s.23 (6) The Mayor shall come into office as follows: (a) In the case of a triennial election, if he is declared elected pursuant to section seventeen of the Local Elections and Polls Act 1953, he shall come into office on the seventh day after the day appointed for that triennial election, but if he is declared elected pursuant to section forty-one or section forty-two of that Act he shall come into office on the first Wednesday following the day on which the Returning Officer's declaration is made: ( b) In the case of any other election he shall come into office on the day next after the day on which pursuant to the said section seventeen or the said section forty-one or the said section forty-two, as the case may be, he is declared to be elected, or, as the case may require, at the time when he is elected by the Council under subsection three of section forty-one of this Act. (7) The Mayor shall, unless he sooner vacates office as provided in section forty-one of this Act, continue in office until his successor comes into office. 41. (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 oust er from office of the Mayor, or his absence without the leave of the Council from four consecutive ordinary meetings thereof, his office shall become vacant, and the vacancy shall be deemed to be an extraordinary vacancy. ( 2) If such a vacancy occurs earlier than one year before the date fixed for the next triennial election under section forty of this Act, his successor shall be elected by the electors of the district. ( 3 ) If such a vacancy occurs not earlier than one year before the date fixed for the next triennial election, his successor shall be elected by the Council; and for the purpose of that election the Town Clerk shall forthwith convene a special meeting of the Council, but no such resolution or requisition as is mentioned in section seventysix of this Act shall be necessary. (4) 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 subsection five of this section, be thereby vacated.

39 1954 Municipal Corporations No (5) If that election occurs within six months before the date fixed for the next triennial election, the Councillor so elected as Mayor shall not vacate his office as Councillor, but shall not by virtue of this subsection be entitled to more than one vote on any question put to the vote at any meeting of the Council. 42. The Mayor, before exercising any of the duties of his office, shall make and sign in the presence of the Council a declaration in the form in the Fourth Schedule to this Act. That declaration shall be attested by a Councillor and the Town Clerk, or in case of the illness or other incapacity of the Town Clerk, by some other officer of the Council appointed for the purpose. 43. The Mayor, not being the holder of a publican's or accommodation or tourist house or wholesaler's licence under the Licensing Act 1908, shall be a.justice of the Peace during the time he holds the office of Mayor. 44. The Town Clerk shall, upon every election of a Mayor, forthwith give notice to the Secretary for Internal AHairs of the result thereof. 45. ( 1) The Mayor may be paid such annual allowance out of the District Fund as the Council from time to time fixes, not exceeding,- (a) In the case of a borough having a population of not more than twenty thousand, five hundred pounds: ( b) In the case of a borough having a population of more than twenty thousand but not more than fifty thousand, seven hundred and fifty pounds: (c) In the case of a borough having a population of more than fifty thousand, one thousand pounds,- but no alteration in the amount of that allowance shall take effect during the term of office of any Mayor. Mayor to make declaration. s.25 Mayor to be Justice of Peace by virtue of office. s.26 See Reprint of Statutes, Vol. IV, p.234; reprinted 1951, p. 946 Notice of election to be given to Secretary for Internal Affairs. s.27 Annual allowance to M2yor. s , No. 92, s.2

40 984 Appointment of Deputy Mayor. ss. 29, 30 Chairman of town district. 1908, No. 195, s , No. 43, s.8 Annual allowance to Chairman. 1936, No. 58, s.76 No. 76 Municipal Corporations 1954 (2) For the purposes of this section- (a) The certificate of the Government Statistician as to the population of any borough at any date shall be conclusive evidence thereof: (b) A person re-elected as Mayor shall be deemed to be a new Mayor. 46. (1) 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 that consent, shall, until the Mayor resumes his duties or a new Mayor comes into office, have all the authority of the Mayor, except the authority to act as a Justice of the Peace by virtue of his office. (2) A minute made and authenticated in the prescribed manner of the appointment of any person as Deputy Mayor shall be sufficient evidence of the validity of the appointment of that 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. Chairman of a Town District 47. (1) The Councillors present at the first meeting of a Town Council after its election shall elect a Councillor to be Chairman, who, so long as he continues to be a Councillor, shall continue to be Chairman until the next triennial election of the Council, or until, by writing addressed to the Council, he resigns his office as Chairman, in which case the Council at its next meeting shall elect some other Councillor to be Chairman as in the case of his predecessor. (2) The Town Clerk shall, upon every election of a Chairman, forthwith give notice thereof to the Secretary for Internal Affairs. 48. (1) The Chairman may be paid out of the District Fund such annual allowance, not exceeding fifty pounds, as the Council from time to time fixes, but no alteration in the amount of that allowance shall take effect during the term of office of any Chairman. (2) For the purposes of this section a person reelected as Chairman shall be deemed to be a new Chairman.

41 1954 M unicipal Corporations No PART IV CONSTITUTION AND AUTHORITY OF COUNCIL Capacity of Council 49. There shall be a Council for every district. That Council may be described as "The [Name of borough] Borough Council" or "The [Name of city] City Council" or "The [Name of town district] Town Council ", as the case may require. 50. The Corporation of a district shall be capable of acting by the Council of the district, and the Council shall exercise all the powers vested by this Act or otherwise in the Corporation it represents. Joint Action by Several Councils 51. (1) The Council may unite with other Councils or with any other local authorities within the meaning of the Local Government Loans Board Act 1926 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 their respective districts, or as to the control or management by one or more of those local authorities of any such thing. (2) For any such purpose the 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. (3) Without limiting the general power to make regulations conferred by section four hundred and ten of this Act, regulations may be made under that section prescribing the manner in which local authorities may unite in any joint act. Borough Councils, City Councils, and Town Councils. 1908, No. 195, s. 13 (1) s.31 Corporation to act by Council. s.32 Councils may unite in joint contracts and works. s.33 See Reprint of Statutes, Vol. V, p. 415

42 986 Councils may unite in joint purchase, operation, and maintenance of plant and machinery. S. 33A 1953, No. 92, s.3 See Reprint of Statutes, Vol. V, p.415 Constitution of Council. 1908, No. 195, s. 13 (3), (4) No. 30, ss. 34, 150 (1) Election of Councillors No. 76 Municipal Corporations The Council may unite with other Councils or with any other local authorities within the meaning of the Local Government Loans Board Act 1926 in the purchase, operation, and maintenance of plant and machinery upon such terms and conditions as may be agreed upon, and for that purpose those local authorities may enter into contracts (being within their several powers) 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. Qualification and Election of Councillors 53. (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: ( c) In the case of a town district, of not less than five nor more than seven Councillors. (2) Subject to subsection one of this section, the Council may at any time and from time to time, by special order gazetted, alter the total number of Councillors. (3) In any case where the total number of Councillors is altered otherwise than is provided in subsection two or subsection three of section twenty-five of this Act there shall be a general 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 to hold an election of the full number of members of the Council, but an election of a sufficient number of Councillors to make up the increased number shall be held. (4) There shall be at least one Councillor for each ward of a divided borough. 54. (1) Members of the Council of an undivided borough or of a town district shall be elected, in manner provided in Part II of this Act, by the electors of the district.

43 1954 M unicipal Corporations No (2) In the case of divided boroughs the members to represent the respective wards shall in like manner be elected by the electors of those wards respectively. 55. Subject to section fifty-six of this Act 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. Electors qualified for election as Councillors. 1908, No. 195, s. 19 s The following persons shall be incapable of being Disqualification elected to be a Mayor or Councillor, that is to say: c f Ma~ollr ouncl or. or (a) Any person who is not an elector or who does not possess a qualification as an elector: s.37 (b) An alien: :.9n'l~o. 17, (c) A mentally defective person within the meaning 1948, No. 60, of the Mental Health Act 1911: s. 24 (d) A bankrupt who has not obtained his order of :?fj3 ~l> 16, discharge, or whose order of discharge is sus- See Reprint pen d e d f or a term not yet expire. d, or IS. of vo!. Statutes, V. p. 743 subject to conditions not yet fulfilled: ( e) 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. 57. (1) If any person, while holding office as Mayor Extraordinary or Councillor,- vacancies. (a) Ceases to be an elector or ceases to possess a s , No. 195, qualification as an elector; or 1933, No. 3U, (b) Becomes a mentally defective person within the s.38 meaning of the Mental Health Act 1911; 1934,No.17, s.9 (1) or No. 16, 55. (c) Is adjudged a bankrupt; or 102, 103 (1) (d) Is convicted of any offence punishable by imprisonment,- his office shall be thereby vacated. (2) If any person does any act as a Mayor or Councillor, being incapacitated under subsection one of this section except under paragraph (b) thereof, or before he has made and subscribed a declaration in the form in the Fourth Schedule to this Act, he commits an offence against this Act:

44 988 No. 76 Municipal Corporations 1954 Declaration by Councillor. s.41 Vacation of office by Councillor. 1908, No. 195, s.22 s.43 Candidate not eligible for nomination for more than one ward. s.45 Special provision where same person elected to be both Mayor and a Councillor. s , No. 16 Provided that the act of taking or attesting the declaration of any Mayor or Councillor, as required by section forty-two or by section fifty-eight of this Act, or the act of appointing an officer of the Council to act in place of the Town Clerk for the purpose of either of those sections, shall not be deemed to be an act as a Mayor or Councillor 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 to be credited to the Consolidated Fund. 58. No person shall be capable of acting as Councillor until he has made and signed a declaration in the form in the Fourth Schedule to this Act. That declaration shall be attested by the Mayor or Chairman, as the case may be, or by any Councillor or by the Town Clerk, or, in case of the illness or other incapacity of the Town Clerk, by some other officer of the Council appointed for the purpose. 59. Any Councillor may resign his office by writing under his hand delivered to the Mayor or Chairman, as the case may be, or to the Town Clerk; and in that 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. 60. If any candidate consents to be nominated for more than one ward at any election in a divided borough his nomination shall in every case be void. 61. (1) If at any elections of Mayor and of a Councillor or Councillors held on the same day any person is declared to be elected both to be the Mayor and a Councillor of any borough, and is not deprived of either such office pursuant to a recount under section forty-two of the Local Elections and Polls Act 1953 or on a petition under section sixty-six of that Act, he shall be deemed to have vacated his office as a Councillor,

45 1954 Municipal Corporations No and thereupon the Returning Officer shall, notwithstanding anything to the contrary in any Act, give an amended public declaration of the result of the poll by declaring to be elected instead of that person the unsuccessful candidate who received the highest number of votes at the poll. ( 2) In every such case as aforesaid the period of fourteen days mentioned in section sixty-six of the Local Elections and Polls Act 1953 shall, with respect to the person declared by that amended declaration to be elected, commence to run as from the date of the amended declaration. (3) In any case where there is no other candidate who may lawfully be declared to be elected by means of an amended declaration as aforesaid, an extraordinary vacancy in the office of Councillor shall be deemed to have occurred. Ouster of Office 62. (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 district, 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 that office to show cause why he should not be adjudged to be ousted of the same. (2) If on the return of that summons it appears to the Court, on affidavit, or oral evidence on oath, that that person is incapable under this Act of holding the said office, the Court may adjudge that person to be ousted of the same, and he shall be ousted of his 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 the 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. 1953, No. 16 Ous ter of office of Mayor or Councillor. 1908, No. 195, s , No. 30 s.47

46 990 No. 76 Municipal Corporations 1954 Council may appoint standing or special committees. s , No. 92, s.4 See Reprint of Statutes, Vo!. VII, p , No , No. 91 Chairman of committee No. 30, s.49 Discharge, etc., of committee. s.50 PART V COMMITTEES 63. (1) The Council may from time to time appoint standing or special committees consisting of two or more persons, and may refer to any such committee any matters for consideration, or inquiry, or management, or regulation; and may delegate to any such committee any of the powers and duties conferred or imposed upon the Council by this Act or any other Act, except- ( a ) The powers and duties conferred or imposed upon the Council by the Public Works Act 1928, the Housing Improvement Act 1945, or the Town and Country Planning Act 1953: (b) The power to borrow money, to make a rate, to make a by-law, to enter into a contract, or to institute an action: Provided that no appointment of any committee or of any person to a committee shall be made by any Borough Council at any time after the day fixed for the election of a new Mayor until the new Mayor has come into office. (2) It shall not be necessary that any person appointed to be a member of a committee under this section shall be a member of the Council. 64. (1) The Council may appoint a member of any committee to be the permanent Chairman thereof, and that power may be exercised by the committee where the Council, on the appointment of the committee, does not appoint a Chairman.. (2) Any committee may from time to time appoint a deputy Chairman to act in the absence of the Chairman. 65. (1) The Council may at any time, and from time to time, discharge, alter, continue, or reconstitute any committee or discharge any member of a committee, and, if it thinks fit, appoint another member in his stead. (2) Every committee shall, unless sooner discharged by the Council, be deemed to be discharged on the coming into office of the Councillors elected at the triennial or other general election of the whole Council next after the appointment of the committee.

47 1954 Municipal Corporations No 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. 67. 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 the committee or its affairs. 68. (1) The Council may unite with anyone or more local authorities within the meaning of the Local Government Loans Board Act 1926 in appointing a joint standing or special committee for any purpose in which the Council and the local authority or local authorities are jointly interested, and all such local authorities are hereby authorized to unite with the Council for that purpose. (2) Instead of appointing by name every member of the committee, the Council may fix the total number of members to be appointed, and may delegate the appointment of a specified number of members to the other local authority, or, as the case may be, to each of the other local authorities. (3) Any committee appointed under this section shall be deemed to be both a committee of the Council and (subject to the law for the time being applicable to committees of any other participating local authority) a committee of the other local authority. (4) So far as the committee is a committee of the Council the provisions of subsection two of section sixtyfour and of section sixty-five of this Act shall apply thereto, save that the powers to discharge any individual member and appoint another in his stead shall be exercisable by the Council or other local authority that made the appointment. ( 5) The power conferred upon the Council by section sixty-four of this Act to appoint a Chairman of a committee shall not apply to a committee appointed under this section, but the committee may from time to time appoint and remove its own Chairman. C0InI?ittee may exercise delegated powers Committee to be subject to direction by Council. s.52 Joint committees. s.53 See Reprint of Statutes, Vol. V, p. 415

48 992 No. 76 Municipal Corporations 1954 Open voting. 1908, No. 195, s. 31 (c) s.54 Mayor or Chairman to preside at Council meetings. 1908, No. 195, s. 31 (b) s.55 bp-.i' Ife. I. Member of Council or committee not to vote on question in which he has pecuniary interest. 1908, No. 195, s. 31 (e) s.56 Quorum of Council and of committee. 1908, No. 195, s.31 (d) s.57 PART VI PROCEEDINGS OF COUNCIL AND COMMITTEES Proceedings Generally 69. Every question coming before the Council or any committee shall be decided by open voting. 70. (1) At every meeting of a Borough Council the Mayor, if present, or, in his absence, the Deputy Mayor (if any), shall be Chairman. (2) At every meeting of a Town Council the Chairman shall preside. ( 3) At every meeting of any committee the permanent Chairman thereof, if present, shall be Chairman. ( 4) If the Mayor and the Deputy Mayor (if any) are absent from any meeting of a Borough Council, or if the Chairman is absent from any meeting of a Town 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 the Council meeting or committee meeting, as the case may be. 71. (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, any pecuniary interest apart from any interest in common with the public. (2) A member who knowingly offends against this section commits an offence against this Act, and upon conviction his seat in the Council and in any committee shall become vacant. 72. (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 the members when the number is odd. (2) The Council may fix the quorum of any committee appointed by it, and in default of the Council's so doing the committee may fix the quorum.

49 1954 Municipal Corporations No (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. 73. (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 under this Act or 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. 74. 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 that act or proceeding, or of the subsequent discovery that there was some defect in the election or appointment or a failure to make the prescribed declaration or a defect in the declaration of any person so acting, or that he was incapable of being such a member. 75. (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 elector, 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 those proceedings and of the validity thereof. Special Meetings and Special Orders 76. (1) A" special meeting" means a meeting called pursuant to a resolution of the Council or to a requisition in writing delivered to the Town Clerk and signed by the Mayor or Chairman, as the case may be, or by any number of Councillors being not less than one-third of the total membership of the Council (excluding, in the case of a Borough Council, the Mayor), specifying the time and place at which the meeting is to be held and the business to be brought before the same. Questions to be decided by majority of votes. 1908, No. 195, s. 31 (c) s.58 Proceedings not to be invalid by reason of irregularities in election of Councillors, etc. 1908, No. 195, s. 31 (n) s.59 Minutes of proceedings of Council. 1908, No. 195, s.31(o)(p) (q) s.60 Special meetings. 1908, No. 195, s. 31 (k) (m) s No. 3, s. 4

50 994 No. 76 Municipal Corporations 1954 Special orders. 1910, No. 6, s No. 30, s , No. 3, s , No. 60, s.69 Evidence of special orders. s.63 Proce~dings for quashing of special orders. s.64 (2) Notice in writing of the time and place of the meeting, and of that business, shall be given under the hand of the Town Clerk to every member of the Council two clear days before the day appointed for the meeting. 77. The power given by this Act to do anything by special order shall be exercised by the Council only as follows: (a) The resolution to do such thing shall be passed at a special meeting: (b) The resolution shall be confirmed at a subsequent meeting (either ordinary or special) held not sooner than the twenty-eighth day after the day of the special meeting, and not later than the forty-second day after that special meeting: ( c ) Public notice of the place and date fixed for the subsequent meeting and of the purport of the resolution shall be given twice during the period of twenty-eight days immediately preceding the date of the subsequent meeting, with an interval of not less than fourteen days between the two notifications: (d) Written notice of the time and place of the subsequent meeting under the hand of the Town Clerk, shall be given to each member of the Council one clear day before the subsequent meeting, which notice shall refer to the said resolution: (e) The notice directed to be given by paragraph (d) of this section shall suffice, even though the subsequent meeting may be a special meeting. 78. 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 the document purports to be a copy has been duly made in accordance with this Act, unless the contrary is proved. 79. No special order shall be quashed by any proceedings in any Court or otherwise unless the proceedings are commenced within six months from the making of the special order.

51 1954 M unicipal Corporations No Rules of Procedure 80. 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 meetings, and regulating the business that may be transacted thereat: (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: (I) 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, interest, or advantage under any document having or about to have the common seal aftixed 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 herein before referred to. PART VII OFFICERS 81. (1) The Council may by resolution from time to time appoint fit persons to be Town Clerk, Treasurer, Engineer, and all such other officers and servants as it thinks necessary to assist in the execution of this Act, and may pay those persons such salaries and allowances (including allowances and travelling expenses in respect of their attendance at any conference or meeting) as it thinks fit. By-laws as to proceedings of Council. 1908, No. 195, ss. 28, 31 (a), (f)-(j) 5.65 Council may appoint officers No. 195, ss. 30, , No. 3, s No. 16, s. 103 (1)

52 996 Acting officers. s.67 Council may contract with officers and servan ts as to tenure of office. s.68 No. 76 Municipal Corporations 1954 (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) One person may hold two or more of such offices. (4) Subject to section eighty-three of this Act, any officer or servant of the Council may be at any time removed from office by the Council. 82. (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 that 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: Provided that in any case of emergency an acting officer may be appointed by the Mayor or Chairman, as the case may be, to hold office until the next meeting of the Council. (2) A minute made and authenticated in the prescribed manner, or, as the case may be, an appointment in writing under the hand of the Mayor or Chairman shall be sufficient evidence of the validity of the appointment of any person as an acting officer and of his continued authority to act as such, and shall relieve all persons concerned from the necessity of making any inquiries in the matter. 83. (1) Notwithstanding anything to the contrary in this Act or in any rule of law, the Council may enter into an agreement in writing with any person whom it proposes to appoint, or who has been appointed, an officer or servant of the Council to the effect that he shall not be removed from office save as provided in the agreement or except for conduct justifying summary dismissal- ( a ) During such period (not exceeding three years from the date of his appointment or the date of the agreement, as the case may be) as is specified in the agreement; or ( b) Except after such notice, not exceeding three months, as may be specified in the agreement in that behalf.

53 1954 Municipal Corporations No ( 2 ) Any agreement to which paragraph (a) of subsection one of this section relates may from time to time be renewed for any period not exceeding three years at anyone time from the date of that renewal. PART VIII THE DISTRICT FUND 84. There shall be for every district a fund to be termed "the District Fund", consisting of the following money, that is to say: ( a) All money received by way of grant from the Government, or by appropriation of Parliament, or pursuant to any Act: (b) All fees, fines, forfeitures, and other sums whatsoever received under this or any other Act: (c) The proceeds of all rates made and levied by the Council under this or any other Act: (d) All rents and profits received from property of any kind vested in the Corporation: (e) All money received on account of waterworks, electricity works, gasworks, transport services, cemeteries, crematoria, reserves, recreation grounds, houses, and public buildings and institutions: (I) All money received by way of loan otherwise than under the Local Bodies' Loans Act 1926: (g) All money received by way of subscription or voluntary contribution: ( h) All money received and held by the Council by way of deposit or in trust for any person or special purpose: (i) All other money which may become the property of the Corporation or of the Council. 85. (1) Subject to the provisions of section one hundred and nine of the Public Revenues Act 1953, the Registrar or other proper officer of the Court in which any fines payable in whole or in part to the Council are recovered under the provisions of this or any other Act shall pay the same to the Council, or as much thereof as is payable to the Council, at such times and in such manner as the Minister of Finance directs. It"',. )I District Fund. 1908, No. 195, s.41 s.70 See Reprint of Statutes, Vol. V,p. 360 Payment of fines to Council. 1908, No. 195, s.42 s , No. 73

54 , No. 73 Money belonging to Corporation to be paid into bank. 1908, No. 195, 5.43 ~~.~ It 101_. Ii 1:"."., 1.' How money to be withdrawn from bank , No. 60, , No. 92, s.5 No. 76 Municipal Corporations 1954 ( 2 ) The Registrar 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 to the Council. (3) Except as otherwise provided in this or any other Act, all fines recoverable under this Act shall be payable to the Council. ( 4) Whenever any fines which ought to be paid to the Council are by law required or permitted to be paid in stamps, and have been so paid, the Registrar 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, but subject to the provisions of section one hundred and nine of the Public Revenues Act 1953, shall pay the amount of those fines out of the Consolidated Fund to the Council. 86. (1) All money belonging to or held in trust by the Corporation shall be paid into such bank as the Council from t~me to time appoints and publicly notifies (hereinafter referred to as the bank). ( 2 ) All money 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 money 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, and shall, if so directed by the Audit Office, pay into a separate account at the bank all money accruing from any public undertaking or work controlled by it, or money appropriated or held by it for any special purpose. 87. (1) No money shall be drawn out of the bank except by authority of the Council; and all money shall be paid by the Corporation in cash, or by cheque signed by the Treasurer and countersigned by any Councillor whom the Council from time to time authorizes to sign cheques.

55 1954 Municipal Corporations No (2) Notwithstanding anything to the contrary in subsection one of this section, it shall be lawful in the case of any city for any money to be paid by the Corporation by cheque signed by the Treasurer and countersigned by any two of such other officers of the Council as the Council by resolution from time to time appoints for defined periods for the purpose of signing cheques. A schedule of all amounts to be paid in this manner shall be prepared and submitted to the Council for approval before payment is made. Imprest Account 88. (1) A Council may, pursuant to a resolution in that behalf, establish an Imprest Account, which shall, be kept at the bank at which the District Fund Account is kept. (2) The Imprest Account may be held jointly in the names of and be operated on by the Treasurer and one other person to be appointed in that behalf by the Council, or may with the express approval in writing of the Audit Office, but not otherwise, be in the sole name of and be operated on by the Treasurer or other approved officer of the Council. Where the Imprest Account is held jointly in the names of the Treasurer and of one other person as aforesaid, the last-mentioned person shall be either a responsible officer of the Council or a member of the Council. (3) The Council shall from time to time by resolution fix the maximum amount that may be held at any time in the Imprest Account, not exceeding seventy-five pounds in any case where the Imprest Account may be operated on by one person acting alone, and not exceeding such amount as the Audit Office may approve in any other case. (4) Money in the Imprest Account shall be available only for the payment of wages and of emergency expenditure. A statement of all payments made from the Imprest Account shall be submitted to the Council for approval at its first ordinary meeting thereafter. The payment of money out of the Imprest Account for any purpose not hereby authorized shall be deemed to be the misappropriation of the funds of the Council. Council may establish an Imprest Account. s , No. 26, s.54

56 1000 Deposit at interest. s.76 No. 76 Municipal Corporations 1954 (5) The provisions of sections eighty-six and eightyseven of this Act shall be read subject to the provisions of this section. Deposits 89. The Council may, in any case where it is deemed advisable that any sum of money at credit of any account (other than a separate account for a loan) should be placed on deposit at interest, deposit that sum of money with any bank approved by the Council or, with the consent of the Governor-General in Council, may deposit that sum with any other local authority entitled by law to receive money on deposit. PART IX General rates. 1908, No. 195, s.35 s , No. 60, s , No. 91, s.36 General rate in divided borough. s.78 Annual estimates of expenditure. 1908, No. 195, s.36 s , No. 92, s.6 RATES General Rates 90. The Council may from time to time, as it thinks fit, make and levy on all rateable property within the district a general rate not exceeding in anyone year three shillings in the pound upon the annual value of that rateable property or twopence halfpenny in the pound upon the capital value thereof. 91. 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 anyone or more of the wards may vary from that in another or others: Provided that the maximum general rate to be made and levied in anyone year in any ward shall not exceed the rates prescribed by section ninety of this Act. 92. 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 that 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 that estimate, being approved

57 1954 Municipal Corporations No by the Council, shall be publicly notified in the district not less than fourteen days before making the proposed rate. General Separate Rates 93. (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 (in this Act referred to as separate rates), and may levy those rates within the whole district, or, as the case may be, within the ward or portion receiving the benefit 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 anyone year within the whole district 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. 94. (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 the rate or in connection with its expenditure. (2) The amount so deducted shall form part of the ordinary revenue of the Corporation of the district, and may be applied accordingly. (3) The remainder of the separate rate shall be expended in the ward or portion as aforesaid within which it was levied. Separate rates. 1908, No. 195, s.37 s.80 Application of proceeds of separate rate. 1908, No. 195, s. 37 (3) s.81

58 1002 Water rates. s , No. 92, s. 7 (l) No. 76 Municipal Corporations 1954 Particular Separate Rates 95. (1) Subject to the provisions of sections ninetysix and ninety-seven of this Act, in every district giving a water supply the Council may make and levy water rates in accordance with this section. (2) Water 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 shall be based on the annual value, as appearing on the valuation roll, of the property in respect of which those ra tes are levied. (4) In respect of the ordinary supply to lands and dwellinghouses to which water is supplied the rate shall be either a uniform rate or a graduated rate, as the Council may from time to time determine. (5) Where a uniform rate is charged it shall be computed as follows: (a) Where the annual value does not exceed twelve pounds ten shillings, the rate shall not exceed one pound per annum: ( b) Where the annual value exceeds twelve pounds ten shiilings, the rate shall not exceed six per cent thereof, but in no such case shall the rate be less than one pound. (6) Where a graduated rate is charged it shall be computed as follows: (a) Where the annual value does not exceed twelve pounds ten shiilings, the rate shall not exceed one pound per annum: ( b) Where the annual value exceeds twelve pounds ten shiilings, the rate shall not exceed the following: (i) Seven per cent of so much of that value as does not exceed one hundred pounds: (ii) Six per cent of so much of that value as exceeds one hundred pounds but does not exceed two hundred pounds:

59 1954 M unicipal Corporations No (iii) Five per cent of so much of that value as exceeds two hundred pounds but does not exceed three hundred pounds: (iv) Four per cent of so much of that value as exceeds three hundred pounds;- but in no such case shall the rate be less than one pound. (7) In respect of the ordinary supply to buildings (other than dwellinghouses) to which water is supplied the rates shall not exceed half of the rates specified in subsection five or subsection six of this section, as the case may be. (8) 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 half of the rates specified in subsection five or subsection six of this section, as the case may be. (9) 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 that supply. (10) In respect of any water meter the rates shall be such annual charges as may be fixed by any by-law in tha t behalf. 96. In every district 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 those lands and dwellinghouses: Provided that if that rate would produce less than one pound in respect of any such land or dwelling house a charge bf not more than one pound 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 half of the rates above mentioned: Water rates in dis tricts where system of rating on unimproved value is in force. s No. 92, s.7 (2)

60 1004 Council may with consent of Governor General in Council fix water charges according to quantity used. s.85 Water rates to be payable in advance. s.86 See Reprint of Statutes, Vo!. VII, p.977 In default of payment of water rates and charges water supply may be stopped by Council. s.87 No. 76 Municipal Corporations 1954 ( c ) On all buildings other than dwellinghouses, a rate not exceeding half of the rates mentioned in paragraph (a) of this section. 97. Notwithstanding anything in the foregoing provisions of this Part of this Act, the Council may, with the consent of the Governor-General in Council, make and levy water rates and charges in respect of the ordinary as well as of any extraordinary supply, according to the quantity of water consumed by any person receiving the same as measured by meter, at such rates or charges as may from time to time be fixed by any by-law of the Council in that behalf or as may be agreed on, subject to any such by-law, with any such person. 98. (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 that yearly or halfyearly payment, as the case may be, a part only of the rate proportionate to the unexpired part of the year or half-~ear shall be payable in advance on the liability accrumg. (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 1925, shall by writing under his hand fix the value for water rate purposes of the premises whereon the 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 in respect of the supply of water, shall be paid at such times as the Council directs. 99. If any person refuses or fails to pay any water rate or other charge in respect of the supply of water for which he is liable, the Council may, without prejudice to any other remedy for the recovery of the rate or charge, stop, in such manner as the Council thinks fit, the supply of water to the premises in respect of which the rate or charge is payable, and may recover from that person the whole expense incurred in stopping the supply.

61 1954 Municipal Corporations No All water rates or other charges in respect of the supply of water within or outside the boundaries of any district, or otherwise accruing from the waterworks, shall for all purposes be deemed to be separate rates The Council may, if it thinks fit, make and levy an annual lighting rate upon all rateable property in the district for the purpose of lighting the streets, public places, and public buildings in the same, but that rate shall not exceed in any year a rate equal to sixpence in the pound on the annual value of the rateable property in the district (1) Where the Council itself undertakes or contracts for the district or any part thereof- (a) For the removal of refuse; or (b) For the supply of dry earth or deodorizing substances for closets, privies, or cesspools not connected with any public drain; or (c) For the cleansing of closets, privies, or cesspools not connected with any public drain,- the Council may make and levy in any year in respect of any of those undertakings or works 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 undertaking or work for which the rate is levied: Provided that if the rate is levied in respect of the removal of refuse it shall be levied only upon such properties as have a building erected thereon from which the Council is prepared to remove all refuse. (2) Instead of making and levying any 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 those 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, instead of levying that rate or levying that uniform annual fee, make a reasonable charge for the removal of the refuse, or may require the owner or occupier of the land or building to have the same removed regularly at his own cost, or, in addition to that rate or uniform annual fee, may make a reasonable charge for the removal of rubbish in excess of a prescribed amount: Recovery of water rates and charges. s.88 Lighting rate. s.89 Separate rate for sanitation purposes. 1933, No. 30 s , No. 3, s. 7

62 1006 Separate rate for drainage purposes. s , No. 92, s.9 Library rate. s , No. 40, s.56 (1) Harbour rate. s , No. 34 No. 76 Municipal Corporations 1954 Provided further that in the case of a building that is an apartment house or contains separate apartments let as fiats any such annual fee may be a uniform annual fee for each separately occupied portion of the building. (3) Every such annual fee and every such charge shall for all purposes be deemed to be a separate rate. (4) Where in any year any such service is discontinued after an annual rate or fee in respect thereof has been levied, the Council may make to all ratepayers affected such a rebate or refund of the rate or fee as it deems equitable in respect of the period between the date of discontinuance and the end of the year (1) The Council may, if it thinks fit, make and levy an annual drainage rate not exceeding a rate equal to sixpence in the pound on the annual value of all rateable property situated within the district and served, either directly or through a private drain, by a public drain: Provided that if that rate would produce less than one pound in respect of any such property a charge of not more than one pound may be made and levied. (2) The proceeds of the rate shall be available only for the purpose of the maintenance and extension of public drains within the district (1) The Council may, in any district having a public library, make and levy an annual library rate not exceeding a rate equal to threepence in the pound on the annual value of the rateable property in the district. (2) Where money is borrowed upon the security of a library rate, the 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 Any Council authorized by this Act or the Harbours Act 1950 to construct harbour works may by special order levy a separate rate in the district or in any part of the district for the construction and maintenance of any such harbour works; but no such rate shall be levied save upon a petition as mentioned in section ninetythree of this Act, and no such rate shall exceed in any one year a rate equal to three-eighths of a penny in the pound on the capital value of the rateable property in the district or in that part, as the case may be.

63 1954 Municipal Corporations No Annually Recurring Separate Rate 106. Any separate rate made for the construction of Separate rate a special work or the engaging in a special undertaking ~na~:~ul~ii~e may, if the Council so directs by special order, be an recurring rate. annually recurring rate, leviable without further proceed No. 30, ing on the part of the Council until the work or under- s. 94 taking is completed. Special Rates 107. (1) Every rate made and levied under the authority of this or any other Act, and intended as security for the repayment of money borrowed shall be deemed to be a special rate within the meaning of the Local Bodies' Loans Act 1926, 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 108. (1) Instead of making or levying separately the general rate and any special or separate rates leviable over the whole district or over any ward or defined portion thereof, the Council may in any year, by resolution, 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 place 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 the consolidated rate is substituted. (5) The proceeds of a consolidated rate made and levied under this section shall be applied pro rata for the purposes of the several rates in place of which the consolidated rate was made. Rates levied as securi ty for loans deemed to be special rates. s.95 See Reprint of Statutes, VoI. V, p. 360 Authority for consolida tion of general and other rates. s , No. 3, s.9

64 1008 Reduction of valuation of fanning lands not sui table for subdivision for building purposes. s , No , No. 20 Council may cause special valuation of new buildings to be made. s.98 No. 76 Municipal Corporations 1954 Miscellaneous 109. (1) Where in any district land of an area of not less than three acres is used by a single occupier solely for farming purposes, and is in the opinion of the Council not fit for subdivision for building purposes or not likely to be required within any reasonable period for building purposes, and the Council passes a resolution to that effect, the Valuer-General shall (if he agrees with the decision of the Council that the land is not fit for subdivision or is not likely to be required within any reasonable period for building purposes as aforesaid) reduce the assessment of the capital value and of the unimproved value of the land, and of the several interests therein, to the extent by which in his opinion that value is reduced by reason of the limitation of the purposes for which the land is applied. (2) The valuation when made shall, notwithstanding anything to the contrary in any Act, be the valuation on which all district rates shall be based, but for all other purposes the original assessments shall continue in force until duly altered in accordance with law. (3) If at any time the Council is of opinion that any such resolution should be rescinded, the Council may, with the previous approval in writing of the Valuer General, rescind any such resolution, and the land affected by the rescinded resolution shall be forthwith revalued by the Valuer-General under the provisions of the Valuation of Land Act (4) Nothing in this section shall apply with respect to any land situated in a dependent town district. (5) Nothing in this section shall derogate from the provisions of the Urban Farm Land Rating Act (1) The Council of any district 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 or 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 that notice in duplicate to the Valuer-General.

65 1954 Municipal Corporations No (3) The owner or occupier of the 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 (5) The Valuer-General shall forward to the Council a notification of the valuation as finally determined, and the Council shall cause that valuation to be entered on the valuation roll. Ill. Except as may be otherwise provided herein the provisions of the Rating Act 1925 shall apply to all rates made under this Act. 1951, No. 19 Rating Act applied. s.99 See Reprint of Statutes, VoI. VII, p Every rate authorized by this Act and levied Spe~3:i. on the unimproved value shall be so adjusted that the provlsltonfln t proceeds thereo f sa, hll as near I y as may b e, b e equa l iev!-ed respecoraes on to, but shall not exceed, the proceeds derivable if the uniunproved vaue. rate were a rate made and levied on the annual value or capital value. s. 100 PART X FINANCE GENERALLY Expenditure 113. The Council may pay to the Mayor or Chairman, as the case may be, and to each Councillor travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly (1) Where, pursuant to a resolution of the Council in that behalf, any member of the Council or of any committee of the Council attends any conference or meeting as the representative of the Council, he shall be deemed for the purposes of section four of the Fees B-ll Travelling expenses of Mayor or Chairman and Councillors. 1908, No. 195, S.30A s. 103 (1) 1951, No. 79, s. 10 (1) 1951, No. 79 Travelling expenses of members attending conferences. s. 103 (2) (3) 1953, No. 92, s.1o

66 1010 No. 76 Municipal Corporations , No. 16 Councillors may travel without charge on municipal transport service. s.104 Council may acquire motorcars, etc., for official use of Mayor or Chairman and Councillors. s.105 Payment under guarantee of joint Superannuation Fund. s. 106 See Reprint of Statutes, Vo!. V,p. 433 Council may subsidize sickbenefit society established by its employees. s. 107 Council may insure members against personal accident while engaged in duties. 1938, No. 3, s.lo and Travelling Allowances Act 1951 to be travelling in the service of the Council and to be transacting the business of the Council, and shall be entitled to receive payment of travelling allowances and expenses accordingly. (2) Nothing in this section shall apply in any case where the member is entitled to payment of travelling expenses under the provisions of section eight of the Municipal Association Act It shall be lawful for the Council to permit the Mayor or Chairman, as the case may be, or any Councillor to travel without charge on any transport service established for the conveyance of passengers and conducted by the Council The Council may hire, or may acquire and maintain, motor cars or other means of conveyance for use in the performance by the Mayor or Chairman, as the case may be, and the Councillors of their official duties. i{fw. l'!:\<i Where two or more districts agree to establish a united Superannuation Fund under the Local Authorities Superannuation Act 1908, the money 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 districts bear to one another The Council may from time to time pay by way of subsidy such sums as it thinks fit to the funds of any sick, death, or funeral benefit society or other like institution established by its employees, or any section of them, the benefits of which are confined to those employees and their dependants The Council may from time to time enter into contracts of insurance insuring members of the Council against loss from personal accident arising out of and in the course of the exercise of their powers or duties as members of the Council, and to pay the premiums payable in respect of those contracts.

67 1954 Municipal Corporations No The Council may in any year expend such sums as it thinks fit in connection with the observance of Anzac Day The Council shall in each year apportion the gross estimated income of the district from all sources, not being rates or other money made and levied for or appropriated to any special work or purpose by any other provision of this Act or by any other Act, in the following manner: (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 the affairs of the district: (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 district 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 that annual income in the case of a divided borough shall, subject to section one hundred and twenty-two of this Act, be apportioned among the several wards in proportion to the amount of general rates received from those wards respectively in that year for expenditure for the special benefit of those wards, and in every other case shall be available for the general purposes of the district Where from any cause in any year an allocation as provided in section one hundred and twenty-one of this Act cannot be made among the wards of a divided borough, and any ward receives in that year any more or less than the proportion which it ought to have received, then that ward shall in succeeding allocations receive such a reduced or increased proportion of income as may suffice B-ll* Observance of Anzac Day. 1938, No. 3, s. 12 Apportionment of income for each year. s.108 Adjustments in succeeding years. s. 109

68 1012 Application of surplus of separate or special rate. s , No. 39, s. 14 (3) 1951, No. 78, s. 23 (2) Government not liable for district debts. 1933, No. 3D, s. 111 Money not to be paid by promissory note or bill. s , No. 73 No. 76 Municipal Corporations 1954 to reduce or increase the amount to be received by that ward on the whole to that which it ought to receive under section one hundred and twenty-one of this Act Where there is- (a) Any surplus of any money raised by way of separate rate after the completion of the special work or purposes for which they were raised; or ( b) At the date of maturity of any loan any surplus of the proceeds of any special rate made and levied as security for the loan and the sinking fund of the loan is sufficient for the repayment thereof,- the surplus may be expended for such other special purposes or special works as may be determined by a special order in that behalf: Provided that a special order shall not be necessary in any case where the surplus does not exceed fifty pounds and, where the rate was made and levied only on property within a specified part of the district, is expended only for purposes or works within that part: Provided also that, where the surplus does not exceed five pounds, that surplus may be transferred to the General Account pursuant to a resolution of the Council in that behalf No claim of any creditor of any district shall attach to or be paid out of the public revenues of New Zealand, or attach to or be paid by the Government All money paid or purporting to be paid by the Council by promissory note or bill shall be deemed to be money unlawfully expended or applied within the meaning of section ninety of the Public Revenues Act 1953, and the provisions of that section shall apply with respect thereto accordingly. PART XI "Trading undertaking.. defined. s.113 ACCOUNTS 126. (1) For the purposes of this Part of this Act the term "trading undertaking" means any transport service for the conveyance of passengers or goods, any

69 1954 Municipal Corporations No electricity or gas undertaking, and any other undertaking that may from time to time be declared by any other enactment or by the Governor-General in Council to be a trading undertaking for the purposes of this Part. (2) Nothing in sections one hundred and twentyseven to one hundred and forty-two of this Act relating to fire insurance funds, accident funds, depreciation 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 or any renewal fund. (3) Nothing in clauses eleven and eleven A of the Second Schedule to the Tramways Act 1908 shall have any application to any tramway service operated by the Council (1) The Council shall keep such accounts and keep them in such manner as may be directed by the Audit Office, but so always that- (a) A General Account shall be kept, and credited with all money not required by this Act or by any regulation thereunder to be carried to any other account, and debited with expenditure which is not required by or under this or any other Act to be charged, or which is not otherwise properly chargeable, against any other account; ( b) Separate accounts shall be kept and credited with all money raised or levied for, or appropriated or allocated to, or held in trust or received for, any special purpose, and with all money accruing from any trading undertaking carried on by the Council and debited with expenditure properly chargeable against those accounts; and (c) A Profit and Loss Account shall be kept in respect of each trading undertaking carried on by the Council. (2) The decision of the Audit Office as to whether or not any expenditure is properly chargeable against any such account shall be final. See Reprint of Statutes, Vol. VIII, pp. 764, 765 Accounts to be kept in accordance with requirements of Audit Office. 1908, No. 195, ss. 45,

70 1014 Fire insurance fund No. 30, s , No. 92, s.l1 Council may establish accident funds. s , No. 60, s.26 Council to may.e charge to provide for depreciation la respect of each trading undertaking. s. 117 No. 76 Municipal Corporations The Council may from time to time set aside any money to form a fund or funds for the re-erection, repair, or reinstatement of any buildings or other property of the Corporation that may be destroyed or damaged by fire, and may from time to time invest any money so set aside and pay the proceeds of that investment into the said fund or funds: Provided that, where the Council considers it inexpedient that any building or other property that is destroyed or damaged by fire should be re-erected, repaired, or reinstated, the Council may, with the approval of the Audit Office, apply any money forming part of any such fund, not exceeding the insurable value of the building or other property destroyed or damaged, in the acquisition or erection of another building or the purchase of other property in place of the building or other property destroyed or damaged (1) The Council may from time to time set aside any money to form a fund or funds to meet claims for accidents arising out of the exercise and performance by the Council of its powers, duties, and functions under this or any other Act; but no greater sum shall be set aside in anyone year than the amount that at current rates would have been payable for that year in respect of the insurance of workers employed by or vehicle5 belonging to the Council and in respect of insurance against public risk. (2) The Council may from time to time invest any money so set aside and pay the proceeds into the said fund or funds (1) The Council shall in each financial 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 a charge against the revenues of the undertaking to provide for full and proper depreciation of the assets of the undertaking: Provided that if any dispute arises between the Audit Office and the Council as to the sufficiency of the charge made for depreciation the matter shall be referred to the Minister, whose decision shall be final.

71 1954 Municipal Corporations No (2) In ascertaining what is the full and proper depreciation to be provided in any year in accordance with the requirements of subsection one of this section the Council may take into account- ( a) The extent to which money then available for renewing or replacing the depreciable assets of the undertaking, and for no other purpose, is proved to the satisfaction of the Audit Office to be in excess of the amount that would then represent full and proper provision for depreciation of the depreciable assets of the undertaking from the date of the establishment of that undertaking: (b) Any expenditure during that year out of the revenues of the undertaking on renewals and replacements of the depreciable assets thereof. (3) The amount of any charge for depreciation made in accordance with the foregoing provisions of this section shall be credited to a Depreciation Fund: Provided that where in that year payments have been made out of the revenues of the undertaking to meet sinking fund charges and instalments of principal in respect of any loan money expended on the creation of depreciable assets of the undertaking, the Council may if it thinks fit deduct from the total amount of the charge for depreciation the total amount of those payments in respect of sinking fund charges and instalments of principal, and in that case the balance remaining shall be the amount that shall be charged against the revenues of the undertaking and credited to the Depreciation Fund (1) When the Council has credited a Depreciation Fund with the amount of any charge made by it under section one hundred and thirty of this Act, it shall, save as provided in subsection three of this section, appoint three Commissioners, to be called" Depreciation Fund Commissioners ", and thereupon sections forty, forty-one, and forty-four of the Local Bodies' Loans Act 1926 shall, with the necessary modifications, apply to the Commissioners in like manner as if they were Sinking Fund Commissioners appointed under the said section forty. Council to appoint Commissioners of Depreciatioll Fund. 1933, No. 30. s.118 See Reprint of Statutes, Vol. V. pp

72 1016 Money to be paid to Commissioners. s.119 No. 76 Municipal Corporations 1954 (2) No Councillor or employee of the Council shall be appointed a Commissioner under this section, and if any Commissioner becomes a Councillor or an employee of the Council he shall forthwith vacate his office as Commissioner. (3) Notwithstanding anything in subsection one of this section, the Council may appoint the Public Trustee to be the sole Commissioner of any Depreciation Fund (1) Save as hereinafter in this section provided, the Council shall in the month of April of each year pay to the Depreciation Fund Commissioners all money credited in the previous financial year to the Depreciation Fund pursuant to section one hundred and thirty of this Act. (2) Where from any cause the full amount so credited cannot be paid to the Depreciation Fund Commissioners as required by subsection one of this section, the following provisions shall apply: ( a) The amount of the deficiency may with the consent of the Audit Office be met by the Council during the then current financial year out of money that may be received during that year in respect of the revenues of the trading undertaking for that or any previous year, and be paid to the Depreciation Fund Commissioners from time to time as money becomes available for that purpose; or ( b) The Council may- (i) To the extent to which the deficiency has been caused by payments out of revenue to meet interest and sinking fund charges in respect of loans raised for the purposes of the undertaking, recoup those payments by levying such amount as may be necessary of any special rate made as security for the repayment of the loan; and then (ii) Make and levy a separate rate on the rateable value of all rateable property in the district, sufficient to provide the balance ( if any) of the deficiency; or

73 1954 Municipal Corporations No ( c) The Council may with the consent of the Audit Office provide the amount necessary to meet the deficiency partly out of revenue and partly out of rates as provided in paragraph ( b) of this subsection. (3) The proceeds of rates levied pursuant to the authority conferred by subsection two of this section shall, notwithstanding anything to the contrary in any Act, be paid to the Depreciation Fund Commissioners as and when received The Commissioners may invest all money How fund to be received by them pursuant to section one hundred and ~=~s?jners. thirty-two of this Act in the following manner: (a) In New Zealand Government securities; or (b) On deposit in a National Savings Investment Account under the National Savings Act 1940; or ( c) On deposit in any bank lawfully carrying on the business of banking in New Zealand, or in the Post Office Savings Bank; or s , No. 7, s.3 (3) 1940, No. 7 (d) In the Common Fund of the Public Trust Office; JM.. 1. m h ~ (e) In any other securities that may from time to time be authorized bv the Governor-General in Council: ' Provided that where the Public Trustee is appointed to be the sole Depreciation Fund Commissioner he shall invest the money of the Depreciation Fund in the Common Fund of the Public Trust Office or in such other manner as may be specially authorized in that behalf by the Governor-General in Council Separate accounts shall be kept by the Commissioners of all money paid to or received by them in respect of each trading undertaking, and in preparing the yearly statement of accounts pursuant to section Accounts. s.121 forty-four of the Local Bodies' Loans Act 1926, as See Reprint applied by section one hundred and thirty-one of this of Statutes, Act, the Commissioners shall show in detail the amount Vol. V, p. 381 of all money paid to or received by the Commissioners as aforesaid All money received by the Commissioners as aforesaid in respect of any trading undertaking, together with all accumulations thereof, shall be held by the Application of Depreciation Fund by Commissioners. Commissioners upon trust to pay the same to the Council, s. 122

74 1018 No. 76 Municipal Corporations 1954 Demands on Commissioners. s. 123 Commissioners may call for report in respect of demand made upon them No. 30, s. 124 Commissioners may pay amount of demand by instalments or may decline to pay except on order of Suprem!: Court. s.125 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 profitable usefulness in connection with the undertaking (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 that 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 two hundred pounds, or for a less sum than the total amount standing to the credit of the Depreciation Fund if that amount is less than two 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 profitable usefulness, and shall be certified by the Mayor or Chairman, as the case may be, and the Town Clerk as a correct copy of the resolution (1) The Commissioners may call for a report by an engineer or other qualified person to be appointed by t~~m in respect of any demand under the foregoing provisions. (2) That 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 the engineer or other qualified person, out of the money held by them in respect of the undertaking to which the report relates, a reasonable sum for his services (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 apply to the Supreme Court for an order directing the Commissioners to pay to the Council the money so demanded; and if the Court is satisfied that the money

75 1954 Municipal Corporations No required is necessary to replace or renew plant which has become worn out or obsolete, or is incapable from any other cause of further profitable 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 The Commissioners shall not be obliged to see to the application of any money which may from time to time be paid or advanced by them to the Council under the foregoing provisions of this Par~ of this Act (1) The Council, having established a Depreciation 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) The Council shall in the month of April next following pay the amount so appropriated into a separate bank account. (3) The money paid into that account shall be applied for such extensions and permanent improvements of the undertaking in connection with which the fund is established as the Council thinks fit. ( 4) If at any time the Depreciation Fund is insufficient for the purposes for which it is established the Council may use any part of the Reserve Fund for those purposes. (5) The Council may from time to time, with the consent of the Audit Office, use any money forming part of the Reserve Fund for the purpose of recouping in whole or in part any deficiency in the Profit and Loss Account. (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 a National Savings Investment Account under the National Savings Act 1940; or ( c ) On deposit in any bank lawfully carrying on the business of banking in New Zealand, or in the Post Office Savings Bank; or Commissioners not to be responsible to see to application of fund by Council. s.126 Council may establish Reserve Fund for trading undertakings. s , No. 7, s. 3 (3) 1940, No. 7

76 1020 No. 76 Municipal Corporations 1954 Join. It W., le Transfers to General Account from separate accounts of proportionate parts of certain payments. s.128 Transfers to General Account from separate accounts of cash surpluses. s.129 (d) In the Common Fund of the Public Trust Office; or (e) 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 money paid to or received by it in respect of the Reserve Fund, and all such accounts shall be audited by the Audit Office (1) The Council shall, unless the Audit Office otherwise directs, 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 attributable to that separate account of the amount charged to the General Account in respect of any payment to any sick-benefit society that may be established by its employees, or to any fire insurance or accident fund that may be established by the Council. (2) The Council may in like manner so transfer a proportionate part of the office, clerical, legal, and other expenses of the Council of any nature whatsoever. (3) If the Audit Office considers that any sum so transferred is excessive, or insufficient, 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, or, as the case may require, shall transfer to the General Account from the separate account such sum as the Audit Office directs (1) The Council may from time to time transfer to the General Account any cash surplus remaining to the credit of any separate account which the Council is obliged or authorized by law to keep, showing the money accruing from any public works or trading undertakings executed, maintained, or carried on by the Council, or may transfer the whole or any part of that surplus to a separate account for the maintenance or renewal of those works: Provided that no money shall be so transferred until due provision has been made for all sums with which the separate account is by law chargeable, and for the payment out of the separate account of the interest, or

77 1954 Municipal Corporations No interest and sinking fund, on any loan raised in connection with the work or undertaking to which the separate account relates. (2) The whole or any portion of any amount transferred pursuant to subsection one of this section may at any time be retransferred to the separate account. (3) 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: Provided that nothing in this subsection shall authorize the Council to payout of its General Account the interest, or interest and sinking fund, on any loan otherwise than in the manner prescribed by section twenty-two of the Local Bodies' Loans Act (4) It shall not be lawful to make any transfer from anyone to any other of those separate accounts, except as in this Part of this Act provided (1) The Council may from time to time set aside any money to form a fund or funds for the repair, renewal, replacement, or improvement of any property, plant, fixtures, or appliances of the Council, or for the purpose of purchasing additional property, plant, fixtures, or appliances of the class for which the fund or funds is or are so established. (2) The Council may from time to time apply the money so set aside only to the purposes aforesaid, or any of them, and may invest any money so set aside and pay the proceeds of the investment into the said fund or funds. (3) Nothing in this section shall apply with respect to any trading undertaking of the Council Any Councillor or elector, or the Town Clerk, or any person holding any security charged upon the property of the district, 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 that inspection or copying of any account in his custody or control is liable to a fine not exceeding five pounds. See Reprint of Statutes, Vol. V, p.371 Council may establish renewal or replacement funds otherwise than in respect of trading undertakings. s. 130 Inspection of accounts by electors and others. s. 131

78 1022 No. 76 M unicipal Corporations 1954 Regulations as to collection of and accounting for Corporation money. 1908, No. 195, ss. 32,46 s. 132 Offences by officers with respect to money or accounts No. 30, s Without limiting the general power to make regulations conferred by section four hundred and ten of this Act, regulations may be made under that section respecting- (a) The giving of security by officers of the Council; ( b) The manner of recovering money and banking the same; ( c ) The accounting by officers of the Council, and the recovery of Corporation money from persons liable to account for the same; and (d) Generally respecting the collection of Corporation money and the accounting for the same (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, a Magistrate's Court may, on application by the Council, order that person to render the accounts, or to deliver up the vouchers, matters, or things. (2) If that person neglects or refuses to obey that order he commits an offence and is liable to imprisonment for a term 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 any such officer, or shall exempt any person from any civil or criminal proceedings to which he might otherwise be liable. Council may enter into contracts for purposes of Act No. 30, s , No. 60, s.39 PART XII CONTRACTS 147. (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 any 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

79 1954 Municipal Corporations No the same, and the time or times within which the work is to be completed, and the penalties to be suffered in the case of non-performance thereof. (3) The provisions of the Fifth Schedule to this Act shall apply to all tenders called for and all contracts entered into by the Council for the execution by any person of any work (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 orally 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 oral 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 (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 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. Mode of contracting. s. 154 Council may adopt co-operative system of works. s.155

80 1024 Council may sell or exchange lands vested in Corporation. s , No. 92, s , No. 69 See Reprint of Statutes, Vol. VII, p.622 No. 76 Municipal Corporations 1954 PART XIII SALE OR LEASE OF LAND 150. (1) Save as provided in subsection three of this section, the Council, pursuant to a special order in that behalf, may sell any land vested in the Corporation, or exchange any such land, and in respect of any such exchange may give or receive any money for equality of exchange: Provided that a special order shall not be necessary in any case where the land is sold to any person who is desirous of building a house thereon for the personal occupation of himself and his family or of occupying with his family any house already on the land. (2) Where any land so sold or exchanged was at the time of the sale or exchange vested in the Corporation in trust for any particular purpose or purposes, whether by or pursuant to any Act or any deed of trust or otherwise howsoever, all money received by the Council upon the sale or exchange shall be applied in or towards the purchase of other lands to be held for the same purposes as affected the lands disposed of, and all lands received in exchange shall be held for the purposes that affected the land given in exchange. (3 ) Nothing in this section shall be deemed- (a) To authorize the Council to deal with any public reserve within the meaning of the Reserves and Domains Act 1953 otherwise than in accordance with the provisions of that Act: (b) To authorize the Council to deal with any land taken or otherwise acquired under the Public Works Act 1928 otherwise than in accordance with the provisions of that Act: (c) To apply to the sale or exchange of any land by the Council pursuant to the power conferred by section one hundred and ninety of this Act or to any express power of sale or exchange conferred by any other Act: (d) To authorize the sale or exchange of any land vested in the Corporation in trust for any particular purpose, if the sale of the land is prohibited by the instrument creatinfl the trust.

81 1954 Municipal Corporations No The Corporation shall, in addition to all other leasing powers exercisable by it, or by the Council representing it, under Part XXIV of this Act or under any other enactnlent, or under any grant, conveyance, or deed, have the powers hereinafter conferred, which powers shall be exercisable by the Council in the name and on behalf of the Corporation (1) Save as provided in section one hundred and fifty-six of this Act, the Council may 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, including any buildings and other improvements thereon erected or made by the Council but excluding any other 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, including any buildings and other improvements thereon erected or made by the Council (to be fixed by valuation) but excluding any other 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 that person shall, before being let into possession, pay to the lessee, his executors, administrators, or assigns, the value of the Council may lease lands vested in Corporation No. 30, s. 157 Extent of leasing powers. s , No. 60, ss. 12, , No. 92, s.13

82 1026 No. 76 Municipal Corporations 1954 buildings and improvements other than buildings and improvements erected or made by the Council (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) of this paragraph, or have a new lease put up to public auction under subparagraph (ii) of this paragraph. (2) Any such lease may be for mining or quarrying purposes. (3) Every valuation under paragraph (b) of subsection one of this section shall be made by three independent persons, one to be appointed by the Council, one by the lessee, his executors, administrators, or assigns, and the third by those two appointed persons. The valuation fixed by any two of those persons shall be final, and where no two of them reach the same decision the decision of such third person as aforesaid shall be final. The lease may contain any subsidiary matter to give due effect to the provisions of the said paragraph. (4) Notwithstanding anything in the foregoing provisions of this section, where in any case the Council considers that the annual rent under any renewal lease granted under subparagraph (i) of paragraph (b) of subsection one of this section should not exceed fifty pounds, it may give notice in writing to the lessee of the rent it is prepared to accept, and the lessee may, within one month after the service of the notice, elect in writing to accept the renewal lease at the rent stated in the notice or at such other rent as may be agreed upon between the Council and the lessee or as may be fixed by the valuation of one independent person to be appointed by agreement between the Council and the lessee. In default of agreement or if the lessee does not make his election within the said period of one month, the rent shall be fixed by valuation made in the manner prescribed in subsection three of this section.

83 1954 Municipal Corporations No The powers of leasing given by this Part of this Act shall be subject to the conditions and exceptions following: (a) Every lease shall, except as otherwise specially provided by this or any other Act, be either- (i) Offered for public application and ballot at a fixed rental to be determined by the Council; or (ii) Sold by public auction or public tender, of which public notice shall be given at least once not less than thirty days before the sale and twice after that first notice and before the sale: Provided that a lease which has been offered as aforesaid and not sold may, at any time within twelve months thereafter, 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. 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: (d) Every such lease may contain such covenants, conditions, and provisions, not being contrary to this Act, as the Council thinks fit (1) Notwithstanding anything in section one hundred and fifty-three of this Act, where an exhibitor's licence has been granted under the Cinematograph Films Act 1928 in respect of any building vested in the Corporation, the Council may grant a lease of that building to the holder of the licence or, where the licence has expired, to the last holder of the licence at a rent to be fixed in accordance with the provisions of subsection two of this section and without selling the lease by public auction or public tender. Conditions governing the exercise of Council's leasing powers No. 3D, s , No. 60, s.28 Lease of cinematograph theatre need not be submitted to public auction or tender in certain cases. 1938, No. 3, s. 11 See Reprint of Statutes, Vol. I, p. 797

84 1028 Land maybe let for short periods by private contract. s. 160 Special provisions with respect to land and buildings reserved for recreation. s , No. 69 Surrenders of leases and reduction of rent. ss. 162, 163 No. 76 Municipal Corporations 1954 (2) The rent shall be fixed by three independent persons: one to be appointed by the Council, one by the proposed lessee, and the third by those two appointed persons. The rent fixed by any two of those persons shall be final, and where no two of them reach the same decision the decision of such third person as aforesaid shall be final. (3) The Council may terminate any lease granted under this section in the event of the lessee ceasing to be the holder of an exhibitor's licence granted as aforesaid in respect of the building comprised in the lease. (4) No lease granted under this section shall be for a longer term than seven years Notwithstanding anything in the foregoing provisions of this Part of this Act, the Council may let or agree to let any of its lands or other property by private contract or otherwise on a weekly, monthly, or other tenancy not exceeding a year (1) No lands or buildings appropriated to the use or enjoyment or recreation of the inhabitants of the district and which are or are on a public reserve within the meaning of the Reserves and Domains Act 1953, shall be leased under this Part of this Act. (2) Where any land vested in the Corporation for those purposes, not being a public reserve, is leased, the lessee shall not erect thereon any building other than a building authorized by the lease as a building necessary for the full use of the land for the purpose or purposes for which it is vested, and no such land shall be so leased as in any way to restrict the public in the use and enjoyment thereof (1) 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. (2) The Council may, at any time or times during the currency of a lease, by special order reduce the rent to be paid for the remainder of the term of the lease.

85 1954 Municipal Corporations No (1) The Council may, with the consent of the Leases may be lessee, grant to a sublessee from the lessee a lease direct ~~b:~~~fs. from the Council of the whole or any part of the land 1933, No. 3D, comprised in the lease to the lessee for the whole residue s of the term created by the last-mentioned lease. (2) This section shall also apply where only an agreement for the head lease has been entered into 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 (not being a public reserve within the meaning of the Reserves and Domains Act 1953) 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 the 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 the land, building, or personal property 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 Leases of land held as a reserve or for a public work or other special purpose. 1933, No. 3D, s , No. 69 Protection of title of tenant taking in good faith. by reason of the non-compliance on the part of the 1933, No. 3D, s.166 Council with any d irection 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 Where power to lease any reserve or recreation Power to lease ground otherwise than by public auction or by public resen:esbl 1 d f d h C 1 b. A exercisa e on y ten er IS con erre on t e OunCI y any special ct, by special order, the power shall be exercised pursuant only to a special unle~s otherwise provided. order made ill that behalf. 1'933, No. 3D, s Notwithstanding anything in this Part of this Act, the Council may transfer to the Crown, with or without consideration, or lease to the Crown, with or without payment of rent, any land vested in the Corporation and not held in trust for any particular purpose or purposes, whether by or pursuant to any Act or any deed Transfers and leases to Crown for reserves or public purposes.

86 1030 No. 76 M unicipal Corporations 1954 of trust or otherwise howsoever, to be held by the Crown for the purposes of a public reserve or for any purpose of public utility. PART XIV General powers of Council with respect to public works. 1908, No. 195, s.39 s , No. 3, s. 14 See Reprint of Statutes, Vol. VII, p.667 PUBLIC WORKS 163. 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 twentyfour hours' previous notice of the 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 1928 for the purposes of that Act, all of the provisions of which shall, subject to paragraph (a) of this section, apply to any surveyor inspection made under this section, and to any survey mark or other thing made, fixed, or set up in connection therewith: (c) To take in the manner provided by the Public Works Act 1928 or purchase or otherwise acquire and hold any land, whether within or without the district, 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 work which in the opinion of the Council may be necessary or beneficial to the district,

87 1954 Municipal Corporations No whether that work is to be or has been constructed within or without the district; 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 1928: (e) To expend money in the improvement and development of any lands vested in the Corporation of the district as endowments or reserves or otherwise, or any public reserves the control or management of which is vested in the Council, including power to expend money on the construction or maintenance of streets or roads on, or providing access to, any such lands or public reserves; and for the purpose of providing funds for those purposes, or any of them, the Council may raise a special loan under the Local Bodies' Loans Act 1926 as for a public work: (I) To expend money in the erection, replacement, and maintenance of such buildings, structures, and other improvements on any land vested in the Corporation of the district as an endowment as may be consistent with the purpose for which the land is used or is likely to be used; and for the purpose of providing funds for that expenditure the Council may raise a special loan under the Local Bodies' Loans Act All land taken, purchased, or acquired under section one hundred and sixty-three of this Act shall be vested in the Corporation Any land purchased by the Council may, with the approval of the Minister, be paid for by the Council by instalments extending over a period not exceeding twenty years, and interest at such rate as the Minister approves may be paid by the Council in respect of any portion of the purchase money that may for the time being be unpaid: See Reprint of Statutes, Vol. VII, p.662 See Reprint of Statutes, Vol. V,p. 360 Land taken for public works to vest in Corporation. s. 169 Council may purchase land on system of time payment. s. 170

88 1032 See Reprint of Statutes, Vo!. V,p.417 Compensation payable by Council for lands taken or injuriously affected. s.171 See Reprint of Statutes, Vo!. VII, p. 622 Council not to interfere with public works undertaken by Crown. s.172 Council not authorized by this Act to create a nuisance. s. 173 No. 76 M unicipal Corporations 1954 Provided that, except in any case where the rate of interest is fixed by any other enactment, the Minister shall not approve a rate of interest in excess of the maximum rate determined for the time being by the Minister of Finance for the purposes of section six of the Local Government Loans Board Act Every person having any estate or interest in any lands taken under the authority of this Act for any public work, or injuriously affected thereby, or suffering any damage from the exercise of any of the powers hereby given, shall be entitled to full compensation foi the same from the Corporation. That compensation may be claimed and shall be determined in the manner provided by the Public Works Act Nothing in this Act shall authorize the Council to interfere, without the consent in writing of the Minister of Works, with any public work carried on or executed by or under the control of the Government Nothing in this Act shall entitle the Council to create a nuisance, or shall deprive any person of any right or remedy he would otherwise have against the Co.rporation or any other person in respect of any such nuisance. Definition of terms " street ", " private street" " footw;y ", and " private way" No. 30, s , No. 46, s.lo 1948, No. 39, ss. 7 (8), 9 (3), (5) 1953, No. 92, s.14 PART XV STREETS, BRIDGES, AND FERRIES 169. (1) In this Part of this Act the term" street" means the whole of any land which is within a district, and which- (a) Immediately before the date of the constitution of the district was a public highway under the control, as such, of any Borough Council, County Council, Road Board, Town Council, or Town Board; or (b) Immediately before the inclusion of any area in the district was a public highway within that area; or ( c ) Is laid out by the Council as a public highway after the date of that constitution; or

89 1954 Municipal Corporations No (d) In the case of a district 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 anyone 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 district 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 anyone or more of such local authorities and used by the public for twenty years immediately preceding the date of that constitution,- and, except as provided in subsection nine of section one hundred and seventy and in sections one hundred and eighty-six and one hundred and eighty-eight of this Act, includes a service lane constituted under any enactment; but, except as provided in the Public Works Amendment 1947, No. 46 Act 1947 or in any regulations under that Act or in section two hundred and one of this Act, does not include a motorway within the meaning of that Act or an access way within the meaning of Part I of the Public Works 1948, No. 39 Amendment Act (2) "Private street" means any roadway, place, or arcade laid out within a district on private property by the owner thereof, but intended for the use of the public generally; and includes any such roadway, place, or arcade as aforesaid that, at the commencement of this Act, is laid out within any district. (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 district, 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

90 1034 No. 76 Municipal Corporations 1954 Property in streets, and general powers of Council with respect thereto. s , No. 3, ss. 15, , No. 39, s.9 (3) 1948, No. 60, s , No. 92, s.27 public generally; and includes any such way or passage as aforesaid which at the commencement of this Act exists within any district. (5) "Street" and "private street" include every square or place intended for the use of the public, 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: Provided that a private way may be of any greater width for a distance of not more than twenty feet from where it meets any street: Provided also that a private way which has a blind end may have a turning space of any width at that end. (7) Nothing in this Act shall be construed as imposing any obligation on the Council in relation to any private street (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 the Corporation all materials placed or laid in any street 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. Except with the prior consent in writing of the Minister of Works, or of an officer of the Ministry of Works to whom that Minister may delegate the functions of granting that consent, no street shall be laid out or constructed by the Council with a steeper grade in any part of its length than one inch in eight inches. (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:

91 1954 Municipal Corporations No. 76 (b) To make surveys for the laying out of new streets: (c) To layout new streets: (d) To divert or alter the course of any streets: (e) To increase or diminish the width of any street, subject to the provisions of this Act and any other Act, and in accordance with the provisions of that enactment: (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 Sixth Schedule to this Act: (i) To stop the traffic on any street or part thereof whilst the street, or any drain, water race, pipe, or apparatus under, upon, or over the street, 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 any street adjacent thereto is being constructed or repaired: (k) To layout or construct any part of any street as a safety area for pedestrians using the street, and to layout grass plots or flower beds on any street and to prohibit traffic in whole or in part on any such plots and flower beds laid out in streets (whether before or after the commencement of this Act) by or under the authority of the Council, and to enclose and plant any part of a street or to plant trees on any street otherwise than on portions so enclosed, and to erect upon any street any monument, statue, or other such erection: Provided that no erection or enclosure or laying out or planting made or done pursuant to this paragraph shall be such as will in the opinion of the Council be likely to impede ordinary traffic: 1035 ftit1". 19 Ne.....1'l.t.a.

92 1036 No. 76 M unicipal Corporations 1954 (I) To name and to alter the name of any street, and to place on any building abutting on any street a plate bearing the name of the 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 or other traffic, and such subways, tunnels, shafts, and approaches as are required in connection therewith: (0) To use or permit the use of any street or part thereof for a period or periods not exceeding in the aggregate thirty-one days in any year for any exhibition, fair, show, market, concert, or public function: Provided that no street shall be used for any such purpose if that use would, in the opinion of the Council, be likely to impede traffic. (5) The power conferred on the Council by paragraph (i) of subsection four of this section may be exercised by the Mayor or Chairman, as the case may be, on behalf of the Council. (6) For the purposes of any resolution or by-law of the Council any grass plot or flower bed laid out by or under the authority of the Council shall be deemed to be sufficiently described if the street in which it is laid out and its approximate locality in that street are specified. (7) The Council shall at all times keep available for public inspection at its principal office a record of all grass plots and flower beds for the time being laid out by or under its authority in any street. (8) The Council may by by-law fix charges for and regulate the use of any means of access constructed under paragraph (n) of subsection four of this section. Where the amount received in respect of those charges in any year is insufficient to pay the cost of working and maintaining those means of access during that year (not including in that cost the annual charges payable in respect of any loan raised for the purpose of providing

93 1954 Municipal Corporations No those 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 1926 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. (9) In subsections three and eight of this section the term " street" does not include a service lane within the meaning of Part I of the Public Works Amendment Act See Reprint of Statutes, Vol. V, p , No. 39 Public Highways Beyond District 171. The Council may from time to time contribute Council may ~r?~ the District Fu?d towards the.funds of any a?- ~~~tt~fute to JOlUmg local authonty for the mamtenance, repair, ~aintenance of widening, or otherwise improving of any public highway h!gh~ay beyond which is outside the limits of the district but is in great ~~;~c~o. 30 measure used by the inhabitants thereof for purposes of s. 176 recreation, health, convenience, or other purpose of public utility. Contracts and Leases Relating to Ferries 172. The Council having control of a ferry may let the ferry, either alone or together with the whole or any part of any public reserve vested in the Corporation of the district 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 the ferry as the Council thinks fit, and without submitting the lease to public auction or public tender: Provided that before 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. Leasing powers of Council with respect to ferries. s.l77 '

94 1038 No. 76 M unicipal Corporations 1954 Council to take precautions against accidents on streets, etc. s. 178 Council may require alteration of pipes and drains. s. 179 Saving of liability of tramway owners. s. 180 Council may provide public cycle tracks. s. 181 Precautions Against Accidents 173. 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. Alteration of Pipes and Drains 174. 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 that alteration is not made with all convenient speed the Council may make the same at 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. Liability of Tramway Owners 175. 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. Cycle Tracks 176. (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 that 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 drives any horse or any cow or other beast, or wilfully allows any horse or any cow or other beast to stray upon any public cycle track within the boundaries of any district, whether the cycle track

95 1954 Municipal Corporations No has been constructed by the Council or not, and whether it is situate alongside a street or not, is liable to a fine not exceeding five pounds. Parking Places and Transport Stations 177. (1) The Council may provide parking places and transport stations as defined in subsection nine of this section, and for that purpose may- (a) Take, purchase, or otherwise acquire any land or buildings in or near to the district: (b) Utilize any land or buildings that may lawfully be appropriated for the purpose: (c) Take all such steps as the Council thinks necessary to adapt for use as a parking place or transport station any land or building that it may acquire or utilize under this section: (d) Authorize the use as a parking place or transport station of any part of a street: ( e) Appoint any place or any street or any specified part of any place or street as a transport station for the exclusive use of vehicles engaged in any passenger service or goods service or any other transport service. (2) The Council shall not authorize the use of any part of a street as a parking place or transport station so as unreasonably to prevent access to any premises adjoining the street, or the use of the street by any person entitled to the use thereof, or so as to be a nuisance. (3) The exercise by the Council of its powers under this section with respect to the use of any part of a street shall not render it subject to any liability in respect of loss of or damage to any vehicle or the fittings or contents of any vehicle. ( 4) Except as provided in subsection five or subsection six of this section, no part of a street may be appointed as a parking place available only to a specified person or to a specified class of persons or to vehicles owned or operated by a specified person or by specified classes of persons. (5) The Council may make such by-laws as it thinks fit as to the use of parking places and transport stations, and in particular as to the vehicles or class of vehicles Provision of parking places and transport stations. 1938, No. 3, s , No. 92, s.31

96 1040 No. 76 Municipal Corporations 1954 that may be entitled to use any parking place or transport station, as to the conditions upon or subject to which any parking place or transport station may be used, and as to the charges to be paid to the Council in connection with the use of any parking place or transport station. (6) Where pursuant to subsection five of this section any specified parking place or transport station has been appointed for the use of vehicles plying for hire or otherwise available for hire for the carriage of passengers or goods or for the use of any specified kind of such vehicles or for the use of vehicles used for any specified public purpose, the Council may from time to time, by resolution publicly notified, limit that parking place or transport station or any specified part thereof to vehicles belonging to or used by particular persons or to vehicles used for particular public purposes. (7) Where any parking place or transport station has been so limited to vehicles belonging to or used by particular persons or to vehicles used for particular public purposes, no person in charge of any other vehicle shall allow that vehicle to stand in that parking place or transport station. (8) The Council may, in the exercise of its powers of leasing and letting under Part XIII of this Act or under any other Act, let or lease to any person for use as a parking place or transport station any parking place or transport station provided by it (not being part of a street). (9) In this section- " Parking place" means a place where vehicles, or any class of vehicles, may wait: " Transport station" means a place where transport service vehicles, or any class of transport service vehicles, may wait between trips;- and each of those expressions includes all necessary approaches and means of entrance to and egress from any such place, and all such buildings, ticket offices, waiting rooms, cloak rooms, structures, appliances, and other facilities as may be deemed necessary or desirable

97 1954 Municipal Corporations No by the Council for the efficient use of that place for the purpose for which it is provided and the collection of charges in relation to that use. Footways and Channels 178. The Council may layout 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 materials, and in such manner in all respects as it thinks fit, and may impose not exceeding half of the cost of those works upon the owners of lands and buildings fronting the same, and the amount so imposed shall be payable to the Council and until paid shall be in every case a charge on the premises. Private Streets and Private Ways 179. The provisions of this Act and of the Public Works Act 1928 and of the Town and Country Planning Act 1953 relating to the widths, grades, and formation of streets and to building lines shall apply to private streets as they apply to other streets (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 district, except by permission of the Council; and, subject to the provisions of section one hundred and seventy-nine of this Act, 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, position of building line, and otherwise in all respects whatsoever as the Council thinks fit. (2) The permission to layout or make any private street or private way as aforesaid shall be deemed to lapse on the expiration of two years after the grant thereof, unless the work has then been completed to the satisfaction of the Council; but may from time to time b~ extended by the Council for a period or periods not exceeding one year at anyone time. B-12 Footways and channels. s.182 Width, etc., of private streets. s.183 See Reprint of Statutes, Vo!. VII, p , No. 91 Restriction on laying out of private streets and private ways. s. 184

98 1042 No. 76 Municipal Corporations 1954 Penalty for laying out private street or way in contravention of this Act. s. 185 Illegal private street or private way not to be registered. s. 186 See Reprint of Statutes, Vol. VII, p , No. 52 Conditions to be noted on title by Registrar. s. 187 Powers of Council with respect to private streets and private ways. s , No. 60, s 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 the offence continues after the day on which he receives notice from the Council that the offence has been committed No plan, deed, or instrument of any kind whatsoever whereby contrary to the provisions of this Act any private street or private way 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 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 the conditions so noted shall be deemed to consitute a registered encumbrance under the Land Transfer Act (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 the 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 the private street as lies between his land and the middle line of the street: ( c) In case of default, may execute the said works, and recover the cost from the owners in the aforesaid proportions.

99 1954 Municipal Corporations No (2) The provisions of this section shall apply to every private way which for the time being serves as an approach to more than two buildings that are separately owned or separately occupied (1) The Council may by special order declare to be a public street- ( a) Any private street within the meaning of any Act in force at the time of its being laid out: (b) Any 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 the district 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. (2) Notwithstanding anything in the foregoing pro VISIOns 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 186. (1) Where it is difficult or inexpedient to lay off a street at a width of sixty-six feet throughout the whole of its length as required by this Act,- (a) The Governor-General, on the application of the Council, may, by Order in Council, authorize the Council to layoff or permit the laying off of the street at a width for the whole or any part or parts of its length of less than sixty-six feet but not less than forty feet: B-12* Council may declare private streets or rights of way to be public streets. s. 189 Modification of provisions as to width of streets in certain cases. s , No. 39, s.9 (3) 1953, No. 92, s. 15

100 1044 No. 76 Municipal Corporations 1954 See Reprint of Statutes, Vol. VII, p , No. 39 Mayor or Chairman and Councillors personally liable for laying out street of less than legal width, etc. s.191 ( b) The Council may, pursuant to a special order in that behalf, layoff or permit the laying off of the street at a width for the whole or any part or parts of its length of less than sixty-six feet but not less than fifty feet: Provided that in every such case, except where the street serves only industrial or commercial premises, the Council shall require that, when new buildings are erected or any buildings are rebuilt or re-erected or are substantially rebuilt or re-erected on land having a frontage to any part of that street which has a width of less than sixty-six feet, no part of any such buildings shall stand within a specified distance (being not less than eight feet) of the side line of the street. (2) The provisions of section one hundred and twenty-eight of the Public Works Act 1928 shall not apply with respect to any land having a frontage to any part of a street which has been laid off at a width of less than sixty-six feet pursuant to a special order under paragraph (b) of subsection one of this section. (3) As soon as conveniently may be after the making of a special order under paragraph (b) of subsection one of this section, the Council shall send a copy of the special order to the District Land Registrar or the Registrar of Deeds, as the case may require, who shall, without payment of any fee, deposit the same in his office and register against the title to all land affected thereby a memorandum under his hand that the land is subject to the building line restriction specified in the proviso to paragraph (b) of subsection one of this section. ( 4 ) In this section the term "street" does not include a service lane within the meaning of Part I of the Public Works Amendment Act Proceedings for Unlawful Laying Out of Streets and Private Streets 187. (1) Every Mayor or Chairman or Councillor commits an offence against this Act 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 any street or private street.

101 1954 Municipal Corporations No (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 any street or private street. Setting Back Building Line 188. (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, those buildings shall not stand within a specified distance being not greater than seventeen feet from the side 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 a specified distance being not greater than one hundred 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) The owner of any land affected by any such bylaw may at any time dedicate to the Corporation for street purposes the whole of his interest in any part of the land on which the erection, rebuilding, or re-erection or the substantial rebuilding or re-erection of buildings is forbidden by the operation of the by-law, if and when that part is without any building thereon above the level of the ground, and the Council shall accept the dedication' save that it may refuse to accept the dedication unless and until it is satisfied that on the remainder of the land substantial building or rebuilding operations have been undertaken since the coming into operation of the by-law, or are being or will forthwith be undertaken, and unless and until every person entitled to compensation as hereinafter provided joins in making the dedication. By-laws fixing building line for new buildings. s , No. 39, s. 9 (3)

102 1046 See Reprint of Statutes, Vol. VII, p , No. 39 Certain powers as to streets to be exercised by special order. s , No. 92, s. 16 No. 76 Municipal Corporations 1954 (5) Every person having any estate or interest in any land affected by any by-law under this section shall, on the dedication of any part of the land pursuant to subsection four of this section or on the taking thereof by the Council under the Public Works Act 1928, but not sooner, be entitled to compensation to be claimed and ascertained under that Act. (6) The total amount of that compensation shall in no case exceed the difference between the value of the whole of the land exclusive of buildings before the dedication or taking of the portion of the land as aforesaid and the value of the remainder exclusive of buildings after the dedication or taking of that portion. (7) The District Land Registrar is hereby authorized and required from time to time, on request in that behalf by the Council, to register against all properties affected all or any specified building line by-laws made by it under this section or the corresponding provisions of any former Act and any by-laws made from time to time in amendment thereof or in substitution therefor. (8) In this section the term" street" does not include a service lane within the meaning of Part I of the Public Works Amendment Act Altering and Stopping Streets, and Laying Out New Streets 189. (1) The Council shall exercise the power to make any new street, or divert or widen any existing street, or to alter the name of a street, only by special order in that behalf. (2) Notwithstanding anything in subsection one of this section, a special order shall not be necessary in any case where land is dedicated as a street or to widen any existing street pursuant to a resolution of the Council accepting dedication, and the land shall be deemed to be a new street or, as the case may be, to form part of the existing street or streets on registration of the instrument of dedication. (3) Where the Council alters the name of any street, the Council shall as soon as conveniently may be after the making of the special order in that behalf, send a copy of the special order to the District Land Registrar

103 1954 Municipal Corporations No of the land registration district within which the land is situated, who shall deposit the same in his office without payment of any fee (1) Subject to the provisions of subsection three of this section, 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 that part to the owner or owners of any adjoining land 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 or public tender; and a conveyance or lease under the seal of the Corporation shall constitute a good and valid title to the land. (2) Instead of selling or leasing the land as aforesaid, the Council may, by special order- ( a) Apply the same, or any part thereof, to any purpose of public convenience or utility; or (b) Grant a lease of the same for such term and on such conditions as it thinks fit for any purpose of public convenience or utility; or ( c ) Transfer the same to the Crown for a public reserve or for addition to a public reserve or for any purpose of public convenience or utility. ( 3 ) Where any street along the bank of a river or along the margin of any lake or of the sea, or any portion of any such street, is stopped or diminished in width, the land which thereby ceases to be street shall become a public reserve vested in the Corporation, and shall not be used for any other purpose of public convenience or utility or disposed of without the consent of the Minister of Lands, who in his discretion may refuse his consent or give his consent subject to such conditions as he thinks fit (1) Where in laying out any new street, or in diverting, extending, or widening any existing street, the Council deems it expedient to acquire more land on either or both sides of the proposed street or existing street than is required for that purpose, the Council may take, purchase, or otherwise acquire the land. Council may sell land not required for street. s. 194 Council may acquire land for new streets, or for widening, extending, or diverting existing streets. s. 195

104 1048 No. 76 Municipal Corporations 1954 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. s , No. 39, s.9 (5) See Reprint of Statutes, Vol. VII, p. 622 (2) When the work has been completed the Council may sell or lease any surplus area (1) Where the Council widens any street in the district, 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 each owner of land fronting upon or having any frontage to the other 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 his land. (2) The several amounts to be paid to the Council as aforesaid shall be ascertained in manner provided by the Public Works Act 1928, or in a manner as near thereto as in the opinion of the Land Valuation 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 Seventh Schedule to this Act. (3) Any or all 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, and the Land Valuation 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. 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 Judge of the Land Valuation 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 that determination or decision shall be binding on the Land Valuation Court.

105 1954 Municipal Corporations No ( 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 cent per annum, by equal half-yearly instalments extending over a period of twenty years or less, in which case he shall, within fourteen days after 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 Seventh Schedule to this Act, 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 the respondent shall have the right to pay that amount by instalments as set forth in the notice and charge as aforesaid. (7) The 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 Land Registry Office or in the Deeds Register Office of the land registration district wherein the land affected thereby is situate. (9) Notwithstanding anything to the contrary in any such charge, the Council shall accept payment of 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 tender. ( 10) A receipt expressed to be in full for all money secured by any such memorandum, signed by the Town Clerk and endorsed on the memorandum, shall vacate the charge.

106 1050 No. 76 Municipal Corporations 1954 Map of district to be prepared, showing streets and private streets and their levels. s.197 Buildings to be erected with regard to levels of streets. s.198 Council to fix levels of streets. s. 199 When compensation payable for alteration of level of street. s.200 ( 11) Money received by the Council under this section shall be applied in carrying out the particular street widening work in respect of which the money was received, and for no other purpose. ( 12) The provisions of this section shall, with the necessary modifications, apply with respect to every service lane in the district constituted under any enactment as if the creation of the service lane were the widening of a street. Levels of Streets 193. (1) The Council shall cause a map of the district to be made within two years from the constitution of the district, 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 may from time to time as found to be necessary cause any new streets and private streets, with the levels thereof as aforesaid, or any alteration of existing streets or levels, to be marked on that map. (2) The map shall be open for public inspection at all reasonable hours at the office of the Council All buildings erected within the district, and all private streets, shall be constructed with proper regard to the levels shown upon the said map (1) The Council may at any time, either before or after the making of that map, fix the level of any street or private street, subject to the conditions set out in the Eighth Schedule to this Act. (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 Eighth Schedule No compensation shall be payable by the Council in respect of an alteration in the level of any street or private street, unless the alteration has been made after that level has been fixed under this Act or the corresponding provisions of any former Act, or after the street has been constructed in some permanent manner by any local authority having the power to do so.

107 1954 M unicipal Corporations No Any person who builds any house or other building abutting on a street or private street without proper 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 the street or private street adjacent to that building It shall be lawful for the Council to throw the batter or make the slope of any street upon any land, subject to the payment of compensation, to be claimed and ascertained under the Public Works Act Injuries to and Nuisances on Streets 199. ( 1) Every person commits an offence 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 by 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 (I) 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,- and is liable to a fine not exceeding ten pounds for every day upon which the offence is committed or suffered to continue, and may be ordered to pay the cost incurred Person building without reference to level of street may be required to pay compensation. s.201 Right to lateral support. s. 202 See Reprint of Statutes, Vo!. VII, p.622 Penalties for injuries to streets. s.203

108 1052 No. 76 Municipal Corporations 1954 Council may grant right to lay petroleum conduit pipes along or under streets. s.204 Council may 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 is laid by authority of the Council or by an officer thereof. (2) Except with the prior consent in writing of the Minister of Telegraphs or the Minister of Works, as the case may require, the Council shall not authorize or suffer any encroachment on a street if the encroachment would or might interfere with or in any way obstruct the right of the Crown to construct, place, maintain, alter, remove, or otherwise deal with any electric wires, telephone wires, telegraph wires, or pneumatic tubes on, over, or under the street (1) Subject to the provisions of section one hundred and ninety-nine of this Act, the Council may by special order grant to any person an easement or other right for such period not exceeding fifty years, and on such terms and conditions as the Council thinks fit, authorizing that person to lay conduit pipes for petroleum in the district under or along any street, or (with the consent of the owners) along any private way; but no such grant shall be to the exclusion of like grants to any other person. (2) The grant of any such right or easement shall be subject to the payment of such rent, and to the observance of such conditions as to size, construction, repair, and maintenance of the conduit pipes, and as to repair of any street or private way under or along which they are laid, as the Council thinks fit (1) Whenever the public safety or convenience require ow!ler of renders it expedient the Council may require the owner land abuttmg ' on street to or occupier of any land not separated from a street by fence. a sufficient fence to enclose the same by a fence to the satisfaction of the Council s , No. 39, (2) In this section the term "street" includes an s.8 (6) access way within the meaning of Part I of the Public 1948, No. 39 Works Amendment Act Council may require dangerous places to be secured. s 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.

109 1954 M unicipal Corporations No Where the owner or occupier of any land 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 before the work is commenced; and the owner or occupier shall cause the cellar or excavation to be so constructed or made that it cannot become a receptacle for stagnant water or other impure matter (1) The Council may, by notice in writing under the hand of the Mayor or Chairman, as the case may be, or the Town Clerk, require the occupier, or, in case there is no occupier, then the owner of any land abutting upon any street within the district 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 the street in cases where, in the opinion of the Council, the 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 the 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 the 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 notice the occupier or owner may apply to a Magistrate's Court for an order setting aside the notice. (3) On the hearing of the application, the Court, whose decision shall be final, shall determine whether the notice should or should not be set aside, and in the former case the notice shall be deemed to be void. Notice to be given of intention to excavate in vicinity of street. s.208 Council may require removal of overhanging trees, etc. s.209

110 , No. 62 Council may impound straying cattle. s.210 ltxl-'. ::.~ H", "'" No. 76 Municipal Corporations 1954 ( 4 ) In the case of a notice 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 application as aforesaid has been heard, then within one month after the giving of the decision of the Court, he commits an offence and is liable to a fine not exceeding one pound for every day during which the failure has continued, and the Council may enter on the land and do that act and recover the cost from him. ( 5) The said cost shall be a charge upon the land. (6) In any case where the Council might give any such notice 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 the last-mentioned notice the Council fails to comply therewith, the ratepayer may apply to a Magistrate's Court for an order requiring the Council to comply with that notice. (8) On the hearing of the application the Court shall determine whether and to what extent the notice shall be complied with by the Council, and the decision of the Court shall be final. (9) 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" includes gorse, sweetbrier, blackberry, acacia, broom, and fennel. (10) Nothing in this section shall derogate from the provisions of the Noxious Weeds Act Cattle Straying on Streets 205. If cattle are found straying on a street, the Council or any person may cause the cattle to be taken to the nearest public pound, whether in or out of the district, to be dealt with as in the case of cattle lawfully impounded.

111 1954 Municipal Corporations No Tolls at Bridges and Ferries 206. Subject to the provisions of section one hundred Council may and eighty of the Public Works Act 1928, the Council ~~t:e~l~thb~i~ges may by special order establish toll gates and take tolls and ferries, at any ferry within the district or under the control of ~~~l:~ to the Council, or, with the prior consent of the Governor- conditions. General in Council, at any bridge within the district or under the control of the Council, and for that purpose See Reprint may do all or any of the following things: of Statutes, (a) May appoint and discharge collectors of tolls: Vo!. VII, p. 716 (b) May place on any street such toll houses, gates, and bars, ferry houses and posts, and other things as may be 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 in respect of all persons, cattle, or vehicles passing the same, and may revoke or alter that scale (1) No toll shall be payable unless the following conditions are observed, that is to say: (a) The scale of tolls and every alteration thereof shall be publicly notified for not less than fourteen days before coming into force: (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 bv reason of the Order in Council. Conditions under which tolls may be taken. s.212

112 1056 Exemption from tolls in certain cases. s.213 Penalty for plying for hire in vicinity of ferry or bridge at which tolls payable. s.214 Regulations as to tolls. s.215 Compensation where right to collect tolls destroyed. s.216 Council may establish services for conveyance of passengers and goods. s , No. 7, s , No. 60, s , No. 7 No. 76 Municipal Corporations The persons, cattle, and vehicles mentioned in the Ninth Schedule to this Act, and every animal and vehicle employed solely in carrying such persons or their tools and materials, shall be exempt from tolls: Provided that the exceptions specified in paragraphs six to eight of the said Ninth Schedule shall not apply in the case of tolls payable at a ferry 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 Without limiting the general power to make regulations conferred by section four hundred and ten of this Act, regulations may be made under that section 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 matter in connection with such tolls Nothing in this Act shall be construed to limit or interfere with the right to levy tolls on any bridge, ferry, tramway, or toll gate granted to any person or persons during the period for which the tolls have been so granted, except on payment of adequate compensation. Services for Conveyance of Passengers and Goods 212. (1) Subject to the provisions of Part VI of the Transport Act 1949, the Council may establish, maintain, and regulate a service for the conveyance of passengers and goods to and from any place within the district, or, with the consent of any neighbouring local authority, between any place within the district 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:

113 1954 Municipal Corporations No Provided that, where the service is one which the Council is authorized, pursuant to paragraph ( a ) or paragraph (b) of subsection one of section ninety-seven of the Transport Act 1949, to carry on without a transport licence under Part VI of that Act, the Council may operate the service between any place within the district and any place within the district of any other local authority without obtaining the consent of that other local authority. (2) Where before 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 that authorizing order, and a tramway has been constructed under the authority conferred by that order, the powers conferred by subsection one of this section shall be exercised only for the purpose and to the extent of establishing, maintaining, and regulating services to extend or supplement the service of the tramway, or to serve areas not served or not adequately served by the 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 that service is through streets in which the tramway is laid, and which are served by the 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 (1) Subject to the provisions of Part VI of the Transport Act 1949, the Council may establish ferry services between termini within or partly within and partly without the district, and may purchase or hire steamers and other vessels for that purpose. (2) The powers of this section may be exercised by any two or more local authorities jointly whose districts are benefited by any service. (3) 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. 1913, No. 62 See Reprint of Statutes, Vol. VIII, p. 754 Council may establish ferry services. s , No. 7, ss. 158, 169 (1), (8) 1949, No. 7

114 1058 No. 76 Municipal Cprporations 1954 This Part to be subject to Soil Conservation and Rivers Control Act , No. 12 Interpretation. 1933, No. 3D, s.220 Council may make provision for drainage of district. ss. 219, 221 Council to prepare drainage map of district. s.222 PART XVI DRAINAGE AND SANITATION AND PROTECTIVE WORKS Drainage and Sanitation 214. Nothing in this Part of this Act shall derogate from any of the provisions of the Soil Conservation and Rivers Control Act (1) In this Part of this Act, unless the context otherwise requires,- " Drain" includes a sanitary drain and a water drain: " Sanitary drain" means a drain for the reception and discharge of pollutants: "Water drain" means a drain for the reception and discharge of water that is free of pollutants of a poisonous or noxious nature. (2) Without limiting the meaning of the term "public drain ", it is hereby declared that every drain in a district that has actually, and whether legally or not, been under the control of any Borough Council, County Council, Road Board, Town Council, or Town Board for not less than twenty years as a drain shall be deemed to be a public drain under this Act (1) The Council may provide and maintain all buildings, engines, machinery, and other things necessary for the efficient drainage of the district. (2) Every public drain in the district shall vest in the Corporation (1) The Council of every district 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 district; and may from time to time cause any new drains, or any alteration of existing drains found to be necessary, to be marked on that map. (2) The drainage map shall be open for public inspection at all reasonable hours at the office of the Council.

115 1954 Municipal Corporations No (1) The Council may cause to be constructed, of such dimensions and such materials as it thinks 1t,- (a) Upon or under the streets and other land within the district vested in the Corporation all such drains as are from time to time shown on the said map, and until the map is made all such drains as the Council from time to time thinks needful for the efficient drainage of the district: (b) Upon or under any private lands or buildings within the district all such drains as aforesaid, subject, however, to the conditions set out in the Tenth Schedule to this Act: Provided that it shall not be lawful for the Council to make any drain upon or under any private land or building, other than an underground covered drain, unless the permission in writing of the owner has been first obtained. (2) Every such 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) Every sanitary drain shall be wholly enclosed and covered in. (4) The Council may from time to time alter, renew, repair, and cleanse any public drain, including any public drain constructed on private land (1) The Council may enclose and cover in any stream or watercourse within the district which, by reason of any pollutant 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 district. (2) For that 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 the stream or watercourse. (3) The Council may do such work as in its opinion is necessary to exclude from any watercourse any pollutant which in the opinion of the Council should be excluded therefrom, and for that purpose and for the purposes of subsection one of this section the Council may straighten or otherwise alter the course and direction Council may construct and repair drains. s , No. 3, s.17 Council may cover in watercourse so as to make it a public drain. s.224

116 1060 No. 76 Municipal Corporations 1954 of any stream or watercourse, and take up, disconnect, alter, relay, or otherwise deal with any private drains communicating with any stream or watercourse. (4) The Council shall not be liable to pay compensation in respect of anyone being deprived of the water flowing in the stream or watercourse, or of the right to that water, nor for any damage or inconvenience occasioned to the owners or occupiers of those 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) The 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's Court for an order preventing the Council from undertaking the said work, and the Court may, in its discretion, make an order allowing the work with or without modification, or prohibiting it, and the decision of the Court shall be final. (8) The Court 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 the Medical Officer of Health or of two registered 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.

117 1954 Municipal Corporations No The Council may also, without liability to pay Council may any compensation in respect thereof, erect any buildings, erect structures for drainage structures, machinery, or manholes, manhole and other purposes on entrances, light and lamp holes, ventilating grids, and public streets places. or other other works and things of every description in connection with drainage, in, upon, or under any public or private s.225 street or public place in the district The Council may lead any surface water into any stream or watercourse, whether covered or open, within the district 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 district, 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 those drains and watercourses (1) The Council may with the consent of the local authority of any adjoining district of any kind extend its drainage system into any area within that district; and at the request of the owner of any premises in that area, and on such terms and conditions as the Council determines, including the payment by the owner of an annual charge in respect of the service rendered by the connection, the Council may connect those premises with the system as so extended. For the purposes of this section all the provisions of this Act relating to drainage, and all the powers given to the Council thereby, shall apply equally to all places, persons, and things in any such area outside the district as aforesaid as they apply to the same within the district. (2) At any time after giving twelve months' notice in writing of its intention so to do the Council may disconnect any such premises from its drainage system without being liable to pay any compensation in respect thereof. (3) Where any such area becomes part of the district at a time when a drainage rate pursuant to section one hundred and three of this Act is not charged within the district,. the Council may, until it makes and levies such a Surface water may be led into watercourses. s.226 Council may make dams, etc., in watercourses. s.227 Council may drain areas outside district. s.228

118 1062 No. 76 Municipal Corporations 1954 drainage rate, continue the service rendered by the connection at the charge that was in force immediately before the inclusion of the area in the district.. Council may require owners of lands in certain cases to provide private drains. s , No. 3, s.18 Private Drains 224. (1) In respect of any land or building within the district the Council may, subject to subsection seven of this section, 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 drain to the satisfaction of the Council, and to connect that private drain with any public drain or watercourse or street channel or the sea, as the Council thinks fit: (b) To cleanse and repair or to relay or alter the course, direction, and outfall of any existing private drain of or belonging to the premises: (c) To connect any such existing private drain with any public drain or watercourse or street channel other than the public drain, watercourse, or street channel with which the same was previously connected: (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 the premises and every part thereof. (2) The Council may, in the exercise of the powers conferred upon it by subsection one of this section, instead of requiring several owners each to provide, construct, and lay a private drain, and to connect that private drain

119 1954 M unicipal Corporations No with any public drain, or watercours~, or street channel, or the sea as provided in that subsection, require those 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 that private drain with any public drain, watercourse, or street channel, or the sea 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 (f) of subsection one of this section may also be exercised with respect to private drains provided, constructed, and laid under subsection two of this section, and to similar private drains heretofore provided, constructed, and laid in the district. ( 4 ) Every notice under this section shall specify the works, materials, and things to be executed, provided, or done thereunder, and the public drain or 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 any pollutant of a poisonous or noxious nature and any water that does not contain any such pollutant to be drained respectively by sanitary drains and water drains to separate outfalls: Provided that the Council shall not in any such notice require any such pollutant to be drained into any street channel. (6) If the owner fails to do any 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 cent of those costs and expenses for supervision, and interest at the rate of six per cent per annum on the total sum until payment thereof. Where any work done by the Council pursuant to this subsection is

120 1064 No. 76 Municipal Corporations 1954 Channels for surface water. s , No. 60, s.32 Special provisions as to private drains serving several separately owned premises. s.231 Further provisions with respect to such private drains. s , No. 60, s , No. 62 on account of several owners, the Council may apportion the total amount as aforesaid between those owners, and the amount so apportioned to each such owner shall be the amount recoverable from him. (7) No owner shall be required- (a) To construct any private drain, other than a common drain, to connect with any public drain or the sea at a point more than one hundred feet from his land; or (b) To construct any private drain for the drainage of a building if the nearest part of the building is situated more than two hundred feet from the public drain, watercourse, street channel, or sea to which it is required to be connected If surface or storm water lies upon any land III the district, the Council may make an open drain so as to carry off that water into the public drain or watercourse most convenient for the purpose, but shall do as littje damage as possible thereby, and shall not make the drain under or so as to interfere with any building; and the Council may recover the cost of the drain from the owners or occupiers of the lands drained thereby in such proportion as the Council thinks fair (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 which the Council deems necessary in order that the drain shall be efficient and without nuisance. (2) The Council may impose upon the owners of the several premises all or any part of the cost of the works, materials, or things in such proportions as the Engineer certifies to be reasonable 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), or constructed after that date, and whether before or after the commencement of this Act, with the consent of the owners of all the lands

121 1954 Municipal Corporations No affected passes through or serves separately owned premises, there shall be attached to each and all of the lands served by that private drain the following rights, namely: (a) A right to the free and uninterrupted use of that private drain; and ( b) A right for the occupiers or any of them to enter upon all lands served by that drain, or through which it passes, for the purpose of relaying or effecting necessary repairs to the drain; and ( c ) A right to contribution from the owners or occupiers of other lands so served by that drain towards the cost of executing, providing, and doing all or any of the things required in respect of the drain by this Act or any by-law; and (d) A right to contribution from the owners or occupiers of those other lands towards the cost of all necessary relaying of or repairs to the drainand those rights, upon a certificate being furnished by the Town Clerk that any of the lands is actually served by that drain, shall be registered by the District Land Registrar against the titles (whether under the Land Transfer Act 1952 or not) to all the other lands so served by the drain, and also, in the case of the right to free and uninterrupted use of the drain and the right to enter upon land to effect necessary relaying or repairs, against the titles (whether under the Land Transfer Act 1952 or not) to the lands through which the drain passes (1) 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. (2) For the purposes of this section every private drain constructed by the Minister of Works or by the Board of Management of the State Advances Corporation of New Zealand for the purposes of Part I of the Housing Act 1919 and serving two or more properties, or carrying water from any street channel or sump over or under any land to a watercourse or public drain, shall be deemed to be a common private drain. 1952, No. 52 Council may declare common private drain to be public drain. s , No. 14, s , No. 3, s.2 (4) See Reprint of Statutes, Vo!. Ill, p. 798

122 1066 Advances by Council to owners in respect of cost of drainage connections. s , No. 2, s. 20 (8) 1938, No. 3, s , No. 56, s.3 No. 76 Municipal Corporations 1954 Money Payable by Owners and Occupiers 229. (1) The Council may make advances to the owner of any premises for the purpose of enabling him to do all things necessary (including the provision of all fittings for the proper disposal of waste waters and sewage matter) to connect the premises with the drainage system of the district in compliance with the due requirements of the Council under this Part of this Act or under any other Act or any by-law relating to drainage and sanitation. Instead of making an advance as aforesaid to any owner the Council may, by agreement with him, itself do such things as aforesaid, and all money expended by the Council pursuant to that agreement, together with a sum equal to five per cent of the amount so expended by the Council to cover the cost of supervision by the servants of the Council, shall be deemed to be an advance for the purposes of this section. (2) The Council and the owner may agree that the amount of any advance shall be repayable in one amount at a fixed time with interest at a rate not exceeding six per cent per annum, or by instalments extending over a number of years with interest at the rate aforesaid. That agreement may contain any incidental provisions and may provide for the earlier payment of instalments, or any of them, on terms to be mentioned in the agreement: Provided that where the agreement makes no provision as aforesaid for early payment of instalments the Council shall accept the whole of the unpaid instalments 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 tender. (3) That agreement may, where the money is repayable in one amount, contain provisions for securing the repayment thereof; and, where the money is repayable by instalments, each such instalment shall for all purposes be deemed to be 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:

123 1954 Municipal Corporations No (b) A separate book shall be kept by the Collector of Rates to the Council, in which particulars of the 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 that book shall be prima facie evidence of the correctness of its contents. (4) Interest money on any advances shall be applied in or towards payment of the interest or other annual charges in respect of any special loan raised under subsection five of this section. (5) For the purpose of providing 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 1926 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 the works, and the special rate made for the security of the loan may be made and levied over the whole of the district or over any defined portion thereof. ( 6) The provisions of subsections two and three of this section shall apply to all money, other than advances as aforesaid, payable to the Council by the owner of any property for or in respect of any work, materials, or things executed, provided, or done by the Council on or to that property in relation to drainage or sanitation under any power in that behalf (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 thereunder, or pays any instalment under section two hundred and twenty-nine of this Act, and at the time of the completion of the work (to be certified under the hand of the principal officer of the Council having charge of drainage works in the district) the premises whereon or for which the work has been executed are held by a tenant under him having a term of at least three years then unexpired, the owner may recover from the tenant, in like manner as if the same were rent reserved under the tenancy, five per cent per annum during the unexpired term of the tenancy on See Reprint of Statutes, Vo!. V, p. 360 Owner may recover proportion of cost of drainage (.onnections from tenant under a lease with not less than three years unexpired. s.235

124 1068 No. 76 Municipal Corporations 1954 Money payable to Council in respect of drainage to be a charge on property. s , No. 26, s.55 Council may make main drains outside the district. s.237 Main drains under roads and streets. s.238 Council may agree to use drain under control of other local authority. s.239 the cost of the work so executed by him, or, as the case may be, on each such instalment paid by him, that percentage to be computed from the date of the payment of the cost or instalment, and to be payable at the end of each year during the residue of the term. (2) If the tenant paying that percentage has, at the time of payment, a tenant under him with at least three years' unexpired tenancy, he may recover the amount so paid by him from the last-mentioned tenant All money payable to the Council by the owner of any property in respect of advances made under section two hundred and twenty-nine of this Act, or the corresponding provisions of any former Act, in relation to the property, or for or in respect of any work, materials, or things executed, provided, or done by the Council on or to that property in relation to drainage or sanitation under any power in that behalf, shall be a charge on the property. Drains Be yand District 232. Subject to the provisions of any Act relating to pollution of waters or to nuisances, the Council may make such main drains as it thinks necessary through any lands outside the district for the purpose of carrying off sanitary drainage or water drainage into the sea, or into any lagoon, river, or watercourse, or to any places convenient for the purpose of collecting, utilizing, treating, and selling that treated substance for fertilizers and other purposes, or to any land convenient for the disposal of that drainage ( 1 ) ThG Council may make any main drain under any road or street outside the district, but shall give one month's notice in writing to the local authority or other body having the control of the road or street before interfering with the same. (2) If that local authority or other body objects to the proposed work, the matter shall be referred to the Minister of Works, whose decision thereon shall be final The Council may agree with any local authority or other body for the use of any drain under the control of that local authority or other body for the purpose of carrying off sewage matter or surface water, upon such terms and conditions for that use, or for the alteration,

125 1954 Municipal Corporations No enlarging, covering in, or maintenance of that drain, as may be agreed on by the Council and that local authority or other body All main drains outside the district but under the control of the Council shall vest in the Corporation, and all the provisions of this Act in respect of drains within the district 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 district; and the provisions of section two hundred and twenty of this Act shall apply in connection with all such drains and places as if they were in the district. Drainage Into Harbours 236. (1) It shall not be lawful for the Council or any person to construct any drain whereby any silt or refuse or trade wastes or sewage 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 that Harbour Board. (2) If the Council and Harbour Board are unable to agree as to the mode of disposing of any silt, or refuse, or trade wastes, or sewage matter, or as to any other matter in respect of drainage in which the powers and duties of the Council and Harbour Board conflict, the 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 237. (1) Every person commits an offence against this Act 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, connects any private drain with a public or private drain or covered watercourse; or Provisions applicable to drains outside the district. s.240 Restrictions on drainage into harbours. s.241 See Reprint of Statutes, Vol. I, p. 346 Penalty for unlawful in terf erence with drains. 1933, No. 3D, s.242

126 1070 No. 76 Municipal Corporations 1954 (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 any property so destroyed or injured, or remove or alter as it thinks fit any such private drain, and may recover from that person the full cost of the work, or of removing any stoppage or obstruction effected by him, and the full amount of all damage done or caused by him. Council may construct protective works to prevent damage by flood. s.243 Protective Works 238. The Council may construct and maintain within or without the district any works or do anything necessary to prevent damage to any property inside the district or to the property of the Corporation outside the district from floods of rivers or streams, or from encroachment of the sea. Definition of term "waterworks ". s.244 PART XVII WATERWORKS 239. (1) In this Part of this Act, unless the context otherwise requires, the term" waterworks" includes all streams and waters and all rights appertaining thereto, and all lands, watersheds, catchment areas, reservoirs, dams, tanks, and pipes, and all buildings, machinery, and appliances of every kind acquired or constructed by the Council under the authority of this Act, for collecting or conveying water for or to the district or any part thereof, or beyond the district. (2) All waterworks which heretofore have been purchased or acquired, or constructed, and established by any Council under any special or other Act for the supply of water within or beyond the district shall be deemed to have been purchased or acquired, or made, constructed, and established under this Act, and all the provisions of this Act relating to waterworks shall apply to those waterworks accordingly.

127 1954 M unicipal Corporations No Construction and Maintenance 240. (1) The Council may construct waterworks for the supply of pure water for the use of the inhabitants of the district, 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 III particular may- (a) 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) Break up or dig into the surface of any street, private street, or public place within the district, or of any road or street beyond the district: (c) Alter any drain, sewer, or gas pipe on or under any such road or street so far as is necessary for that construction or repair: (d) Prospect for water by boring, whether the land to be prospected is situated within or beyond the district. (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 district (1) Subject to the provisions of this section, the Council may cause to be placed on or under any private land or under any building in the district such pipes as it considers necessary for the conveyance of water in connection with any waterworks: Provided that it shall not be lawful so to place any such pipe other than an underground pipe unless the permission in writing of the owner of the land or building has been first obtained. (2) The provisions of the Tenth Schedule to this Act shall, with the necessary modifications, apply with respect to the placing of any such pipes, as if every reference in that Schedule to the construction of drains were a reference to the placing of such pipes. Council may construct waterworks. s.245 Entry on private land. s , No. 3, s.20

128 1072 Special provisions as to waterworks beyond the district. s.247 Persons supplied with water to provide appliances. s.248 Council may inspect appliances in houses Notice of removal of water pipes to be given to Council. s.250 No. 76 Municipal Corporations 1954 (3) Except as provided in subsection one or subsection four of this section or where entry is to be made for the purpose of making surveys, nothing in this Part of this Act shall confer any right of entry on to private land without the consent of the owner or occupier. ( 4 ) Where pursuant to subsection one of this section or with the consent of the owner or occupier any pipe or other part of the waterworks is at any time put on or under any private land, the Council may thereafter from time to time enter thereon to alter, renew, repair, or cleanse any such pipe or other part of the waterworks when required The provisions of the Eleventh Schedule to this Act shall apply to such parts of the waterworks as lie beyond the district. Supply of Water 243. 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, ip. 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 that person in any manner it thinks fit 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 that land at any hour of the day or night, or into that building at any time between the hours of eight o'clock in the forenoon and six o'clock in the afternoon of any day except a Sunday; and if he is refused admittance or obstructed in the examination the Council may stop the supply of water in any manner it thinks fit 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 his intentions so to do, and of the time of the 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 that

129 1954 Municipal Corporations No notice, he is liable to a fine not exceeding twenty pounds and to pay for all damage done to the waterworks by the removal. Use of Water for Motive Power 246. 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 production of electricity for lighting the streets and public places, and for supplying the inhabitants with electricity under the provisions of section two hundred and sixtyeight of this Act, but so that the ordinary supply shall not thereby be interfered with The Council may from time to time, where the supply of water in the district 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 the aforesaid excess of water fails, may at any time without previous notice, discontinue that extraordinary supply, without being liable to pay any compensation for the discontinuance or in anywise relating thereto. Supply to Persons Outside District 248. (1) The Council may, with the consent of the local authority of the district in which the supply is given, supply any person outside the district with water; and for that 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 they apply to the same within the district. (2) The Council may contract, and shall be deemed to have always had power to contract, with the local authority of any adjoining district of any kind to supply water to that local authority. (3) The Council may supply such water to places outside the district at such rate or charges, and for such times, and on such terms and conditions as the Council from time to time determines. B-13 Council may use water from waterworks for motive power. s.251 Surplus water may be sold for motive power. s.252 Supply of water outside the district. s , No. 60, s , No. 92, s. 17

130 1074 Charge for water to inhabitants of area added to district in certain cases. s.254 Council may purchase waterworks. s.255 Council may contract for water supply. s , No. 92, s. 18 (1) Drawing off water from streams supplying waterworks. s.257 No. 76 Municipal Corporations 1954 (4) The Council may at any time, on giving twelve months' notice in writing of its intention so to do, discontinue the supply of water outside the district without being liable to pay any compensation for the discontinuance or in anywise relating thereto: Provided that nothing in this subsection shall apply in any case where water is supplied to any local authority pursuant to a contract entered into under subsection two of this section Where any area to which water is supplied by the Council pursuant to the authority conferred by section two hundred and forty-eight of this Act becomes part of the district at a time when a water rate pursuant to section ninety-five of this Act in respect of the ordinary supply is not charged within the district, the Council may, until it makes and levies such a water rate, continue to supply water to the inhabitants of the area at such rate or charges as were in force immediately before its inclusion in the district. Purchase of Waterworks 250. The Council may, out of any money applicable to the construction of waterworks under this Act, purchase any waterworks theretofore constructed in or beyond the district, and those waterworks when purchased shall be deemed to be waterworks constructed under this Act 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. Provisions for Protection of Water 252. 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 the river or stream to the state in which it was in all respects before that act, he is liable to a fine not exceeding one hundred pounds for every day during which the act has continued;

131 1954 Municipal Corporations No and the Council may, if it thinks fit, itself restore the river or stream to the said former state, and may recover from that person all the expenses incurred by so doing (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 (I) Bathes, or washes clothing or other thing, III any water of the waterworks; or (g) Throws any animal or refuse or litter or debris of any sort into any water of the waterworks; or (h) 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 (i) Opens the ground so as to uncover any pipe belonging to the waterworks, or connects any pipe with any such pipe, without giving the Council seven days' notice in writing of his intention so to do; or (j) 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 B-13* Offences with respect to waterworks. s.258

132 1076 No. 76 Municipal Corporations 1954 (k) 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 that officer fails to attend at the time named in the notice; or (1) 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 may, in addition to any penalty for the offence, be ordered to pay the cost incurred by the Council in repairing the injury done to any part of the waterworks by any such act. Pollution of waterworks. s.259 Factories, etc., maybe examined. s.260 Diversion of water from waterworks in case of flood. s.261 Protection of Waterworks 254. Every person commits an offence against this Act who throws or pours any pollutant, or suffers or allows any pollutant to fall or flow, into any water or watershed being a part of or taken or used for supplying water to any waterworks, or who suffers or permits any livestock of which he is the owner or of which he has control to trespass on to any waterworks, and is liable to a fine not exceeding one hundred pounds, and to a further fine not exceeding ten pounds for every day during which the offence has continued after he has received notice in writing from the Town Clerk to discontinue the same The Council may at any time, by any authorized officer or servant, enter upon any works, factory, or business premises and cause the same to be thoroughly examined in order to ascertain whether any pollutant therefrom is flowing into any such water or watershed or any waterworks, and may take samples of liquids being discharged therefrom; and, if it appears upon that examination that such is the case, the Council may recover from the person carrying on or managing or having charge or control of the works, factory, or business premises all the expenses incurred in making the examination and in analysing any sample so taken 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.

133 1954 Municipal Corporations No PART XVIII PREVENTION OF FIRES 257. (1) The Council shall fix fire hydrants in the main pipes, other than trunk mains, of the waterworks in the district at the most convenient places for extinguishing any fire, as the Urban Fire Authority approves, and shall keep those fire hydrants in effective working order. (2) Fire hydrants shall be so fixed at distances not more than one hundred yards from each other or, in the case of valve type hydrants, at such greater distances as the Urban Fire Authority approves. (3) The Council shall put near each fire hydrant a conspicuous notice or a mark of a kind approved by the Urban Fire Authority showing the situation of the hydrant, and that notice may, if the Council thinks fit, be put on any building. ( 4 ) In this section the term "trunk main " means a main used for the purpose of conveying water from a source of supply to a filter or reservoir or from one filter or reservoir to another filter or reservoir, or for the purpose of conveying water in bulk from one part of the limits of supply to another part of those limits, or for the purpose of giving or taking a supply of water in bulk. (5) vvhere the Council is dissatisfied with any decision of the Urban Fire Authority under this section, it may within one month after receiving notice of the decision appeal against that decision to a Magistrate's Court whose decision shall be final (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 fire hydrants 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 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. Fire hydrants. s , No. 92, s. 19 (1) Pipes to be kept charged with water. s , No. 92, s. 19 (2) Fire engines and other appliances may be provided. s.264

134 1078 Volunteer fire police. s , No. 3, s.22 Constables to assist person in command at a fire. s , No. 3, s.24 Damage by Mayor or Chairman deemed to be damage by fire. 1938, No. 3, s , No. 18, s.86 Application of certain provisions of Fire Services Act s , No. 3, s. 29 (a) 1949, No. 18, s , No. 98, s.2 (2) (b) No. 76 M unicipal Corporations (1) With the consent of the senior officer of the Police Force in the district, the Council may establish a volunteer fire police unit. (2) It shall be the duty of members of the volunteer fire police unit 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 person in command at the fire or by any other person duly authorized by him. (3) Every member of the unit shall be enrolled by the Mayor or Chairman, as the case may be, 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 as a member of the unit and whilst so acting in relation to any fire shall be deemed to be and shall have all the power and authority and responsibility of a constable All constables are hereby authorized and required to aid every person in command at a fire in the execution of his duty, and shall at the request of any such person 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 in the road or street or any adjoining premises, interfere with or impede the labours of the firemen All damage to property caused by the Mayor or Chairman, as the case may be, or by any person acting under the orders of the Mayor or Chairman, in the due execution of his duties under this Act relating to the prevention of fires shall be deemed to be damage by fire within the meaning of any policy of insurance against fire, notwithstanding anything in the policy to the contrary The Mayor or Chairman, as the case may be, shall have and may exercise within the district the powers and authorities conferred on a Chief Fire Officer by the Fire Services Act 1949 or by this Act, and the Mayor or Chairman, as the case may be, and the Corporation shall have the same immunities from liability in regard to the exercise of any such power and authority as a Chief Fire Officer and an Urban Fire Authoritv respectively have under the provisions of the Fir~ Services Act 1949.

135 1954 Municipal Corporations No Sections two hundred and fifty-nine to two hundred and sixty-three of this Act shall not apply to any part of any district that is included in the district of an Urban Fire Authority at any time after the thirty-first day of March next following the date on which that last-mentioned district comes into existence ( 1 ) The Council may appoint a competent person (to be called the Inspector of Buildings) whose duty it shall be, by direction of the Council, to inspect buildings in the district erected or used for residential purposes, and any buildings which, being over one storey in height, are erected or used for other purposes, and to decide what fire escapes or means of escape in the case of fire are necessary in the case of any such building. (2) Every Inspector of Buildings appointed under this section may for the purposes of this section enter into any building used for residential purposes at any time between the hours of eight o'clock in the forenoon and six o'clock in the afternoon of any day except a Sunday and may enter into any other building referred to in this section during ordinary business hours. (3) Every person commits an offence against this Act who obstructs or hinders any Inspector of Buildings in the execution of his powers under subsection two of this section (1) The Council may from time to time make by-laws for the purpose of- (a) Preventing danger from fire, and requiring owners of buildings to provide such safeguards against fire and means of escape in case of fire as the Council deems necessary: ( b) Requiring owners of buildings to install and maintain fire fighting equipment, fire protection systems, and fire alarms: (c) Requiring owners and occupiers of buildings to undertake schemes for evacuation from the buildings, and fire and panic prevention drill for staffs: Sections 259 to 263 hereof not applicable within district of Urban Fire Authority. s , No. 18, s.44 (2) 1949, No. 18, s.86 Council may appoint Inspector of Buildings. s , No. 18, s.44 (1) Council may make by-laws in respect of prevention of fire. 1938, No. 3, s , No. 60, s , No. 18, s , No. 92, s. 30

136 1080 No. 76 Municipal Corporations 1954 (d) Specifying the minimum requirements to be observed in respect of the matters set out in clause two of the Twelfth Schedule to this Act before a building may be licensed in accordance with the provisions of that Schedule: ( e) Protecting the public from danger from fire or other emergency in buildings that require to be licensed under section three hundred and nine of this Act. (2) No by-law made under this section shall come into force unless and until it is approved by the Minister. (3) The Minister may at any time, by writing under his hand, require the Council to make by-laws under this section, and in particular, but without limiting the generality of his powers hereunder, may require the Council to make by-laws prohibiting the use of any electrical installation until the installation has been inspected and approved by officers of the Council, or, as the case may be, by officers of an Urban Fire Authority, and prescribing fees to be payable in respect of any such inspection. (4) The Minister may at any time, by writing under his hand, require the Council to revoke, alter, or extend any by-laws made by it under this section. ( 5) If the Council does not within three months from the receipt of a requisition of the Minister under the foregoing provisions of this section comply with the requisition, such regulations may be made under section four hundred and ten of this Act as in the opinion of the Governor-General are necessary to give effect to the requisition, and those regulations shall have the full force of by-laws made by the Council under this section and approved by the Minister. (6) Any person who in respect of any building has paid or incurred the expenses of executing any work or installing any equipment under any by-law made under this section, or of any regulations made under this section and having effect as by-laws, may make application to the Court for an order apportioning the expenses among the several persons entitled to any estate or interest in the building or in any part thereof, and the Court may make such order concerning those expenses and their apportionment among the several

137 1954 Municipal Corporations No persons so interested as appears to the Court to be just and equitable in the circumstances of the case, having regard to the terms of any lease or contract affecting the building or any part thereof. (7) In subsection six of this section the term " Court " in any case where the expenses paid or incurred do not exceed five hundred pounds means a Magistrate's Court, and in any other case means the Supreme Court (1) The Council may, by notice in writing under the hand of the Mayor or Chairman, as the case may be, or the Town Clerk, require the occupier or, in any case where there is no occupier, the owner of any land within the district to cut down or otherwise eradicate and remove any broom, gorse, scrub, weeds, undergrowth, dry grass, or other growth on that land which in the opinion of the Council is or is likely to become a source of danger from fire. (2) Within ten days after service of the notice the occupier or owner, as the case may be, may apply to a Magistrate's Court for an order setting aside the notice. Pending the determination of the application the notice shall be deemed to be suspended. (3) On the hearing of the application the Court, whose decision shall be final, shall determine whether the notice should or should not be set aside, and in the former case the notice shall be deemed to be void. ( 4 ) In the case of a notice which is not set aside as aforesaid, if the occupier or owner fails to do any such act in compliance therewith within fourteen days from the service thereof or, where application as aforesaid has been heard, within fourteen days after the giving of the decision of the Court, he commits an offence and is liable to a fine not exceeding one pound for every day thereafter during which the failure continues, and the Council may enter upon the land and do that act and recover the cost from him. ( 5) The said cost shall be a charge on the land. ( 6) The powers conferred by this section shall be in addition to and not in substitution for any powers of the Council in that behalf under the Noxious Weeds Act Council may require removal of scrub, etc., likely to constitute a fire hazard. s.273a 1953, No. 92, s , No. 62

138 1082 No. 76 M unicipal Corporations 1954 PART XIX Council may light streets with electricity and supply electrici ty to private persons. s.287 LIGHTING, AND SUPPLY OF ELECTRICITY AND GAS Lighting, and Supply of Electricity 268. (1) The Council may do all things necessary to light the streets, private streets, and public places of the district with electricity, and to supply electricity to the inhabitants thereof; and in particular may- (a) Acquire land and erect buildings within or without the district: ( b) Procure and construct all machinery and plant necessary for electricity works: (c) Contract for a supply of electricity upon such terms and conditions as it thinks fit: (d) Erect poles with all requisite fittings thereto in the streets and public places: (e) Lay cables under the streets and public places: (f) Alter any drains or water pipes thereunder in such manner as may be necessary, but so as not injuriously to affect the same: (g) Do all things necessary to keep the electricity works, and everything appertaining to the supply of electricity, in good repair: (h) Procure and sell fittings and appliances for the use of electricity: Provided that where electricity works are at any time established in the district 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, but nothing herein shall affect the exercise by the Council of the power to purchase the first-mentioned electricity works pursuant to subsection four of this section. (2) Where the supply of electricity is at any time insufficient or not available, the Council may use any other 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 electricity works shall be deemed to include the power of extending or enlarging any such electricity works, and the said powers of construction or extending or enlarging any such works aforesaid shall be

139 1954 Municipal Corporations No deemed also to apply in respect of any electricity works acquired under any Act at any time before the commencement of this Act. ( 4 ) Instead of or in addition to constructing any electricity works the Council may purchase any electricity works constructed in the district; and those works shall, when so purchased, be deemed to be constructed under this Act. ( 5) In the exercise of the powers conferred by this section the Council shall conform to the provisions of the Public Works Act 1928 relating to electric lines The Council may contract with any other corporation or person to light the streets, private streets, and public places of the district with electricity and to supply electricity to the inhabitants of the district, and therein may authorize the corporation or person acting under the contract to exercise all or any of the powers conferred upon the Council by sections two hundred and sixty-eight, two hundred and seventy, and two hundred and seventy-one and sections two hundred and seventyseven to two hundred and eighty-four of this Act, so far as those sections are applicable to the construction and maintenance of the works necessary for effecting that lighting and to the supply of electricity as aforesaid In the exercise of the powers conferred on it by section two hundred and sixty-eight of this Act, the Council shall have power- (a) To install motors, electric wires, electric lamps, electric stoves, and other fittings and equipment in public or private buildings, works, dwellings, and other places, and to charge rent for the use thereof, or to accept payment therefor by instalments or otherwise: (b) To purchase motors, stoves, fittings, machinery, and other equipment for the use of electric energy as applied to individual, domestic, and other purposes, and to sell the same to users of electric power at such price as it thinks fit, either for cash or on terms, or lease the same, with or without purchasing clauses: See Reprint of Statutes, Vol. VII, p.622 Council may contract with other persons for lighting of streets and supply of electricity. ss. 286, 287 Council may install, purchase, or sell electric fittings an d equipment. 1936, No. 58, s.58

140 1084 Supply of electrici ty to persons beyond the district. s.288 Council may establish gasworks. 1933, No. 3D, s.274 Council may make provision for supply of gas to private persons. s , No. 74, s. 11 (2) No. 76 Municipal Corporations 1954 (c) Generally to do all things which, in its judgment, may promote the use of electric energy within the district A Council, having established electricity works for the purpose of lighting the streets and public places of the district and of supplying electricity to the inhabitants of the district, may- ( a ) Supply electricity to any person residing beyond the district, with the consent of the local authority of the district (whether a borough or town district or not) in which the supply is given, and the provisions of this Act as to the supply of electricity to the inhabitants of the district shall, as far as they are applicable, extend and apply to the case of the supply of electricity beyond the district; and ( b) Contract with the local authority of any adjoining district of any kind to supply electricity to that local authority upon such terms and conditions as may be mutually agreed upon. Supply of Gas 272. (1) The Council may do all things necessary to supply gas to the inhabitants of the district. (2) In the exercise of the powers conferred by subsection one of this section the Council may- (a) Exercise all the powers conferred upon it by sections two hundred and sixty-eight and two hundred and sixty-nine of this Act as if references in those sections to the supply of electricity and to electricity works were references to the supply of gas and to gasworks respectively; and (b) Lay pipes under the streets and private streets and public places in the district (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 the building with gas and to measure the quantity consumed:

141 1954 M unicipal Corporations No Provided that nothing in this subsection shall apply with respect to any Council which is licensed under Part XIII of the Public Works Act 1928 to supply electricity and which also owns or operates a gasworks. (2) In any case to which subsection one of this section applies 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 the 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 the owner or occupier may agree in writing that any money 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 cen t per annum In the exercise of the powers relating to the supply of gas conferred on it by this Part of this Act the Council shall have power- (a) To install gas cookers, service pipes, and other fittings and equipment in public or private buildings, works, dwellings, and other places, and to charge rent for the use thereof or to accept payment therefor by instalments or otherwise: (b) To purchase gas cookers, service pipes, and other fittings and equipment for the use of gas as applied to individual, domestic, and other purposes, and to sell the same to users of gas at such price as it thinks fit, either for cash or on terms, or lease the same, with or without purchasing clauses: t( ~;? I, liio. It See Reprint of Statutes, Vol. VII, p. 767 Council may install, purchase, or sell gas fittings and equipment. 1938, No. 3, s. 31 (1)

142 1086 Council may supply gas to persons outside the district. s.280 No. 76 Municipal COl porations 1954 (c) Generally to do all things which, in its judgment, may promote the use of gas within the district The Council may supply any person outside the district with gas, upon such terms and conditions and at such rates as may be agreed on with that person, and for that purpose shall have the same powers outside the district as it has within the district under the provisions of this Part of this Act: Provided that the power conferred by this section shall be exercised in any district (whether a borough or town district or not) only with the consent of the local authority thereof or any other body which supplies gas within that district pursuant to any statutory authority in that behalf, or which being so authorized is willing to supply gas within that district. Electricity works and gasworks to be vested in Corporation. s.275 Private consumer to supply fittings. s.277 Right of entry on land or buildings for inspection of fittings. s.278 General Provisions Relating to Supply of Electricity and Gas 276. All electricity works and gasworks constructed or acquired by the Council shall by virtue of this Act be vested in the Corporation of the district Every private consumer of electricity or gas shall provide such fittings and appliances for the proper use of electricity, or, as the case may be, 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 those fittings and appliances on any premises when required to do so by the Council, the Council may cut off the supply of electricity or gas, as the case may be, from those premises 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 a Sunday, enter upon any land or building supplied with electricity or gas under this Act in order to examine the electric wires, meters, and other fittings and equipment thereon or therein or, as the case may be, the gas pipes and fittings and the gas meters thereon or therein, and in any case of emergency involving possible danger to life or property

143 1954 Municipal Corporations No from any cause any such person may make such an entry for those purposes at any hour of the day on any day in the week; and, if he is refused admittance, or obstructed in his examination, the Council may, without prejudice to any other remedy, cut off the supply of electricity or gas, as the case may be, from the land or building (1) Every person commits an offence against this Act who alters the index of or in any other manner tampers with an electricity or gas meter, with intent to defraud the Corporation. (2) No private consumer of electricity or gas shall alter the position of any meter without giving to the Council three days' notice in writing of his intention so to do; and any person making such an alteration without that notice is liable to a fine not exceeding ten pounds Nothing in this Act shall be deemed to authorize the Council to lay any part of the electricity works or 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 electric wires or fittings or equipment or gas pipes or fittings have been lawfully laid under this Act, and may alter, repair, or replace the same as it thinks fit The Council may from time to time fix a uniform price at which electricity or gas shall be supplied to all private consumers, and the times when the same shall be payable If any person fails to pay any money due on account of electricity or gas or any electricity or gas rate, the Council may, without prejudice to any other remedy in that behalf, cut off the supply of electricity or gas, as the case may be, from the premises of that person All money receivable as the price of electricity or gas supplied shall be deemed to be a separate rate, and may be recovered accordingly The directors of any electricity or gas company pursuant, in the case of a company registered under the Companies Act 1933, to a special resolution of the members passed in manner provided by that Act, and, in the case of any other company, to a resolution Offences with respect to meters. s.279 Except as specially provided Council not to interfere with private property. s.281 Council to fix price of electricity and gas. s.282 Council may cut off supply of electricity or gas. s.283 Recovery of electrici ty or gas charges. s.284 Electricity or gas company may sell works to Corporation. s , No. 29

144 1088 Council may advance to occupier of premises the cost of installation of electricity or gas. s , No. 2, s. 20 (8) 1938, No. 3, s. 31 (2) No. 76 Municipal Corporations 1954 passed by not less than 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 district, 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 purchase (1) The Council may make advances to the owner or occupier of any premises for the purpose of enabling him to do all things necessary (including the provision of service pipes, fittings, appliances, and meters) to connect those premises with any electricity main or with any main gas pipe. Instead of making an advance as aforesaid to any owner, the Council may, by agreement with the owner, itself do all such things as aforesaid, and all money expended by the Council pursuant to that agreement, together with a sum equal to five per cent of the amount so expended by the Council to cover the cost of supervision by the servants of the Council, shall be deemed to be an advance for the purposes of this section. ( 2) For the purposes of this section, all money owing to the Council by the owner or occupier of any premises in respect of anything done to or installed in the premises or sold for use in the premises pursuant to section two hundred and seventy or section two hundred and seventy-four of this Act, shall be deemed to be an advance made by the Council to the owner or occupier under subsection one of this section. (3) The Council and the owner or occupier may agree that the amount of any advance shall be repayable in one amount at a fixed time with interest at a rate not exceeding six per cent per annum, or by instalments extending over a number of years with interest not exceeding the rate aforesaid. The agreement may contain any incidental provisions and may provide for the earlier payment of instalments, or any of them, on terms to be mentioned in the agreement: Provided that where the agreement makes no provision as aforesaid for early payment of instalments the Council shall accept the whole of the unpaid instalments

145 1954 Municipal Corporations No 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 tender. (4) Subject to section two hundred and eighty-six of this Act, the amount of every advance shall be a charge on the land upon which the premises are situate, and that amount or the amount of any instalment thereof may be recovered as rates are recovered under the Rating Act 1925, and the provisions of that Act as to recovery of rates shall apply accordingly. (5) A separate book shall be kept by the collector of rates to the Council, in which particulars of the 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 that book shall be prima facie evidence of the correctness of its contents. (6) Interest money on any advances shall be applied in or towards payment of the annual charges in respect of any special loan raised under subsection seven of this section. (7) 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 (1) Where the total amount of any advance made to the occupier of any premises, pursuant to section two hundred and eighty-five of this Act, or heretofore made pursuant to any lawful authority in that behalf after the passing of the Municipal Corporations Amendment Act 1928, in respect of the cost of installing electricity or gas therein, together with any amount then outstanding in respect of prior advances for a like purpose, exceeds thirty pounds, the amount of the advance shall not be a charge on the land upon which the premises are situated, unless before that installation consent in writing is given thereto by or on behalf of the owner (if the occupier is not the owner), and, where the land is subject to any registered mortgage, is also given by or on behalf of the mortgagee or mortgagees. (2) Subsection four of section two hundred and eighty-five of this Act shall be read subject to the foregoing provisions of this section. See Reprint of Statutes, Vol. VII, p. 977 See Reprint of Statutes, Vol. V, p. 360 When advance not to be a charge on land. s , No. 51

146 1090 Saving of agreements. s.291 No. 76 Municipal Corporations Nothing in this Part of this Act shall prejudicially affect any agreement for the time being existing between any Council and any person or corporation in respect of electricity works. Powers of Council with respect to preserva tion of public health. s.293 See Reprint of Statutes, Vol. VI, p Council may appoint Sanitary Inspectors. s , No. 3, s. 32 (3) Duties and liabili ties of Sanitary Inspectors. s. 296 (2) 1938, No. 3, s. 32 (3) Inspector to have warrant of appoin tmen t. s , No. 3, s.32 (3),.. ",{ "'.. ' ' ;.; '2.!"~ PART XX PUBLIC HEALTH AND CONVENIENCE General 288. 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 the district. ' (1) The Council may from time to time appoint, and may remove and reappoint, one or more competent persons to be Sanitary Inspector or Sanitary Inspectors, 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 The Council may from time to time define the duties and liabilities of Sanitary Inspectors. A. a.1t ){ (1) Every Sanitary Inspector shall be appointed by warrant under the hand of the Mayor or Chairman, as the case may be, and shall produce that 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 district every appointment, resignation, or removal of any such Inspector. (2) In the absence of the Mayor or Chairman, as th~ case may be, any two Councillors may, by direction of the Council, sign the warrant of appointment of any

147 1954 M unicipal Corporations No person as a Sanitary Inspector, or sign any order requiring the owner or occupier of any land or buildings within the district to clean and purify the same or to abate any nuisance therein or thereon. (3) Where the case requires immediate attention the Mayor or Chairman, as the case may be, 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 the case to the Council at its first meeting for confirmation If any person represents himself to be a Sanitary Inspector, not having such a warrant, or acts under such a warrant after he has ceased to hold office as a Sanitary Inspector, he commits an offence against this Act. Nuisances 293. (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 district, or any offensive matter used as manure and placed on any land in a district, 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 that person is or is not the owner or occupier of the premises in respect of which the 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 the nuisance, he commits a further offence and is liable to a further fine not exceeding five pounds for every day or part of a day from and after the conviction during which the 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. }. I{,. " ;;,.. "'': Penalty for acting without warrant. s.296 (1) 1938, No. 3, s. 32 (3) General penalty in respect of nuisances. s.297

148 1092 No. 76 M unicipal Corporations 1954 Council may take proceedings for abatement of nuisances. s.298 Provisions of this Part to be in addition to other remedies in respect of nuisances. s.299 Application to Crown. s.300 Governor General may make regulations as to inspection of milk and dairies, etc. s , No. 30, s The Council may, if in its opinion summary proceedings ~ould afford an inadequate remedy, cause any proceedings to be taken against any person in any Court of competent jurisdiction to enforce the abatement or prohibition of any nuisance under this Act, or any by-law made thereunder, and may order the expenses of and incident to all such proceedings to be paid out of the District Fund The provisions of this Part of this Act relating to nuisances shall be deemed 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 The provisions of this Act relating to nuisances shall bind the Crown. Inspection of M ilk and Dairies 297. Without limiting the general power to make regulations conferred by section four hundred and ten of this Act, regulations may be made under that section for the following purposes or any of them, and so that any such regulations may either be of general application throughout all districts or apply to one or more districts only: (a) For the registration with a Council of all persons carrying on within the district the calling of dairy farmers, 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 calling of dairy farmers or dairymen, or used by them in connection with any 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:

149 1954 Municipal Corporations No (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 that 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: Provided that nothing in this section or in any regulations made pursuant to this section shall apply with respect to any district or portion of a district that is situated within a milk district constituted under the Milk 1944, No. 30 Act Baths and Wash houses 298. (1) The Council may provide and maintain public baths and washhouses either within or without the district, and may purchase or otherwise provide all such land, buildings, appliances, and conveniences as are necessary to enable the inhabitants of the district to use and enjoy those 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 All public baths or baths open to the public with or without charge now existing, or which may hereafter be established, within any district, 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 those baths, whether the same were or were not established by the Council. Council may maintain public baths and washhouses. s.302 Public baths to be subject to by-laws. s.303

150 1094 No. 76 Municipal Corporations 1954 Powers of Council with respect to dangerous, deserted, ruinous, and dilapidated buildings. s , No. 60, s.35 (1)-(7) 1953, No. 92, s.28 Dangerous, Deserted, and Dilapidated Buildings 300. (1) On being satisfied that any building in the district is in such a condition as to be dangerous to persons therein or in any adjoining building or on any adjoining land or to passers-by, the Council may- (a) Put up a hoarding or fence so as to prevent persons approaching nearer thereto than is safe: ( b) Give notice to the owner of the building to remove danger either by securing or by taking down the building within a time specified in the notice, and the Council shall send a copy of the notice to every person having a registered interest in the land under any mortgage or other encumbrance. (2) The Council, on being satisfied that any building in the district 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 fourteen days' notice in that behalf to the owner and to every person having a registered interest in the land under any mortgage or other encumbrance, cause the building to be pulled down, and may destroy, or sell and retain the proceeds of, the materials composing the same. (3) The Council, on being satisfied that any building (other than a dwellinghouse) in the district is in a dilapidated or ruinous condition, may give notice to the owner of the building to repair or take down the building within a time specified in the notice, and shall send a copy of the notice to every person having a registered interest in the land under any mortgage or other encumbrance. ( 4) If the owner of the building does not, within the time specified in any notice under subsection one or subsection three of this section, remove all danger by securing or taking down the building or, as the case may be, repair or take down the building, or commence to do so within that time and proceed therein with all reasonable expedition, a Magistrate's Court may, upon the application of the Council and after notice to the owner and to every person having a registered interest in

151 1954 M unicipal Corporations No the land under any mortgage or other encumbrance, order the building to be secured or taken down or, as the case may be, to be repaired or taken down, as the Court thinks fit, within a time specified in the order. (5) If the order is not obeyed, the Council may cause the building to be secured or taken down or repaired in compliance with the order. (6) The Council may recover from the owner the cost of any hoarding or fence put up under subsection one of this section and the cost of securing or taking down or repairing any building under this section, together with all expenses incurred by the Council under this section. (7) Any such notice or order to the owner may, in the absence of the owner, be given by being posted by registered letter addressed to him at his last known address, or by being served upon his agent or upon the occupier (if any) of the building, or, if the owner's address is not known and he has no known agent and the building is unoccupied, by fixing the same on the building. (8) Any such notice to any other person having an interest in the land may be given to him by serving the same upon him personally or by posting it by registered letter addressed to him at his last known address or by serving it upon his agent. (9) If the building is taken down by the Council, the Council may destroy or sell the materials or any part thereof, and apply the proceeds in or towards payment of the expenses incurred under this section, and shall apply the residue (if any) in payment of any registered encumbrances on the land in the order of their priority, and shall upon demand pay the balance (if any) to the owner. (10) In any case in which immediate danger is apprehended arising from the condition of any building the Mayor or Chairman, as the case may be, may, upon the report of some competent person appointed by the Mayor or Chairman, as the case may be, 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.

152 1096 Money expended to be a charge on land. 1944, No. 18, s , No. 60, s. 35 (8) See Reprint of Statutes, Vo!. VII, p No. 76 Municipal Corporations 1954 ( 11) The Council may recover from the owner all expenses incurred in taking any measures under subsection ten of this section to secure the safety of the public. (12) The term "building" in this section includes any part of a building, or anything affixed thereto, and also a wall or fence, whether forming part of a building or not (1) In any case where an order has been made under section three hundred of this Act requiring any dangerous building to be secured or taken down or any dilapidated or ruinous building to be repaired or taken down and any money is recoverable by the Council under the provisions of that section, the Council may deposit with the District Land Registrar or the Registrar of Deeds, as the case may be, in the land regi~tration district in which is situated the land whereon the building was erected, a certificate under the hand of the Town Clerk or other responsible officer of the Council describing the land and specifying the amount recoverable as aforesaid, and the Registrar shall thereupon register the certificate in respect of that land. (2) The money specified in a certificate registered under this section in respect of any land shall, until the payment thereof, be a charge on the land. The charge shall be deemed to have been created at the time of the registration of the certificate, and that registration shall be deemed to be registration of the charge for the purposes of the Statutory Land Charges Registration Act (3) Every charge created by this section shall, save as hereinafter provided, have priority over all existing or subsequent mortgages, charges, or encumbrances howsoever created. Notwithstanding anything to the contrary in any other Act, if any land subject to a charge created by this section is also subject to a charge created by that other Act, the charges shall rank equally with each other unless by virtue of that other Act the charge created thereby would be deferred to the charge crea ted by this section.

153 1954 Municipal Corporations No Preventing Overcrowding 302. (1) Every person who erects a new dwellinghouse in the district shall in accordance with this section provide at the side or in the rear thereof an open space exclusively belonging to the dwellinghouse. (2) That open space shall contain not less than three hundred square feet, and shall extend throughout the entire width or, in the alternative, throughout the entire depth of the site. I t 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 that 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 (b) If the height exceeds fifteen feet but does not exceed twenty-five feet (c) If the height exceeds twentyfive feet but does not exceed thirty-five feet Fifteen feet. Twenty feet. Twenty-five feet. (d) If the height exceeds thirtyfive feet Thirty feet. (4) Notwithstanding anything in subsection three of this section, if the site of ~ 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 the 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 or after the commencement of this Act), or any other building or Provisions for prevention of overcrowding of buildings. s , No. 92, 8.21(1)

154 1098 No. 76 Municipal Corporations 1954 See Reprint of Statutes, Vol. IV, p. 234; reprinted 1951, p.946 erection is erected upon the site of any such dwellinghouse, the open space attached to the dwelling-house shall not be diminished by the alteration or addition or building or erection so as to leave a smaller 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 dweilinghouse only, or an addition to or raising of an existing dwellinghouse (so far as that 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 the 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 the side boundaries shall be taken as the depth of the site for the purpose of defining the distance across that 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 a half times the area hereinbefore required to be left at the side or in the rear of the dwellingho~se: 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) In this section the term " dwellinghouse " means a house occupied as a separate dwelling; and includes a boardinghouse, lodginghouse, and apartment house and a building divided into residential flats; but does not include any premises licensed under the Licensing Act 1908, or any other premises excluded from the operation of this section by the Council pursuant to hylaws in that behalf.

155 1954 Municipal Corporations No (1) Every person who knowingly permits any building to be occupied or alters or adds to any dwellinghouse or erects any building or other erection in breach of section three hundred and two of this Act, or of any by-law made thereunder, is liable to a fine not exceeding two pounds for every day during which the breach continues. (2) Every dwellinghouse which is not in accordance with the provisions of section three hundred and two of this Act shall be deemed to be unfit for occupation, and shall be dealt with under the Health Act 1920 accordingly Where any person is convicted of a breach of subsection six of section three hundred and two of this Act, the Council may cause the alteration or addition made or the building or erection erected in breach of that subsection to be pulled down or removed, and may recover from the person committing the breach all expenses incurred by the Council in connection with the pulling down or removal. Illegal occupation of building. s , No. 92, s. 21 (2) (3) See Reprint of Statutes, Vol. VI, p Removal of building illegally erected, etc. s.307 (3) 1953, No. 92, s. 21 (3) PART XXI PUBLIC RECREATION, INSTRUCTION, AND AMENITIES 305. (1) In order to provide for the health, amusement, and instruction of the public the Council may- ( a ) Take, purchase, or otherwise provide and maintain land and buildings within or without the district to be used as, or for the purpose of, pleasure grounds, sports grounds, rifle ranges, gymnasia, physical training schools, gardens, zoological gardens, music and dance halls, libraries, museums, and art galleries: (b) Layout, improve, and plant any such land and provide the same with all materials and equipment of any kind whatever and all animals necessary for the full use of the land for the purpose of which it is acquired: ( c ) Furnish any such buildings with books, and works of nature or art, and with all such things as the Council thinks fitting for those purposes: Powers of Council in relation to public recreation and instruction, etc. 1933, No: 30, s , No. 60, s.4

156 1100 No. 76 (d) M unicipal Corporations 1954 If it thinks fit, fix reasonable charges to be paid for the use of any such land or buildings, subj~c~ in the case of a library to the following provisions: (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 or pay to any person or persons such sums as it thinks fit for providing musical entertainments and cinematograph or similar exhibitions in any building owned by or leased to the Corporation of the district or on any steamers or other vessels forming part of a ferry service established by the Council or at any terminus of any such service, and make such charges for admission to those entertainments or exhibitions as it deems reasonable: (I) Prepare and publish handbooks, abstracts, or other publications containing information and matters of interest relative to the history, administration, and affairs of the district, purchase publications containing photographic views of the district, and prepare and disseminate information that is designed to educate and instruct the public concerning local government activities in the district or that has for its object the advancement or development of the district. (2) The Council may make grants of money or grant leases of land at such rental for such term and on such conditions as it thinks fit to the trustees or other governing authority of any body (whether incorporated or not) which is not conducted for private profit and the object or principal object of which is to establish, maintain, control, conduct, aid, or carry on any of the following: ( a) Technical or secondary schools, agricultural schools or model farms, or classes conducted by the Workers' Educational Association: (b) Libraries, museums, athenaeums, art galleries, mechanics' or youths' institutes, or trades halls:

157 1954 Municipal Corporations No ( c) Dental clinics, creches, district nurses, or any branch of the Royal New Zealand Society for the Health of Women and Children, or other body formed for the object of conserving the health of the community or tending the sick or injured: (d) Generally any purpose of recreation, enjoyment, health, education, or instruction, or of improving or developing public amenities. (3) In addition to all such powers as aforesaid, the Council may, with the consent of the trustees or other governing authority of any such body as aforesaid, assume control of any institution conducted by that body and acquire the property thereof, and those trustees and governing authorities are hereby authorized to give that consent and to transfer that property to the Corporation The Council having the management and control of any public reserve not vested in the Corporation of the district may borrow money by way of special loan under the Local Bodies' Loans Act 1926, and expend the proceeds of the loan on the improvement and development of the reserve Where any money is appropriated to the purposes of any recreation or other reserve, and there is a surplus of that money after defraying the cost of maintenance of the reserve and other charges and expenses in connection therewith, it shall be lawful for the Council to expend all or any part of that 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. Council may borrow for improvement of public reserves managed and controlled by it. s.309 See Reprint of Statutes, Vol. V, p. 360 Surplus money appropriated for any reserve maybe expended on other reserves. s.31o PART XXII BUILDINGS FOR PUBLIC MEETINGS, ETC In this Part of this Act, and in the Twelfth Schedule to this Act, the term " building" includes any part of a building or any enclosure, ground, or premises whatsoever. " Building" defined. s.311

158 1102 No. 76 Municipal Corporations 1954 Buildings for public meetings to be licensed and inspected. s , No. 3, s , No. 3, s.29 (b) 1948, No. 60, s.40 (2) 1949, No. 18, s , No. 98, s.2 (2) (b) Entertainments on Sunday, Good Friday, or Christmas Day to be subject to approval by Council. s.313 Register of licensed buildings. s.314 Inspection of licensed buildings. 1938, No. 3, s , No. 18, s , No. 98, s.2 (2) (b) 309. (1) It shall not be lawful to use any building within the district 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 showground, or for any public performances or public amusements whatever, whether a charge is made for admission thereto or not, unless and until the building is licensed in accordance with the provisions of the Twelfth Schedule to this Act. (2) This Part of this Act and also the said Twelfth Schedule shall apply to all buildings used for purposes of public worship, except that no licence fee shall be payable in respect of any building exclusively used for such purposes (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 ~uch conditions in every respect as the Council may Impose. (2) The Council may exercise that power either generally or in any particular case or class of cases, and may delegate that power to any of its members The Council shall keep a register of all buildings licensed in accordance with the Twelfth Schedule to this Act including all the particulars stated in the application for a licence (1) The Engineer, the Inspector of Buildings, and any other person appointed in that behalf by the Council, and, in the case of any part of any district that is included in the district of an Urban Fire Authority, the Chief Fire Officer and any other officer appointed in that behalf by the Chief Fire Officer, shall have at all times free access to any part of any licensed building in order to inspect it or to ascertain whether sufficient safeguards against fire and means of escape in case of fire are provided in respect of the building. (2) Every person commits an offence against this Act who obstructs or hinders the Engineer, the Inspector of Buildings, the Chief Fire Officer, or any other officer as aforesaid in the execution of his powers under subsection one of this section.

159 1954 Municipal Corporations No (1) The occupier or person having control of any building licensed in accordance with the provisions of the Twelfth Schedule to this Act shall keep all aisles and exit passages in the building and all exits therefro:n free from obstruction, and shall prevent persons from standing or sitting in those aisles, exit passages, and exits while the building is being used for any of the purposes specified in section three hundred and nine of this Act. The Engineer, the Chief Fire Officer, or any person authorized in that behalf by either of them, may himself remove any such obstruction or direct any person remaining in any such aisle, exit passage, or exit to leave the same. (2) Every person commits an offence against this Act who commits any breach of the provisions of this section, or who fails to comply with any direction of the Engineer, Chief Fire Officer, or other person as aforesaid, or who in any way hinders or prevents the removal of any such obstruction. Passages in and exits from licensed public buildings to be kept clear. 1938, No. 3, s , No. 18, s , No. 98, s.2(2) (b) 3i4. (1) Without limiting the general power to make Regula.tions for regulations conferred by section four hundred and ten of probtlt:cttn of h A hi' b d d h. pu IC rom t IS ct, suc regu auons may e ma e un er t at section danger from as in the opini.on of the Governor~General may b~ neces- :~e~~~~~;rin sary or expedient for the protection of the pubhc from theatres, etc. danger caused by any emergency or fear of an emergency 1944, No. 25, (whether arising from fire or earthquake or otherwise) in s.45 buildings licensed under this Part of this Act. (2) Without limiting the general power hereinbefor~ conferred, it is hereby declared that regulations may be made pursuant to this section for all or any of the following purposes: (a) Requiring and regulating the employment in buildings to which this section applies of qualified persons as fire protection watchmen, and of other persons, and prescribing their qualifications, training, duties, and powers:. (b) Requiring the provision for and the wearing by any such persons of uniforms or other distinctive indications of their positions: (c) Prescribing the duties and powers of managers of such buildings: (d) Requiring and regulating the keeping of records and the provision, maintenance, repair, testing, and operation of systems of communication:

160 1104 No. 76 Municipal Corporations 1954 Cancellation or suspension of licence. s , No. 3, s.29 (c) Penalty for using unlicensed building. s.317 Further provisions with respect to licensing buildings for public meetings, etc. s.318 ( e ) Prescribing the duties and powers of Councils and other bodies and persons: (I) Providing for the education and training of the public in safety precautions, and for the giving of directions to members of the public: (g) Providing for appeals from decisions made under the regulations: ( h) Prescribing penalties (not exceeding fifty pounds in any case) for breaches of the regulations or of any directions given under the regula tions (1) Upon being satisfied that any licensed building has become insecure, or is not provided with sufficient safeguards against fire or means of escape in case of fire, 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 licence, the Council may cancel or suspend the licence either wholly or for such period as it thinks fit, and shall forthwith give notice to the licensee of the cancellation or suspension. (2) The licensee shall have the same right of appeal from the cancellation or suspension of his licence as is given in the Twelfth Schedule to this Act to a person to whom a licence is refused, and a Magistrate's Court shall have the power to revoke any such cancellation or suspension 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 mentioned in section three hundred and nine of this Act, not having a licence for the same, or while the licence is cancelled or suspended as herein before provided, he is liable to a fine not exceeding twenty pounds (1) Notwithstanding anything in this Part of this Act or in the Twelfth Schedule to this Act, the Council may- ( a ) Refuse to grant a licence to use a building for any of the purposes mentioned in section three hundred and nine of this Act to any person if it is satisfied that he is not a person of good character and reputation:

161 1954 Municipal Corporations No ( b) Suspend or cancel a licence, either wholly or for such period as it thinks fit, if satisfied that the licensee has since the granting of the licence become of bad character and reputation or otherwise not a fit and proper person to hold such a licence, and forthwith give to the licensee notice of the suspension or cancellation. (2) Before refusing any licence pursuant to the authority conferred by paragraph (a) of subsection one of this section the Council shall give to the applicant an opportunity to be heard before a committee of the Council. (3) Every person aggrieved at the refusal of the Council to grant a licence, or any licensee aggrieved at the cancellation or suspension of his licence, pursuant to the authority conferred by this section, shall have the same right of appeal as is given in the Twelfth Schedule to this Act to a person to whom a licence is refused, and a Magistrate's Court shall have the power to direct the Council to issue a licence or to revoke any such cancellation or suspension. PART XXIII MARKETS, WEIGHING MACHINES, AND PUBLIC SERVICES 318. The Council may provide market places in the CouI}cil may district, and for that purpose may acquire land and provlkdte 1 h 11 h b ld d d 11 h mar e paces. erect t ereon a suc U1 mgs an provl e a suc 1933 No. 30 things as are necessary or convenient for holding markets s.319 ' thereon, and may make all convenient approaches thereto (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 money is in this Part of this Act referred to as market charges. B-14 Council may fix market charges. s.320

162 1106 No. 76 Municipal Corporations 1954 Council may let market charges. s.321 Recovery of market charges. s.322 Council may provide public weighing machines. s.323 Council may sell fue1. s.324 Council may (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 (1) If any person neglects or refuses to pay any market charge on demand, the Council may cause the charge to be levied by distress and sale of the property in respect of which the 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 (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, and those charges shall be deemed to be market charges for the purposes of sections three hundred and nineteen to three hundred and twenty-one of this Act. (2) Any person may require any vehicle, whether loaded or unloaded, to be weighed at a public weighing machine The Council may purchase and sell coal, coke and other products obtained from coal, and firewood on such terms as it thinks fit The Council may purchase and sell road metal or other road making material of any kind whatever on :~t~ri~.maklng s. 325 such terms as it thinks fit, or instead of purchasing may itself quarry road metal. Governor (1) Without limiting the general power to make ~ili~ri~:ay Councils to regulations conferred by section four hundred and ten of this Act, regulations may be made under that section f~;~~~set~fde authorizing and controlling the establishment or purchase carrying on and the equipment and maintenance by Councils of- ~:~~~~ublic (a) Milk stations for testing, treating, and distribut- ing the milk supply of the district, and the s. 326 carrying on by Councils of the business of a 1944, No. 30, dealer in milk and milk products and ice: s.119

163 1954 Municipal Corporations No Provided that nothing in this paragraph shall authorize the making of any such regulations having effect in any part of the district that is situated within a milk district constituted under the Milk Act 1944: 1944, No. 30 ( b) Refrigerating chambers and chambers for the cool storage of articles of food of a perishable nature intended for human consumption; ( c ) Trawlers for the purpose of engaging in fishing and the carrying on by Councils of the business of dealing in fish; (d) Bakeries, and the carrying on by Councils of the business of a baker; ( e ) Brickmaking works, and the carrying on by Councils of the business of a brickmaker; and (I) Any other trading undertakings deemed by the Council to be necessary or desirable in the interests of the citizens. (2) Regulations made under this section may apply generally to all Councils or to any specified Council. (3) The 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, fix such charges as it thinks fit. PART XXIV HOUSING 326. In this Part of this Act, otherwise requires,- B-14* unless the context Interpretation. " Building society" means a society formed under or subject to the Building Societies Act 1908: " Estimated value" means the value as estimated in a valuation made on behalf of the Council for the purposes of this Part of this Act: "Financial institution" means any Government department, building society, savings bank, company, or body corporate (whether incorporated in New Zealand or elsewhere) empowered to lend money on mortgage of land: s , No. 3, s. 34 (1) 1948, No. 60, s.3 See Reprint of Statutes, Vol. I, p. 708

164 ll , No. 62 Council may acquire land for housing. 1948, No. 60, s , No. 92, 5.32 (I) See Reprint of Statutes, Vo!. VII, p.622 Council may subdivide land. 1948, No. 60, s , No. 60, s.7 Council may erect or purchase houses. s , No. 3 s. 34 (2) No. 76 Municipal Corporations 1954 " House" means any house, or part of a house, occupied as a separate dwelling; and includes a lodginghouse; and also includes outbuildings, paths, and fences and any land, not exceeding three acres, appurtenant to a house: " Insurance fund " means an insurance fund established under section three hundred and fortyfive of this Act: "Savings bank" means a trustee savings bank constituted under the Trustee Savings Banks Act 1948: " Services" includes water supply, sewerage, drainage, electricity, and gas: " Valuer" means the officer or valuer appointed from time to time by the Council as Valuer for the purposes of this Part of this Act. Acquisition and Subdivision of Land for Housing 327. (1) The Council from time to time may purchase or may take or otherwise acquire under the Public Works Act 1928 any area or areas of land within the district for housing purposes. (2) Subject to the provisions of section eighteen of the Public Works Act 1928, land may be purchased or taken or otherwise acquired under this section whether or not there are buildings on the land The Council may subdivide or re-subdivide any land acquired as aforesaid, and any other land vested in it and not held upon trust for any particular purpose other than housing, into suitable building allotments, and may construct thereon streets, service lanes, and accessways, and such other public works as may be deemed necessary for the use, convenience, and enjoyment of the land for residential purposes, and may provide services and develop the land as building allotments. Erection and Purchase of Houses 329. (1) The Council may, on any land purchased, acquired, or appropriated by it for the purpose, either within the district or adjacent thereto, erect houses, or may purchase or otherwise acquire any buildings with or without lands for that purpose, and may convert any

165 1954 Municipal Corporations No buildings into houses, 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 houses. (3) The Council shall manage and control every such house that it so fits up, furnishes, and supplies as aforesaid. ( 4) The Council may make reasonable charges for the tenancy or occupation of the houses provided under this section. ( 5) It shall be obligatory on every Council that establishes any lodginghouse under this section to make by-laws for the management and control thereof by the Council, and for the observance of proper conduct therein. (6) The erection of houses for the purposes of this section shall be deemed to be a public work within the meaning of the Public Works Act Sale and Lease of Houses and Building Sections See Reprint of Statutes, Vol. VII, p The Council may- Council may (a) Se!l any buildin~ allo!me~t up~:m such terms as in h~~~:slease Its absolute discretion It thinks proper to any and.building person desirous of building thereon for the sections. personal occupation of himself and his family: ;.9jig ~1) 30, (b) Sell to any person desirous of personally occupy- 1948, No. 60, ing the same with his family any house with ss. 12 (1),15. h h 11 h' h. (1) (2) or WIt out tea otment upon w IC It IS 1953 No. 92 erected upon such terms as in its absolute dis- s. 32 '(2), cretion it thinks proper: ( c) Lease any building allotment to any person desirous of personally occupying with his family any house already on the allotment: (d) Lease to any person for the purpose of erecting a house any building allotment (not being a public reserve under the Reserves and Domains 1953, No. 69 Act 1953 or land held upon trust for any particular purpose other than housing) on which no buildings are erected: ( e) Either itself erect and sell to the lessee a house on any building allotment so leased, or lend money to the lessee to enable him to erect a

166 1110 No. 76 Municipal Corporations 1954 Provisions as to leases. 329(1) (a) 1948, No. 60, s.12 See Reprint of Statutes, VQl.IV, p house thereon, and may provide for the repayment of any such loan, with interest, by instalments as hereinafter mentioned: (f) Advance money to any person to enable him to erect a house on any land of which he is the owner, or to acquire land and erect a house thereon, or to acquire land with a suitable house already erected thereon, and may provide for the repayment of the advance with interest by instalments (1) Subject to the provisions of this section, every lease under section three hundred and thirty of this Act shall, at the option of the Council, be granted either- ( a) In accordance with the provisions of section one hundred and fifty-two of this Act, but the provisions of section one hundred and fifty-three of this Act shall not apply to any such lease if there is a covenant therein that the lessee will erect one or more houses on the land not later than two years after the commencement of the lease; or (b) On any of the tenancies authorized by section five of the Public Bodies' Leases Act If the lease is granted on the terms mentioned in the First Schedule or Second Schedule to that Act, then to the extent to which the house has been paid for by the lessee (whether out of his own money or by repayment by instalments of the loan money) the house shall be deemed an improvement effected by the lessee during his tenancy. (2) Where any such lease is granted, as provided in paragraph ( a) of subsection one of this section, the following provisions shall apply, namely: ( a ) The annual rent throughout the term of any terminating lease shall not be less than four per cent of the unimproved value of the land to be fixed by the Valuer and approved by the Council: ( b) The annual rent for renewal terms of any such lease shall be fixed by valuation as provided in the said section one hundred and fifty-two,

167 1954 Municipal Corporations No but shall in no case be less than four per cent of the unimproved value of the land according to the Government valuation roll for the time being in force: ( c ) Any such lease may contain a provision whereby the lessee shall have the right at any time to purchase the fee simple of the land comprised therein at a price equal to twenty-five times the annual rent payable under the lease at the time of the tenant's election to purchase. Every such purchase shall be completed within six months after the date of the election: (d) On any such election by a lessee to purchase during the subsistence of any mortgage under this Part of this Act affecting the leasehold interest of the lessee in the land concerned, the lessee shall, on the completion of the purchase, either fully payoff and satisfy the mortgage or execute in favour of the same mortgagee a new mortgage of the fee simple of the land securing the money still remaining owing under the mortgage of the leasehold interest and containing the same covenants, terms, and provisions, so far as they are applicable and with the necessary modifications, as are contained in the last-mentioned mortgage; and all guarantees and agreements entered into pursuant to this Part of this Act between the Corporation or the Council and the financial institution concerned in relation to the mortgage of the leasehold interest shall, so far as they are applicable and with the necessary modifications, enure in respect of and apply to the new mortgage instead of the mortgage of the leasehold interest Any lease under section three hundred and Leases to twenty-nine or section three hundred and thirty of this ecmplo~lees of A I f h C 1 b d d ouncl may et to any emp oyee 0 t e ouncl may e lspose be by private of by private contract instead of by public auction or contract. public tender or public application and ballot at a fixed 19;;6 No. 30, rent as provided in section one hundred and fifty-three B. of this Act.

168 1112 Repayment of advances and purchase money. s. 329 (2)-(5) Council may decline to sell or let without giving reasons. 1948, No. 60, s. 15 (3) Council may sell surplus land. 1948, No. 60, s. 17 No. 76 M unicipal Corporations (1) In any case mentioned in section three hundred and thirty of this Act where money is advanced to any person or any purchase money is unpaid, interest shall be paid at a rate not exceeding five and a half per cent per annum, or such higher rate as may be approved by the Minister of Finance. (2) In any case mentioned in section three hundred and thirty of this Act where provision is made for the repayment of any advance or for the payment of any purchase money by instalments, those instalments may be made weekly, fortnightly, or monthly, as may be arranged, for a period not exceeding thirty years in the case of houses erected mainly of wood, and thirty-six and a half years in the case of other houses. (3) 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. (4) Notwithstanding anything in the foregoing provisions of this section, the Council and any lessee or mortgagor at any time after at least one-tenth of the principal money owing by the lessee or mortgagor has been repaid may enter into a new agreement with respect to payment by instalments of the balance of the principal then outstanding, and for the purposes of that agreement any arrears of interest may be capitalized and be treated as outstanding principal: Provided that no such agreement shall be made for instalments to extend over a longer period from the date of the agreement than the appropriate period mentioned in subsection two of this section The Council may in its discretion refuse to sell or lease to any person without giving reasons for its refusal The Council may sell or lease any land which it has acquired under this Part of this Act and which it may at any time consider to be unsuitable for, or in excess of what it requires for, the purposes of this Part of this Act to such persons and upon such terms as the Council thinks fit.

169 1954 Municipal Corporations No (1) All money received by the Council on the sale or lease of any land purchased or taken or otherwise acquired under this Part of this Act for subdivision into building allotments shall be paid by the Council into a separate account to be known as the Land Subdivision Account. (2) Money in the Land Subdivision Account may be applied solely for the following purposes: (a) In reimbursement of the General Account of an amount to cover administrative charges in respect of the acquisition and development of any such land and the sale or lease thereof, not exceeding five per cent of the actual cost of the land to the Council and the development thereof (including survey fees and the cost of the provision of services and the erection of houses) : (b) In repayment of any money borrowed to meet any expenditure incurred in respect of any such land under sections three hundred and twentyseven to three hundred and twenty-nine of this Act and any interest and sinking fund payments in respect of any money so borrowed: ( c) In reimbursement of the General Account or any other account of any money expended out of that account in respect of any such land under the said sections three hundred and t:venty-seven to three hundred and twentynme. (3) Nothing in section twenty of the Finance Act 1934 shall apply with respect to any money to which subsection one of this section applies. Advances to Financial Institutions and Guarantees of Housing Loans 337. (1) Where any person approved by the Council is desirous of erecting a house upon land in the district and applies to a financial institution for an advance by way of first mortgage upon the security of the land and proposed house, the Council may, out of loan money raised as hereinafter provided, pay to the financial institution such sum, not exceeding the limit provided by subsection four of this section, as it thinks fit, conditionally on that sum, together with the money to be Proceeds of sale or lease of building allotments to be paid into a separate account. 1934, No. 2 Advances by Council towards loans for housing purposes. 1948, No. 60, s , No. 60, s. 6 (1)

170 .lld.19 11' No. 76 Municipal Corporations 1954 advanced by the financial institution, being secured upon the land and proposed house by a first mortgage in favour of the financial institution containing such terms and provisions as the Council may approve. (2) The Council and the financial institution may from time to time enter into such agreements in writing as they think fit in regard to the application and appropriation, as between the Corporation on the one hand and the financial institution on the other hand, of all payments made and sums recovered under any such mortgage or mortgages, and in regard to such other matters concerning any such mortgage or mortgages as the Council and the financial institution may deem expedient. Every such agreement may be varied from time to time by agreement in writing between the Council and the financial institution. (3) Before exercising in any case the power conferred on it by subsection one of this section, the Council shall be satisfied- (a) That the applicant for the loan has provided or is able to provide towards the cost of the land and proposed house not less than one-tenth of the total estimated value of the land and of the proposed house when erected thereon: (b) That the money to be advanced as aforesaid by the financial institution on first mortgage out of its own money (not including the money to be paid by the Council to the financial institution under this section) amounts to not less than two-thirds of the total estimated value of the land and of the proposed house when erected thereon: ( c) That the total principal money to be secured by the mortgage (after deduction therefrom of the money payable to the insurance fund under this Part of this Act) does not exceed ninetenths of the total estimated value of the land and of the proposed house when erected thereon. (4) The total principal money secured by any mortgage to which this section relates shall not exceed the sum of two thousand two hundred and twenty-two pounds, and the amount to be paid by the Council to any financial institution for the purpose of being advanced

171 1954 Municipal Corporations No by the financial institution upon the security of any such mortgage shall not exceed one-fourth of the total principal money advanced under that mortgage (1) Where any person approved by the Council Guarantees by Council of is desirous of erecting a house upon land in the district portions of and applies to a financial institution for an advance by ~~fe1f~r way of first mortgage upon the security of the land and housing proposed house, the Council may, in the name and on ~;~o~s. 60 behalf of the Corporation, by deed or other instrument, s.5' o., guarantee to that financial institution repayment of any 19~~~~o. 60, portion, not exceeding the limit provided by subsection s., four of this section, of the money which the financial institution may so advance to that person. (2) Every guarantee under this section shall contain such provisions as the Council and the financial institution may agree upon in regard to the application and appropriation, as between the portion of the money guaranteed by the Corporation and the other money secured by the mortgage, of all payments made and sums recovered under the mortgage and in regard to such other matters concerning the mortgage or the guarantee as the Council and the financial institution may deem expedient. Every such guarantee may from time to time be varied by deed or other instrument executed by the Council in the name and on behalf of the Corporation, and by the financial institution. (3) Before exercising in any case the power conferred on it by this section, the Council shall be satisfied- (a) That the applicant for the loan has provided or is able to provide towards the cost of the land and proposed house not less than one-tenth of the total estimated value of the land and of the proposed house when erected thereon: (b) That the money to be advanced by the financial institution on first mortgage as aforesaid amounts to not less than two-thirds of the total estimated value of the land and of the proposed house when erected thereon, but does not (after deduction therefrom of the money payable to the insurance fund under this Part of this Act) exceed nine-tenths of the total estimated value.

172 1116 Power of Council to guarantee loans for erection of flats. 1951, No. 53, s.3 No. 76 Municipal Corporations 1954 ( 4 ) The principal money secured by any mortgage to which this section relates shall not exceed the sum of two thousand two hundred and twenty-two pounds, and the portion of that money, repayment of which is guaranteed by the Corporation, shall not exceed onethird of the total principal money secured by the mortgage. ( 5) The Council shall not execute any guarantee under the powers conferred by this section if the liability to be assumed by the Corporation under the guarantee, together with the total liability originally assumed by the Corporation under all guarantees previously executed by the Council under the powers conferred by this section and under which the Corporation is or may be still liable, would exceed in the aggregate the sum for the time being fixed by the Minister of Finance as the maximum amount which may be guaranteed by the Corporation under this section (1) For the purpose of enabling any person to obtain funds required by him for the erection of residential fiats on land in the district, the Council may from time to time, with the prior consent of the Local Government Loans Board, and upon and subject to such terms and conditions as may be prescribed or approved by that Board, guarantee the repayment of the whole or any part of any money so borrowed by that person for that purpose and the payment of interest or any part of the interest on any money so borrowed. (2) Without limiting the general power of the Local Government Loans Board to prescribe conditions conferred by subsection one of this section, the Board may require a poll of ratepayers to be taken on the proposal to give such a guarantee. (3) Where the Council becomes liable to make any payment under any such guarantee as aforesaid, it may make the payment out of the General Account or out of any money borrowed under this section. (4) For the purpose of providing funds to enable it to make any payment for which it becomes liable pursuant to this section or for the purpose of refunding to the General Account any money paid thereout under this section, the Council may borrow money by way

173 1954 Municipal Corporations No of special loan under the Local Bodies' Loans Act 1926, See Reprint by special order, and, notwithstanding anything in section of Statutes, Vol. V, p. 360 nine of that Act, without the prior consent 0 f t h e ratepayers (1) Subject to the provisions of subsection two Council may of this section, where the Council has entered into any ~~:~i~tee guarantee under section three hundred and thirty-eight of replac~ment this Act in respect of any advance by way of first mortgage mortgages. (in this section referred to as the original mortgage) :.9:8, No. 60, granted to any person, and that person, for the purpose 1950, No. 60, of repaying all money then secured by the original s.6 (3) mortgage, applies to a financial institution for an advance by way of first mortgage (in this section referred to as the replacement mortgage) upon the security over which the original mortgage was given and on terms providing that the principal money secured by the replacement mortgage shall be free of interest but shall include money by way of premiums payable by the mortgagor, the Council may guarantee to the financial institution making the advance under the replacement mortgage repayment of the money so advanced, or of any portion of that money. (2) The principal money (exclusive of the money payable by way of premiums as aforesaid) secured by any replacement mortgage guaranteed by the Council under this section shall not exceed the sum of two I. thousand two hundred and twenty-two pounds, and the Council shall not guarantee in respect of the replacement mortgage repayment of any money in excess of the amount of the principal money secured by the original mortgage at the time of its repayment. (3) Subject to the foregoing provisions of this section, the provisions of section three hundred and thirty-eight of this Act shall apply with respect to every guarantee given under this section (1) Every mortgage to which section three hundred and thirty-seven or section three hundred and thirty-eight or section three hundred and forty of this Act applies shall be for a period of not more than thirty years. (2) Every such mortgage shall contain a covenant by the mortgagor that on any transfer or agreement for sale of the property encumbered by the mortgage he will reduce the principal money then secured thereby to Provisions affecting mortgages. 1948, No. 60, s.7

174 1118 No. 76 Municipal Corporations 1954 such sum as is equivalent to seven-tenths of the principal money originally secured by the mortgage, or to such greater sum as the Council and the financial institution may approve in the circumstances of the particular case. (3) Any person, firm, or company may join in or guarantee any of the covenants on the part of the mortgagor contained or implied in any such mortgage. (4) Collateral security may be taken by the financial institution in respect of any such mortgage; and in particular collateral security may be taken over any policy of life insurance, whether the policy be on the life of the mortgagor or on the life of any other person. (5) If default is made under any such mortgage the Council shall have the right, while the default continues, to call upon the financial institution to transfer the mortgage to the Corporation. (6) If default is made under any such mortgage and the default continues for a period of not less than three months, the financial institution, by notice in writing given while the default continues, may call upon the Council to elect whether or not it desires to call upon the financial institution to transfer the mortgage to the Corporation, and the Council shall, if the default continues, make its election within two months after being called upon so to do; and if it elects not to call upon the financial institution to transfer the mortgage to the Corporation, or if the default continues during the two months and the Council fails to make an election in accordance with this subsection, the Council shall not be entitled thereafter to call upon the financial institution to transfer the mortgage to the Corporation. (7) Where the Council, pursuant to subsection five or subsection six of this section, calls upon the financial institution to transfer any such mortgage to the Corporation,- ( a) The Council shall, within one month after the date upon which the Council calls upon the financial institution to transfer the mortgage to the Corporation, pay to the financial institution all principal and other money secured by the mortgage, including all interest secured by the mortgage down to the date of the payment, but excluding any money secured by

175 1954 Municipal Corporations No the mortgage in respect of any sum advanced by the Council to the financial institution under section three hundred and thirty-seven of this Act: Provided that, except in cases where the Council and the financial institution have previously otherwise agreed, the Council shall not be liable to pay to the financial institution any interest which accrued due under the mortgage more than six months before the date upon which the Council called upon the financial institution to transfer the mortgage to the Corpora tion : ( b) The financial institution shall, on the payment being made by the Council as aforesaid, and on the Council paying all reasonable legal and other expenses incurred by the financial institution in so doing, transfer to the Corporation the mortgage and every guarantee thereof and security collateral therewith held by the financial institution. (8) If default is made under any such mortgage and the default continues for a period of not less than six months, the Council may, if the financial institution has not during the period of default and prior to the Council so doing called upon the Council under subsection six of this section to make the election referred to in that subsection, require the financial institution to apply (if it may lawfully do so) to the Registrar of the Supreme Court to conduct a sale of the mortgaged property under section ninety-nine of the Property Law Act 1952, but 1952, No. 51 the Council shall pay to the financial institution all reasonable legal and other expenses jncurred by the financial institution in and consequent upon the making of that application Where, in any mortgage to which section three Mortgages hundred and thirty-seven or section three hundred and secur~ng. th. h. h h d d d f f th preiillum In lrty-elg t or section tree un re an orty 0 is Act lieu of interest. applies, the mortgagor is charged with a premium in lieu 1948, No. 60, of interest, and the premium forms part of the principal ~'9~0, No. 60, sum secured by the mortgage, for the purposes of this Part s. 6 (4) of this Act the following provisions shall apply:.

176 1120 Mortgages of leases. 1948, No. 60, s.9 Extending lending powers of financial institutions. 1948, No. 60, s.10 No. 76 Municipal Corporations 1951 (a) The amount of the principal sum secured by any such mortgage may exceed nine-tenths of the total estimated value of the land and the proposed house when erected thereon, and may also exceed two thousand two hundred and twenty-two pounds, but in each case only by an amount equal to the amount of the premium which has been added to the cash advance in lieu of interest: ( b) The amount which the Council may be required to pay to the financial institution concerned under subsection seven of section three hundred and forty-one of this Act shall be determined by agreement between the Corporation and the financial institution at the time of the making of the advance The provisions of sections three hundred and thirty-seven to three hundred and forty-two of this Act shall apply, so far as they are applicable and with the necessary modifications, to applications for advances on the security of any lease granted under this Part of this Act of land purchased or taken or otherwise acquired under this Part of this Act for subdivision into building allotments: Provided that every reference in this Part of this Act to the cost or the estimated value of the land and the house proposed to be erected thereon shall be deemed to be a reference to the cost or the estimated value (as the case may be) of the proposed house alone: Provided also that every mortgage to which any of those sections applies of any such lease shall be for a period expiring at least twelve months before the expiration of the term of the leasehold interest (in the case of a terminating lease), or at least twelve months before the expiration of the current term in the case of a renewable lease Notwithstanding any rule of law or any statutory or other provision to the contrary, any financial institution may advance money (including trust funds) by way of mortgage on the terms and conditions prescribed in or under sections three hundred and thirtyseven to three hundred and forty-three of this Act- (a) On the security of an estate in fee simple in any land and the house to be erected thereon to an

177 1954 Municipal Corporations No amount which does not ( after deduction therefrom of the money payable to the insurance fund under this Part of this Act) exceed nine-tenths of the total estimated value of the land and of the proposed house when erected thereon: ( b) On the security of any lease granted under this Part of this Act of land purchased or taken or otherwise acquired under this Part of this Act for subdivision into building allotments and the house to be erected on the land comprised in the lease to an amount which does not (after deduction therefrom of the money payable to the insurance fund under this Part of this Act) exceed nine-tenths of the total estimated value of the proposed house when erected thereon To provide a fund for insuring the Corporation Insurance against losses arising out of mortgages to which the fund f. th h d d d h' No., provisions 0 sections ree un re an t Irty-seven to s. 11' three hundred and forty-three of this Act relate, the Council may require the financial institution to deduct from the principal money to be advanced to the mortgagor upon any such mortgage so much thereof as may be the equivalent of one-hundredth of the remainder of the principal money after that deduction, and to pay the amount so deducted to the Council. Every sum so deducted and paid to the Council shall, for the purpose of the mortgage and of any agreement or guarantee relating thereto, be deemed to have been paid to the mortgagor, and all sums so deducted and paid to the Council shall become the property of the Corporation and shall form part of a special fund (in this Part of this Act called an insurance fund) which shall be invested, held, and applied by the Council as an insurance to the Corporation against losses arising out of mortgages to which the provisions of the aforesaid sections relate (1) Every agreement or guarantee entered into or purporting to be entered into by the Council under any of the provisions of sections three hundred and thirtyseven to three hundred and forty-three of this Act shall be Validity of documents and resolutions. 1948, No. 60, s.20

178 1122 No. 76 Municipal Corporations 1954 executed in the name and under the seal of the Corporation, and every such agreement or guarantee shall, notwithstanding any non-compliance with any of the provisions of this Act, be valid and binding upon the Corporation according to its tenor, and the production of any such document shall in all Courts and for all purposes be conclusive evidence of the validity thereof. (2) Every resolution of the Council to advance money under section three hundred and thirty-seven of this Act shall, notwithstanding any non-compliance with any of the provisions of this Act, be conclusive evidence of the authority of the Council to make the advance. Borrowing powers of Council. s , No. 60, ss. 18,21 See Reprint of Statutes, Vol. V, p. 360 Borrowing Powers of Council 347. (1) The Council may from time to time raise a special loan under the Local Bodies' Loans Act (a) For any of the purposes mentioned in section three hundred and twenty-seven or three hundred and twenty-eight or three hundred and twenty-nine or three hundred and thirty of this Act, and for the construction of streets and the provision of sewerage, drainage, electricity, gas, water supply, and other services on land used or intended to be used for the erection of houses under any of those sections: (b) For the purpose of providing money out of which the Council may make advances under section three hundred and thirty-seven of this Act and pay any amount payable in respect of any guarantee executed under section three hundred and thirty-eight or section three hundred and forty of this Act. (2) The failure of the Council to raise money under paragraph (b) of subsection one of this section, or the insufficiency of any such money if raised, shall not in any way prejudice or affect the rights, powers, or remedies of any financial institution against the Corporation under any document purporting to be executed under any of the provisions of this Part of this Act.

179 1954 Municipal Corporations No Re gistration of Agreements 348. (1) Notwithstanding anything to the contrary Registration of in the Land Transfer Act 1952, an agreement for f;:::k~nts sale under section three hundred and thirty of this Act (whether made before or after the commencement of s. 329A, this Act) may be registered under the Land Transfer Act 1953, No. 92, 1952 against the title of the Council to the land, in the ;'9~~, No. 52 same manner, subject to any modifications prescribed by regulations made under section three hundred and fortynine of this Act, as a lease may be so registered. (2) Where the District Land Registrar is satisfied that any such agreement has not been executed in duplicate, he may accept as a duplicate of the agreement a copy of the agreement duly authenticated to his satisfaction as a true copy, and every such authenticated copy shall, for the purposes of Part III of the Land Transfer Act 1952, be deemed to be a duplicate of the agreement. (3) Where any such agreement has been registered as aforesaid, every transfer, mortgage, lease, transmission, and other disposition of the land comprised therein may be registered in the same manner, subject to any modifications prescribed by any regulations made under section three hundred and forty-nine of this Act, as a similar transfer, mortgage, lease, transmission, or disposition of a registered lease. (4) The same fee shall be payable on the registration of any transfer, mortgage, lease, transmission, or other disposition of the land comprised in any such agreement as on the registration of a similar transfer, mortgage, lease, transmission, or other disposition of an estate in fee simple in land. (5) The registration of any such agreement or of any assignment or other disposition thereof shall have the same effect in conferring priority of title as against any unregistered right, title, or interest, as if it were the registration of a transfer or other disposition of the legal estate in the land: Provided that registration shall not be necessary for the validity, either at law or in equity, of any such agreement or any assignment or other disposition thereof.

180 1124 Regulations as to registration of agreements. s. 329A (8) 1953, No. 92, s.22 No. 76 Municipal Corporations 1954 (6) Where the Council rescinds any such agreement which has been registered under this section it may send a notice of rescission to the District Land Registrar, who, without further notice or inquiry and without fee, shall enter a memorial thereof upon the register. (7) Where the purchaser's estate or interest under any such registered agreement is subject to any registered encumbrance, lien, or other interest, the District Land Registrar, before registering the purchaser as the proprietor of an estate in fee simple in the land, shall make all entries necessary to record on the certificate of title every existing registered encumbrance, lien, and interest, in the order of their registered priority; and the purchaser's estate or interest in the land shall be subject to every such encumbrance, lien, and interest as if it had been created in respect of that estate Without limiting the general power to make regulations conferred by section four hundred and ten of this Act, regulations may be made under that section prescribing such matters as in the opinion of the Governor-General are necessary or expedient for regulating the mode of registration of instruments under section three hundred and forty-eight of this Act. PART XXV Interpretation (1) 1948, No. 39, 5.7 (7) 1953, No. 92, s , No , No. 52 SUBDIVISION OF LAND 350. (1) In this Part of this Act- " District" does not include a dependent town district: " Street" includes an access way or service lane within the meaning of Part I of the Public Works Amendment Act (2) For the purposes of this Part of this Act any land in a district shall be deemed to be subdivided if,- (a) Being land subject to the Land Transfer Act 1952, and comprised in one certificate of title, the owner thereof, by way of sale or lease, or otherwise howsoever, disposes of any specified part thereof less than the whole, or advertises or offers for disposition any such part, or makes application to a District Land Registrar for the issue of a certificate of title for any part thereof; or

181 1954 Municipal Corporations No (b) Being a continuous area of land not subject to the Land Transfer Act 1952, the owner thereof disposes in any manner as aforesaid of any specified part thereof less than the whole, or advertises or offers any such part for disposition in any manner; or (c) Being land subject to the Land Transfer Act 1952, No and comprised in one certificate of title, or being a continuous area of land not subject to that Act, the personal representative of the former deceased owner disposes of any specified part thereof less than the whole to any person pursuant to a devise of that part under the will of the former deceased owner: Provided that nothing in this Part of this Act shall affect the equitable interest of the " ~,. _ devisee in the land. '",' (1) Where any person holding any land in the Rest~ic;t~ons on. bd' 'd h 1 f th subdivision of d Istnct proposes to su IVI e t e same, a p an 0 eland. subdivision, showing the several allotments and their dimensions, and the streets and reserves (if any) proposed ~'9~~2~2)~~7) to be made, shall be prepared by a registered surveyor s. 53'(1)', and approved by the Council before the subdivision is 1953, No, 92, ma~: LH Provided that in any case where the proposed subdivision is the division of any land into not more than two parts the plan required by this subsection need not, if the Council so approves, be prepared by a registered surveyor, (2) In any such case the Council may- ( a) Refuse to approve the plan if it is of opinion that the land is not suitable for subdivision or that in the case of any allotment adequate provision has not been made or is not practicable for drainage or the disposal of sewage or that the proposed subdivision is contrary to the district planning scheme (whether operative or not) or is a detrimental work within the meaning of the Town and Country 1953, No. 91 Planning Act 1953: ( b) Require a new plan to be submitted:

182 1126 See Reprint of Statutes, Vol. VII, p , No , No. 69 No. 76 (c) (d) (e) Municipal Corporations 1954 Before approving the plan, or any plan submitted in substitution therefor, require the owner to make provision or further or other provision for the construction of streets, or the making of reserves, or require that the work of making all new streets shown on the plan shall first be completed to the satisfaction of the Council or require that security for the completion of any such work be given under the provisions of section one hundred and twenty-five of the Public Works Act 1928 (as amended by section two of the Public Works Amendment Act 1953) : Provided that, where in the opinion of the Council it is undesirable or unnecessary to require the owner to make provision for the making of reserves, the Council may in lieu thereof make it a condition of approval that a sum of money be paid to the Council within such time as it may specify, and may require the owner to enter into a bond for the due payment of the amount payable as aforesaid. All money so received by the Council shall be paid into a separate account and shall be applied for the purchase of land to be held as public reserves subject to the provisions of the Reserves and Domains Act 1953 and the improvement and development of public reserves subject to the provisions of that Act, and so far as possible shall be so applied for the purchase of land, or the improvement or development of public reserves in the locality in which the land included in the plan of subdivision is situated; Approve the plan subject to the allotments being disposed of by way of lease only and for a term not exceeding a term prescribed by the Council; Approve the plan subject to the condition that any other land of the subdividing owner that adjoins any allotment shown on the plan be included in and form part of that allotment or be transferred to the owner of any land that adjoins that other land, and that one

183 1954 Municipal Corporations No certificate of title be issued to include the several pieces of land included in the allotment or, as the case may be, to include both the land transferred to the owner of the adjoining land and that adjoining land; or (I) Approve the plan subject to the condition that any specified easements shown on the plan shall be duly granted or reserved. (3) Without limiting the grounds upon which the Council may decide that the land is not suitable for subdivision, the Council in deciding, pursuant to paragraph ( a) of subsection two of this section, whether any land is suitable for subdivision shall take into consideration any danger that may exist of the land being eroded or inundated by the sea or by a river or lake, and, if the Council is of opinion that the danger is such as to render the land unfit for subdivision for building ~ purposes, it may refuse to approve the plan or, before approving the plan, require the owner to make such provision for the protection of the land from erosion or inundation as the Council thinks fit. ( 4) Where the Council approves a plan of subdivision upon condition that any other land of the subdividing owner that adjoins any allotment shown on the plan be included in and form part of that allotment or be transferred to the owner of any land that adjoins that other land, the plan of subdivision shall not be deposited under the Land Transfer Act 1952 or in the Deeds 1952, No. 52 Register Office unless the District Land Registrar or, as the case may be, the Registrar of Deeds is satisfied that the subdividing owner has complied with that condition. ( 5) Where the Council approves a plan of subdivision on condition that land of the subdividing owner is transferred to the owner of other land adjoining and that one certificate of title be issued to include both parcels of land, and the District Land Registrar is of opinion that it is not practicable to issue a certificate of title to include both parcels of land, the Council may revoke the condition that one certificate of title be issued to include both parcels of land and substitute in its place a condition that the owner of both parcels of land enter into an agreement with the Council that he will not without the consent of the Council transfer or lease

184 , No. 52 See Reprint of Statutes, Vo!. VII, p , No. 91 No. 76 Municipal Corporations 1954 either parcel of land or any part thereof except in conjunction with the other. Every such agreement shall be deemed to create an interest in each parcel of land for the purposes of section one hundred and thirty-seven of the Land Transfer Act 1952, and shall be deemed to be a covenant running with both parcels of land, and shall bind subsequent owners accordingly. (6) Where the Council approves a plan of subdivision conditionally on any specified easements shown on the plan being duly granted or reserved, the following provisions shall apply: (a) No such easement may be surrendered by the owner of the dominant tenement or, in the case of an easement in gross, the grantee of the easement or be merged by transfer to the owner of the servient tenement, except with the consent of the Council. The District Land Registrar shall endorse on the instrument by which the easement is granted or reserved a memorial that the easement is subject to the provisions of this paragraph: ( b) There shall be endorsed on the plan of subdivision of the land deposited under the Land Transfer Act 1952 or the Deeds Registration Act 1908, as the case may be, a memorandum showing with respect to each such easement which is the dominant tenement and which is the servient tenement, or, in the case of an easement in gross, the name of the proposed grantee and which is the servient tenement: ( c ) The District Land Registrar or, as the case may require, the Registrar of Deeds shall refuse to register any instrument of transfer or conveyance or lease of any allotment shown on the plan of the subdivision, unless he is satisfied that all easements so specified which are appurtenant to that allotment or to which that allotment is subject have been duly granted or reserved. (7) Any person aggrieved by the decision of the Council under this section may appeal in the prescribed manner to the Town and Country Planning Appeal Board constituted under the Town and Country Planning Act 1953, and the decision of that Board shall be final.

185 1954 Municipal Corporations No (B) Every person commits an offence who subdivides any 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 Town and Country Planning Appeal Board under this section, and before the plan of the subdivision has been duly deposited under the Land Transfer Act 1952 or any former Land Transfer Act or in the Deeds Register Office, and is liable to a fine not exceeding one hundred pounds: Provided that no person, being the owner of any land, shall be deemed to commit an offence against this subsection by reason merely of the fact that he makes application for the issue to him of a separate certificate of title for any part of the land: Provided further that the owner of the land shall not be deemed to commit an offence against this section by reason merely of the fact that he grants a lease for any term (including renewals under the lease) of less than three years of any allotment on a plan of subdivision that has been duly approved under the provisions of this section ( 1 ) In no case shall- ( a) The plan of any land in the district which it is proposed to subdivide be deposited under the Land Transfer Act 1952, or in the Deeds Register Office; or ( b) The transfer or conveyance or lease of any allotment or subdivision of any such land be registered under the Land Transfer Act 1952, or the Deeds Registration Act 1908; or (c) Any certificate of title be issued in respect of any such allotment or subdivision,- unless the plan has been duly approved under section three hundred and fifty-one of this Act and unless, in the case of land subject to the Land Transfer Act 1952, consent to the subdivision has been given in writing by the registered proprietor of every interest therein, and, in the case of other land, unless that consent has been given by every person having an interest in the land if that interest is evidenced by an instrument registered under the Deeds Registration Act 1908: 1952, No. 52 Plan to be deposited. s. 332 (8)-(9A) 1936, No. 58, s , No. 60, s.36 (2) See Reprint of Statutes, Vol. VII, p.1143

186 , No. 69 Saving as to previous approvals. s. 332 (10) (loa) 1945, No. 17, s , No. 40, s , No. 92, s.25 See Reprint of Statutes, Vol. IV; p , No. 52 No. 76 Municipal Corporations 1954 Provided that the consent of any registered proprietor or other person to any subdivision shall not be required under this subsection unless that registered proprietor or other person would be a necessary assenting party to any transfer, conveyance, or assurance free from encumbrances of any land shown as a reserve on the plan of the subdivision. (2) Every consent under subsection one of this section shall be either endorsed on the plan or deposited with the District Land Registrar or Registrar of Deeds, as the case may require. (3) On the deposit as aforesaid of any approved plan all lands shown thereon as reserves shall vest in the Corporation of the district free from encumbrances, and shall be held as reserves set apart for the purposes indicated on that plan, and subject to the provisions of the Reserves and Domains Act ( 4 ) In any case where a plan of the subdivision approved by the Council is not deposited as aforesaid within a period of two years from the date of the approval thereof, or within such extended period as the Council in any special case may allow, that approval shall be deemed to have lapsed and fresh approval by the Council shall be necessary (1) Nothing in section three hundred and fiftyone of this Act shall apply to the disposal as one allotment of, or to the issue of a certificate of title in respect of, any land which is shown as a separate allotment on a plan of subdivision previously approved by the Council, or by the Governor-General or the Governor-General in Council or the Minister of Lands under the Land Act 1924 or any other enactment, and deposited under the Land Transfer Act 1952 or any former Land Transfer Act, or in the Deeds Register Office, but which is included with other such allotments in one certificate of title or is otherwise held as part of a continuous holding of land. ( 2) Except as provided in subsection one of this section, the provisions of section three hundred and fiftyone of this Act shall apply to the disposal, as one allotment, of, or to the issue of a certificate of title in respect of, any part of any land in a district, notwithstanding that that part was at any time theretofore separately fenced and had erected thereon a dwelling or other substantial building, or was separately occupied.

187 1954 Municipal Corporations No (3) In any case where a plan of subdivision of any land in any district has been approved by the local authority of that district and the land has been subsequently included in another district, the previous approval of the plan shall, for the purposes of subsection one of this section, be deemed to be an approval by the Council of the last-mentioned district. ( 4 ) In any case where a scheme plan under the Land Subdivision in Counties Act 1946 of any land in a 1946, No. 23 county or in a dependent town district has been approved by the Minister of Lands under that Act and the land is subsequently included in a borough or independent town district or the dependent town district ceases to form part of a county, the previous approval of the plan shall, for the purposes of subsection one of this section, be deemed to be an approval by the Council under this Act, and all conditions imposed by that Minister in granting his approval of the scheme plan and all requirements of the local authority in relation to the proposed roads, access ways, and service lanes on the scheme plan shall be deemed to be conditions and requirements of the local authority imposed or made under this Act. ( 5) The provisions of sections eleven, twelve, thirteen, fourteen, fifteen, and seventeen of the Land Subdivision in Counties Act 1946 (which relate to the setting aside of reserves for public purposes or as Crown land, the disposal of money paid in lieu of reserves, the registration of documents to give effect to the scheme plan, and the exclusion of certain provisions of the Public Works See Reprint Act 1928) shall continue to apply with respect to the land \!o~~i~es, included in any such scheme plan notwithstanding that p. 622 ' the land has been included in a borough or independent town district, or, as the case may be, the town district has ceased to form part of a county. (6) Where any land referred to in subsection four of this section is subject to a building line restriction imposed under the Land Subdivision in Counties Act 1946, the Council may by resolution declare the building line restriction to be wholly cancelled, and the building line restriction previously imposed shall cease to have effect:

188 1132 No. 76 Municipal Corporations 1954 Provided that where that building line restriction relates to any part of a street having a width of less than sixty-six feet (not being a street that serves only industrial or commercial premises) the Council shall impose a building line restriction in place of that previously imposed requiring that, when new buildings are erected or any buildings are rebuilt or re-erected or are substantially rebuilt or re-erected on land having a frontage to that part of the street, no part of any such buildings shall stand within a specified distance (being not less than thirty-three feet) of the middle line of the street: Provided also that in the case of a street not having parallel sides the building line may be fixed in relation to the side line of the street, but at no point shall be less than thirty-three feet from the middle of the street. (7) As soon as conveniently may be after the passing of a resolution under subsection six of this section, the Council shall send a copy of the resolution to the District Land Registrar or the Registrar of Deeds, as the case may require, who shall, without payment of any fee, register the resolution and amend his records accordingly. PART XXVI Expenditure of money for encouragement of mining and prospecting. ss. 333, 334 MISCELLANEOUS POWERS Mining 354. (1) The Governor-General may from time to time, by Order in Council, delegate to the Council the expenditure of money 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 or town district. (2) In the expenditure of that money the Council shall conform to all such conditions as are prescribed in that behalf by Parliament or by the Governor General in the 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 pursuant thereto.

189 1954 Municipal Corporations No (4) It shall be lawful for any Council having jurisdiction in a mining district to expend a portion of the revenues received by it from goldfields revenue in prospecting for diamonds, gold, silver, tin, coal, or other metals or minerals, whether that prospecting is carried on within or outside the borough or town district 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 the Order. Water races or sludge channels may be disposed of or vested in Council No. 30, s.335 Harbour Works and Navigation 356. (1) Where the district is bounded on any side Powers of by the sea, o~ any ha~bour, arm, or creek there?f, or by ~~~~~:lt;:ith any lake or flver, or mcludes any part of any flver, the harbourwc!rks Council may do the following things: to b.e exercised (.. k h subject to a ) E rect and mamtam quays, doc s, piers, w arves, Harbours Act. jetties, and harbour works of any kind upon any land, and upon the foreshore or to such s. 336 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 that river: Provided that the Council shall exercise the powers hereby given only in accordance with and subject to the provisions of the Harbours Act , No. 34 (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 wharves or other works, or to levy any tolls, upon any land the property of any private person

190 1134 Construction or maintenance of boat haven. s.337 No. 76 M unicipal Corporations 1954 without the leave of that person; or, in any place where the foreshore is under the control of a Harbour Board or other lawful authority, without the leave of that 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 the Corporation The Council may contribute to any Harbour Board such sum or sums as it thinks fit 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 district. Council to maintain public offices. s.338 Town Hall and Public Offices 358. The Council may from time to time provide and maintain a town hall and public offices within the district, with suitable 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 that 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. Council may install, light, and maintain public clocks. s.292 Council may provide shops and offices in buildings erected by it. s.339 Public Clocks 359. The Council may expend money on installing, lighting, and maintaining in the district any public clock. Shops and Offices 360. Where pursuant to any authority conferred on it by this Act or any other Act the Council erects any building, it may make provision therein for shops or offices, and may let any such shop or office at such rent, for such term, upon such conditions, and to such person or persons as it thinks fit: Provided that it shall not be lawful for the Council to make provision as aforesaid for shops or offices to such an extent as to render the building less suitable for the purpose for which it was authorized to be erected, or otherwise to make its principal purpose the provision of shops or offices.

191 1954 Municipal Corporations No Cemeteries and Crematoria 361. The Council may from time to time contribute such sums as it thinks fit towards the maintenance or improvement of any cemetery or crematorium under the Cemeteries Act 1908 not vested in the Corporation of the district, whether the cemetery or crematorium is situated within or outside the boundaries of the district. Planting 362. The Council may expend money 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. Noxious Weeds 363. The Council may from time to time contribute such sum or sums of money as it deems necessary to expend for the purpose of eradicating or preventing the spread of any noxious weed within the meaning of the Noxious Weeds Act 1950; and before enforcing, or concurrently with the enforcement of, any by-law made for that purpose the Council shall use all necessary means to eradicate that weed from all streets, river beds, reserves, and lands under the control of the Council. Primary Production 364. (1) Where at the commencement of this Act the Council is operating a scheme for the production of vegetables and other primary produce or a pig farm established under the authority of the Local Authorities (Primary Production) Emergency Regulations 1944, the Council may continue to operate that scheme or pig farm, and for that purpose shall have the following powers: (a) (b) To incur expenditure in connection with the scheme or pig farm: To purchase stock, chattels, implements, manures, seeds, or other materials or things which it may deem necessary for the proper operation of the scheme or pig farm: Council may contribute towards maintenance and improvement of cemeteries and crematoria. s.340 Reprint of Statutes, Vol. I, p. 731 Council may expend money for tree planting. s.341 Council may expend money for eradication of noxious weeds. s , No. 62 Council may continue to operate schemes for primary production and pig farms established under emergency regulations. 1948, No. 60, s.42 Serial number 1944/118

192 1136 Grazing of sheep on land held by, or under control of, Council. 1948, No. 60, , No. 69 No. 76 Municipal Corporations 1954 (c) To sell stock, chattels, implements, produce, or other things purchased or produced in connection with the scheme or pig farm. (2) The Council shall keep in connection with every such scheme or pig farm a separate account, to which shall be credited all money received in connection with the scheme or pig farm and to which shall be debited all expenditure properly chargeable against the account (1) The Council may graze sheep on land vested in it or under its control, other than scenic or historic reserves under the Reserves and Domains Act 1953, and for that purpose shall have power to incur expenditure, to purchase sheep, and to sell any such sheep and the produce thereof. (2) The Council shall keep a separate account in connection with the grazing of sheep under this section, to which shall be credited all monev received in connection with the sale of any such she~p and the produce thereof and to which shall be debited all expenditure properly chargeable against the account. PART XXVII Order for execution of private works. s.343 Duties of occupier. s.344 PRIVATE WORKS 366. Whenever by or under this Act or any other 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, that power may be exercised by a resolution of the Council, followed by an order or notice authenticated and served as provided in sections four hundred and two and four hundred and three of this Act (1) If the occupier of any premises, when requested by any officer of the Council acting under any lawful authority to state the name and address of the owner of the premises, or the agent of the owner, refuses or wilfully omits to disclose or wilfully mis-states the same, he is liable to a fine not exceeding five pounds. (2) If the occupier of any premises refuses or neglects to allow the owner thereof to carry into effect with respect to the premises any provisions of or under this Act, he is liable to a fine not exceeding five pounds for

193 1954 Municipal Corporations No every day during the continuance of the 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 in respect of which he proves that his default was due to the refusal or neglect of the occupier (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 the premises may, with the approval of the Council, cause the work to be executed. (2) In such a 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 the work or the money so paid shall be repaid to the occupier by the owner; and the occupier may deduct the amount of that expense, or the money so paid, out of the rent from time to time becoming due from him to the owner (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 district, to execute on or in connection with the premises any works in respect of the drainage or sanitation thereof, or the supply thereto of 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 cent thereof, as the Council thinks fit, for supervision, and that amount may be recoverable from the owner or occupier accordingly (1) Where by or under this Act any owner or occupier of private premises is required to execute, provide, or do any works, materials, or things on or in connection with any premises or otherwise, and- (a) That owner or occupier, after notice requiring him so to do, makes default in commencing to comply with the notice within the time specified in the notice in that behalf, or if no such time is specified, then within a reasonable time; or B-15 Occupier may act if owner of premises makes default. s.345 Council may agree with owner to execute drainage and other works on private lands. s ' w.... Council may execute works on default by owner or occupier. s.347

194 1138 No. 76 Municipal Corporations 1954 Recovery of cost of works by Council. s. 348 Registration of charges against private property. s. 349 See Reprint of Statutes, Vo!. VII, p ( b) If the work is certified in writing by any officer of the Council to be of an urgent nature, and the contents of that certificate have been communicated to the owner or occupier, then if the default is made for twenty-four hours from the time of that communication; and (c) If in either case the owner or occupier does not thenceforth proceed with the work with all reasonable expedition,- then the Council may, if it thinks fit, itself execute, provide, or do those works, materials, and things, and recover from the owner or occupier as a debt the cost thereof together with a sum equal to five per cent of that cost for supervision, with interest thereon at six per cent per annum. (2) That cost and interest shall, until payment thereof, be a charge upon the premises, and for all purposes shall be deemed to be a separate rate (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 the act in default of that person doing the same, the Council may recover the cost thereof from the 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 the owner is unknown, or not known to be within New Zealand, that cost, with five per cent thereof for supervision, shall be a charge on the land and shall for all purposes be deemed to be a separate rate (1) Where by this Act or any other Act any money paid by the Council in respect of or in relation to any private land is made a charge upon the land, the charge may be registered against the land under the provisions of the Statutory Land Charges Registration Act (2) The omission to register any such charge shall not affect the liability of the person originally liable to pay the amount or the rights of the Corporation under the charge as against him.

195 1954 Municipal Corporations No PART XXVIII OFFENCES AND LEGAL PROCEEDINGS Offences 373. (1) Every person is liable to a fine not exceeding ten pounds who wilfully- ( 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; or ( c) Incites any other person to do any of those acts. (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. Obstruction of Council or officer. s (1) Every person commits an offence who Wilfu~ damage wilfully or maliciously destroys, damages, stops, or ~o~k~l~:ge obstructs- waterworks. (a) Any public or private drain or covered water-. k s.351 course or ot h er dram age wor ; or 1952, No. 41, ( b) Any protective work; or s. 2 (c) Any waterworks,- and is liable on conviction on indictment to imprisonment for a term not exceeding three years or to a fine not exceeding five hundred pounds. (2) Every offence under this section is hereby 1b:P. 1. declared to be an offence that may be dealt with by a No... Magistrate under and subject to the provisions of the Summary Jurisdiction Act 1952, and the provisions of 1952, No. 41 that Act shall apply accordingly Every person commits an offence against this Act who wilfully destroys, injures, damages, stops, obstructs, or otherwise interferes with anything forming part of or connected with any works or property (other than those mentioned in section three hundred and seventy-four of this Act) vested in or under the control of the Council. B-15* Wilful damage to other works or property. s.352

196 1140 No. 76 Municipal Corporations 1954 Default in compliance with Act, or direction given pursuant to Act. s.353 General penalty. ss. 354, 359 (2) 376. (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 the 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 the direction or prohibition commits an offence against this Act. (2) 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 the act or default may also be an offence or any person may be liable to the same or any other penalty or punishment. (3) 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 that other Act, but no person shall be punished both under this Act, or a by-law or regulation under this Act, and also under any other Act in respect of the same act or default (1) Every person who commits an offence against this Act for which no penalty is provided elsewhere than in this section is liable to a fine not exceeding fifty pounds. (2) Where any order is made under this Act by any Court directing the execution of any work or the doing of any act (other than the payment of a sum of money under a conviction, whether as a fine or otherwise) and no punishment for disobedience to the order is otherwise provided by this Act, every person disobeying the order is liable to a fine not exceeding five pounds for every day during which the disobedience has continued. Judges and Justices not disqualified as being ratepayers. s.355 Legal Proceedings 378. 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.

197 1954 Municipal Corporations No (1) All applications and appeals to the Magistrate's Court under the provisions of this Act shall be made by way of originating application in accordance with the rules of that Court. (2) 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 Chairman, as the case may be, 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 or Chairman, as the case may be, in writing under his hand, may represent and act on behalf of the Council. (3) The Mayor or Chairman, as the case may be, and every Councillor, Town Clerk, or other officer shall be reimbursed out of the District Fund all damages, costs, charges, and expenses incurred by him by reason of the provisions of this section 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 Chairman, as the case may be, or to the Town Clerk 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 the valuation roll, and thenceforth has continued to be, and still is, the owner of the same property, unless the contrary is proved (1) Subject to the provisions of this Act, every offence against this Act or against any regulations or by-laws under this Act shall be punishable on summary conviction. (2) Notwithstanding anything in the Justices of the Peace Act 1927, any information in respect of an offence against this Act or any regulations or by-laws under this Act may be laid at any time within twelve months from the time when the matter of the information arose. Proceedings in Magistrate's Court, etc. s.356 Service of legal proceedings on Council. s.357 Valuation roll to be evidence of ownership. s.358 Offences punishable on summary conviction. s. 359 (I) See Reprint of Statutes, Vo!. H, p. 351

198 1142 No. 76 Municipal Corporations 1954 Recovery of debt~. s.360 Councillors may be required to pay costs of proceedings in certain cases. s 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 shall be recoverable as a debt If in any proceedings by information at the suit of the Attorney-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 district, 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 payout of the District Fund any costs or other expenses arising out of the proceedings or incurred in doing the things to which the 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 those costs and expenses. Council may make compositions. s.363 Compounding 385. 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. PART XXIX Subject-matter of by-laws. 1931, No. 5, s.41 s , No. 3, ss. 16 (2), 26, , No. 26, s , No. 30, s. Il9 1947, No. 60, s , No. 60, s " No. 7, s. 16~ (1), (9) BY-LAWS 386. Without limiting the power to make by-laws conferred on the Council by any other provision of this Act or by any other Act, 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 district: (2) The more effectual 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:

199 1954 Municipal Corporations No (5) Regulating, controlling, or prohibiting any act, matter, or thing in relation to any subjectmatter to be prescribed in that behalf by regulations made under this Act: (6) Protecting from damage, injury, or misappropriation any property, whether real or personal, belonging to the Corporation or controlled by the Council and whether situate within or beyond the district: (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 convemence, and preventing and abating nuisances: (9) 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 or continuance of 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: ( 10) Prohibiting the erection of any fence composed wholly or partly of barbed wire within the district or within such portions thereof, as are specified in any by-law: (11) Regulating the use of any reserve, cemetery, crematorium, recreation ground, or other land, and any public building or public place vested in the Corporation or under the control of the Council: ( 12) Concerning streets and the use thereof, and the construction of anything upon, over, or under a street:

200 , No. 81 No. 76 Municipal Corporatwns 1954 (13) Regulating the use of and protecting grass plots and flower beds laid out in streets (whether before or after the commencement of this Act) by or under the authority of the Council: (14) Regulating and controlling the construction and repair of buildings, including the design and construction of buildings in relation to their resistance to earthquake shocks: (15) Prohibiting the bringing of secondhand timber into the district from any other district of any kind without the consent of the Council: (16) Regulating drainage and sanitation: (17) 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: (18) Prescribing the minimum frontage and area of an allotment of land on which a dwellinghouse may be erected in the district 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 Land or Deeds Registration Office or approved by the local authority prior to the third day of December, nineteen hundred and ten (being the date of the passing of the Municipal Corporations Amendment Act 1910) : (19) Defining, licensing, and controlling common lodginghouses and billiard rooms and public baths: (20) Defining, licensing, inspecting, and regulating boardinghouses, being houses (other than common lodginghouses or houses for which publican's licences are held) in which persons are lodged for a single night or longer: (21) Regulating the sale of all articles of human food of a perishable nature: (22) Regulating bathing:

201 1954 Municipal Corporations No (23) The storage of dangerous goods (including the defining of areas in the district within which such goods may be stored in bulk and the prohibiting of such storage elsewhere than in those areas) and the storage of goods or materials of any kind which are of an inflammable nature or which are likely to cause or aid the spread of fire: (24) The inspection of any land, building, or premises for any purpose of this Act: (25) Providing that no person shall supply milk without a licence from the Council in any part of the district that does not form part of a milk district constituted under the Milk 1944, No. 30 Act 1944: (26) The inspe<;;tion 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 calling of dairy farmers or dairymen, or used by them in connection with that calling, whether within or without the district, if the milk is supplied from those dairies for the consumption of persons within the district: Provided that no by-law under this paragraph shall have effect in any area that forms part of a milk district constituted under the Milk Act 1944: (27) The licensing of eatinghouses and refreshment rooms: (28) Subject to section twenty-nine of the Auctioneers Act 1928 as to the sale of newly caught fish and shell fish, defining and licensing and regulating the conduct of hawkers, pedlars, itinerant purchasers of goods, keepers of coffee and other stalls, porters, and boatmen, and reqmrmg any such person to display an armband, or other means of identification, issued by the Council: See Reprint of Statutes, Vo1.I,p.417

202 1146 No. 76 M unicipal Corporations 1954 (29) (30) (31 ) (32) (33) Provided that the licence 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: Defining and licensing itinerant traders (not being hawkers or pedlars), and imposing a licence fee not exceeding twenty-five pounds: Provided that the fee shall be refunded if the licensee remains continuously in business in the district for six months: Permitting hawkers, pedlars, and keepers of stalls to occupy stands in such streets and public places as the Council thinks fit, fixing charges in respect of those permits, and prohibiting such persons from carrying on business in specified streets or parts of streets: 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: Regulating or licensing the keeping within the district of any animals, reptiles, birds, or bees, and prohibiting the keeping thereof if the existence or keeping thereof within the district 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, birds, or bees within the district at the time of the making of the by-law: Prohibiting the burial of animals within the district, and, in the case of a Council possessing a digester or destructor, prescribing that any animals dying within the district shall be removed to that digester or destructor for destruction:

203 1954 Municipal Corporations No (34) Prohibiting or regulating the deposit or accumulation on any vacant land within the district of refuse or rubbish of any description: (35) Requiring any allotment to be fenced along its line of frontage to any street, and to be kept clear of noxious weeds: (36) Prohibiting or regulating the soliciting of subscriptions or donations for any purpose in streets or other public places: (37) Regulating or controlling the construction, maintenance, or repair of dams so as to prevent damage or injury to property In any case where for the time being there are By-Iawsas no by-laws in force in the district made under para- to detsignt~nd ( 14) f. h h d d d. h. f cons ruc IOn 0 graph 0 section tree un re an elg ty-six 0 bui.ldings to this Act regulating and controlling the design and con- resl:~ ake struction of buildings in relation to their resistance to :h~ck;~ earthquake shocks, regulations for that purpose may be 1931, No. 5, made under section four hundred and ten of this Act, s.41 (2) and those regulations shall for all purposes be deemed to be and shall have the same force and effect as by-laws made by the Council Any two or more Councils may, upon such terms Licences to and conditions as they think fit, agree to the issue to haillkers and ~awkers and pedlars by anyone of the Councils of ~~4;,r~O. 60, licences granted under by-laws made pursuant to para- s. 37 (2) graph (28) of section three hundred and eighty-six of this Act covering the districts of all the Councils which are parties to the agreement (1) The Council, in considering any application for a billiard room licence, 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 licence should be granted within that locality, refuse to grant the licence. (2) The Council may refuse to issue a licence 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 licence on this ground the Council shall give to the applicant an opportunity to be heard before a committee of the Council. By-laws as to billiard rooms and common lodginghouses. s.366 f

204 1148 No. 76 Municipal Corporations 1954 General provisions as to by-laws. s , No. 60, s.38 ]949, No. 7, s. 169 (1) Limitations affecting by-laws. s 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 licence 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, and may provide that where the inspections and other services in respect of which a fee has been paid have not been made or given the Council may refund any such fee or portion thereof as it may determine: (e) By-laws may apply to any land, building, structure, reserve, cemetery, crematorium, public works, or other property vested in the Corporation or controlled by the Council, although situated beyond the district: (f) A by-law shall not be deemed invalid merely because it deals with a subject dealt with by the general law: (g) A by-law may apply to part only of the district 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:

205 1954 Municipal Corporations No (b) No by-law shall be valid if a breach thereof would involve a breach only of some religious or moral rule (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 the 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 district 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 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 the meeting. (2) Any by-law may in like manner be altered or revoked. Procedure as to making of by-laws. s (1) Every person who commits a breach of any Penalty for by-law made under this Act is liable to a fine not breach of by-laws. exceeding fi fty pounds and, where the breach is a.. h f h fi contmumg one, t en to a urt er ne not exceeding s.370 five pounds for every day or part of a day during which 1953, No. 92, the breach has continued. s. 26 (2) The Council may, after a conviction for the continuing breach of any by-law, apply to any Court of competent jurisdiction for an injunction to restrain the further continuance of the 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.

206 1150 No,76 Municipal Corporations 1954 Removal of works executed contrary to by-laws. s.371 Proof of by-laws. s.372 Council to provide printed copies of by-laws. s.374 Liability for breach of by-law not to relieve from other liability. s.375 Saving of existing by-laws. s (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 the pulling down, removal, or alteration. (2) The exercise of this authority shall not relieve any person from liability to any penalty incurred by reason of the breach 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 the by-law having been duly made, and that the same duly came into force on the day mentioned in that behalf in that copy of the by-law 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 person applying for the same 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 (1) All by-laws, rules, and regulations in force in any district at the commencement of this Act shall, so far as not inconsistent with this Act, be in force within the district 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, crematorium, or reserve, or recreation ground, or waterworks, or other land or work controlled by the Council but situated outside the limits of the district.

207 1954 Municipal Corporations No Whenever any area becomes, by reason of any Area added alteration of boundaries or otherwise, part of an existing to district to become subject district, that area shall thenceforth be subject to the to by-laws of by-laws, rules, and regulations then in force in the district district. to the exclusion of those previously in force in that area.!.9ill No. 30, 400. All by-laws in force in any of the several Operation of districts at the time of the union of any districts which ~r~~:ni~fcase are applicable to the altered circumstances shall become districts. by-laws of the united district, and may be revoked or altered by the Council of the united district, but until s.378 so revoked or altered every such by-law shall remain in force in the area only in which it was in force prior to that 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 that umon. PART XXX MISCELLANEOUS 401. With respect to petitions presented to the Governor-General under this Act, or to the Council under this Act or any other Act, the following provisions, in addition to any other provisions applicable thereto, shall apply: (a) Every such petition shall be dated as of the date on which the first signature is affixed thereto: (b) No action on any petition shall be taken unless it is received by the Minister on behalf of the Governor-General, or by the Council, as the case may be, within twelve months after the date thereof: ( c ) Except in cases where it is otherwise specially provided, every petition shall be signed by at least three-fifths of the electors of the district or subdivision or other area to which the petition relates: (d) The signatures to every petition shall be verified by declaration in the following form: "I, A. B., of, hereby declare that the signatures affixed to the above petition, initialed by me [or which I have Special provisions as to petitions. s.379

208 1152 Authentication of documents by Council. s.380 Service of notices, etc. s , ~o. 3, s.37 No. 76 Municipal Corporations 1954 marked (describing the mark) ], are the genuine signatures of the persons whose signatures they purport to be, and that those persons are electors of the [Name of district]. " A. B." (e) No person shall be capable of withdrawing his signature from the petition after it has been received by the Minister or by the Council, and any act purporting to withdraw any such signature shall be null and void 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 (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, the order or notice shall be delivered to that person, and may be delivered to him either personally or by sending the same to the last known place of abode or business of that person by messenger or by post. (2) If that person is absent from New Zealand, the order or notice may be sent to his agent instead of to that person in any manner mentioned in subsection one of this section. (3) If that 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 the land or building, as the case may require, may be served on the occupier thereof, or left with some inm!l.te of his abode; or, if there is no occupier, may be put up on some conspicuous part of the land or building. I t shall not be necessary in any such notice to name the occupier or owner of the land or building. ( 4) A notice required to be sent to a Council shall be sent to the public office of the Council. (5) Every order or notice required to be sent by the Council shall be signed as provided in section four hundred and two of this Act.

209 1954 Municipal Corporations No ( 6) 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 the order or notice is required to be served 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 Chairman, as the case may be, or to the Town Clerk (1) The Mayor or Chairman, as the case may be, 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 or Chairman, as the case may be, 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 terms "Mayor" and "Chairman" in this section include the acting Mayor and the acting Chairman respectively for the time being, and also the person having the control over the books, papers, and documents belonging to the Council The Governor-General may from time to time (a) Make temporary appointments of Mayors or Chairmen, as the case may be, and of 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: Resignations from office. s.382 Mayor and Chairman corn pe liable to give information. s.383 Special powers of Governor General in relation to districts. s.386

210 1154 In certain cases Governor General may validate proceedings or may extend time for doing anything. s.387 Loss or destruction of records, etc. s.388 District Land Registrar to issue title in favour of Corporation. s , No. 52 Regulations. s.390 No. 76 Municipal Corporations 1954 (I) Do any act for more effectually carrying out the provisions of this Act, either generally or in any particular case Where anything is omitted to be done or cannot be done at the time required by or under this Act, or is done after that 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 that thing is required to be done, extend the time, or may validate anything so done after the time required or so irregularly done in matter of form, or make other provisions for the case as he thinks fit Where any rate book, valuation roll or list, district electors roll or list, or any other book or document of any sort belonging to the Corporation or the Council is destroyed or lost and the same is necessary for immediate use, but no copy thereof is extant for that 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 Where land subject to the provisions of the Land Transfer Act 1952 is expressed to be transferred under the provisions of this Act to the Corporation, the District Land Registrar shall, upon the request of the Council, cause the Corporation to be registered as the registered proprietor of the land (1) The Governor-General may from time to time, by Order in Council, make all such regulations as may in his opinion be necessary or expedient for giving effect to the provisions of this Act and for the due administration thereof. (2) Without limiting the general power to make regulations conferred by this section, regulations may be made under this section- (a) For facilitating proof of any document or matter: (b) For extending periods of time and curing irregularities:

211 1954 Municipal Corporations No (c) For the substitution of new for lost or destroyed documents: (d) Prescribing forms and fees: ( e) Prescribing fines, not exceeding ten pounds, for any breach of the regulations, (3) Regulations under this section may be of general application or may refer to certain classes of cases, or to any particular cases, as the Governor-General thinks fit, (4) All regulations made under this Act shall be laid before Parliament within twenty-eight days after the date of the making thereof if Parliament is then in session, and, if not, shall be laid before Parliament within twenty-eight days after the date of the commencement of the next ensuing session, 411. (1) If in the opinion of the Governor-General In case of th e C ouncl 'I Wl 'If U 11 Y re f uses to act In 'h t e per f ormance by default Council made or exercise of the duties or powers respectively reposed GGovernlor. d d " b d h' A 'h l'k enera may an veste In It Y or un er t IS ct, or In t e 1 e make provision., b ' 11 f h G for giving effect OpInIOn su stantla y so re uses to act, t e overnor- to Act. General may make such provision as he thinks fit for the due performance and exercise of those duties and powers s.391 either by himself or any other person, (2) In particular, and without limiting the generality of the powers conferred by subsection one of this section, the Governor-General shall have and may exercise all the powers of the Council to make, levy, and recover rates within the district, and to expend the same, 412. (1) Except as otherwise specifically provided herein, nothing in this Act or in any regulations or bylaws under this Act shall be construed to apply to or shall in any way affect the interest of Her Majesty in any property of any kind belonging to or vested in Her Majesty, (2) Except as provided in subsection one of this section, 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, Act not to affect property of the Crown. s.392

212 1156 No. 76 M unicipal Corporations 1954 Repeals and savings and consequential amendments. s.393 See Reprint of Statutes, Vo!. VIII, p.568 Repeals and Savings 413. (1) The enactments specified in the Thirteenth Schedule to this Act are hereby repealed. (2) Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of any provision by this Act shall not affect any document made or any thing whatsoever done under the provision so repealed or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act and as if that provision had been in force when the document was made or the thing was done. (3) With respect to the enactments repealed by this Act, the following provisions shall apply: (a) The Corporation of each district as subsisting at the commencement of this Act shall be the same Corporation under this Act, and, subject to the provisions of this Act, shall continue to have its existing name and common seal, and shall retain its property and liabilities and powers, and all existing contracts and engagements of the Corporation shall be enforceable by and against it: ( b) The Corporation, or the Council thereof, shall continue to have control over all public reserves, domains, cemeteries, crematoria, public buildings, and other property previously controlled by it or its Council: ( c) All Mayors, Chairmen, and Councillors in office in each district at the commencement of this Act shall remain in office until their respective successors are elected under this Act and come into office: (d) Until the first election of Councillors under this Act the number of Councillors fixed by any law in force immediately before the commencement of this Act for each such district, and the respective wards thereof respectivciy, shall remain unaltered:

213 1954 Municipal Corporations No (e) All streets, private streets, and private ways lawfully existing in any district at the commencement of this Act shall be deemed to be the same streets, private streets, and private ways under this Act. (4) Every reference to the Corporation of a borough under the style of "The Mayor, Councillors, and Burgesses of the Borough of [Name] "in any Act, regulation, order, or by-law, or in any agreement, deed, instrument, certificate of title, application, notice, or document whatsoever, shall hereafter be read as a reference to that Corporation under the style of "The Mayor, Councillors, and Citizens of the Borough of [Name] ". (5) Every reference to the Corporation of a town district under the style of "The [Name] Town Board" in any Act, regulation, order, or by-law, or in any agreement, deed, instrument, certificate of title, application, notice, or document whatsoever, shall hereafter be read as a reference to that Corporation under the style of "The Chairman, Councillors, and Citizens of the Town District of [Name] ". (6) Every reference to a Town Board in its capacity as the local authority of a town district in any Act, regulation, order, or by-law, or in any agreement, application, notice, or document whatsoever, shall hereafter be read as a reference to a Town Council. (7) Section one hundred and forty-eight of the Road See Reprint Boards Act 1908 is hereby amended by inserting, after ~ ~t;;utes323 subsection one, the following subsection: o., p. " (1 ) Th.. f... f h RBlP. 1. A e provisions 0 section nmety-six 0 t e Wo,.. Municipal Corporations Act 1954 shall extend and apply for all purposes to the case of water rates in respect of the ordinary supply made under the provisions of this section by the Board of any road district in which the system of rating on the unimproved value is in force." (8) Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of section twenty-two of the Municipal Corporations Amendment Act 1953 shall not affect the amendment made by subsection two of that section. See Reprint of Statutes, Vol. VIII, p , No. 92 Rn. It Wo. r,

214 1158 No. 76 M unicipal Corporations 1954 Schedules. SCHEDULES Section 4 (b) Auckland. Christchurch. Dunedin. Hamilton. Invercargill. FIRST SCHEDULE BOROUGHS DECLARED TO BE Lower Hutt. Napier. Nelson. New Plymouth. CITIES Palmerston North. Timaru. Wanganui. Wellington. Section 8 (b) Bulls. Hikurangi. Hunterville. Kamo. Kawakawa. Leamington. Leeston. SECOND SCHEDULE INDEPENDENT TOWN Lumsden. Manaia. Mangaweka. Manunui. Nightcaps. Ohura. Otautau. DISTRICTS Takaka. Tinwald. Tuakau. Waiuku. Warkworth. Waverley. Wyndham. Section 27 (2) THIRD SCHEDULE FINANCIAL ADJUSTMENTS 1. Whenever, upon the constitution of a new district or the alteration of the boundaries of an existing district, agreements for financial and other adjustments are required to be made as specified in section 27 of this Act, those agreements shall provide, inter alia, for the following matters: (a) What part of the real and personal property of the local authority or local authorities directly affected by the constitution or alteration shall respectively become the property of the new local authority or the local authority acquiring the severed area, as the case may be: (b) What part of the rates payable to the existing local authority or local authorities from which the new district or added area has been taken shall be deemed payable to the new local authority or the local authority acquiring the severed area, as the case may be: (c) What part of the debts, liabilities, or engagements of the existing local authority or local authorities, whether absolute and outstanding at the date of the severance or then contingent or prospective (if the same be capable of estimation), shall be liabilities or engagements of the new local authority or the local authority acquiring the severed area, as the case may be: (d) What part of the interest and sinking fund of any loan raised by the existing local authority or local authorities shall be payable by the new local authority or the local authority acquiring the severed area, as the case may be.

215 1954 Municipal Corporations No THIRD SCHEDULE-continued 2. If no such agreements as aforesaid are made within three calendar months from the date of the constitution or alteration of boundaries as aforesaid, the following provisions shall apply: (a) Upon the written application (addressed to the Minister) of any of the local authorities directly affected by the constitution or alteration, the Governor-General may appoint one or more persons to be Commissioners to inquire and report to him upon any matters which he shall deem necessary to enable him to make an adjustment of property, liabilities, contracts, and engagements between the local authorities: (b) The Commissioners shall report to the Governor-General, after such inquiry as they think necessary, their opinion as to the matters inquired into, but it shall not be obligatory on the Governor-General to act in accordance with any opinion or recommendation expressed or made by the Commissioners: (c) The Commissioners shall have all the powers of a Commission appointed by the Governor-General in Council under the provisions of the Commissions of Inquiry Act 1908: (d) After consideration of the report of the Commissioners the Governor-General may, by Warrant under his hand, make such adjustment or award as he deems just, and the same shall be notified to the parties by the Minister. 3. Any such adjustment or award may provide for all or any of the matters mentioned in clause 1 of this Schedule, and may declare in whom any property shall be vested, and for what estate, and by whom any money shall be paid, or other acts and things done (including the payment by either party of the whole or any part of the costs and expenses of the inquiry), and generally may give such directions as may be necessary for giving full effect to these regulations relating to financial adjustments. 4. Every such adjustment or award shall be final and conclusive as between the parties. FOURTH SCHEDULE DECLARATION BY MAYOR OR COUNCILLOR I, A. B., 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 district} by virtue of the Municipal Corporations Act Dated at, 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:] Signed in the presence of- C. D., Mayor [or Chairman or Councillor]. E. F., Town Clerk. Sections 42, 58

216 1160 Section 147 No. 76 Municipal Corporations 1954 FIFTH SCHEDULE TENDERS 1. There shall be no obligation to accept the lowest or any render. CONTRACTS 2. The contractor shall not assign or make over his contract to any person without the previous consent in writing of the Council. 3. 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 shah 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. 4. No subcontract shall operate to relieve the original contractor from any of his liabilities or obligations under the original contract or this Act, but he shall be responsible for all the acts, defaults, and neglects of the subcontractor as fully as if they were his own. 5. Without in any way limiting the operation of clause 4 of this Schedule, 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 the 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. 6. 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 that 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 500 or, in the case of any contract for the supply of plant or material, where payment is not due until delivery has been made in accordance with the specification. 7. The provisions of clauses 2 to 6 of this Schedule shall apply to all contracts, whether entered into pursuant to tender or not.

217 1954 Municipal Corporations No SIXTH SCHEDULE CONDITIONS AS TO STOPPING STREETS 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 those lands so far as known. 2. The said plans shall be open to public inspection at the office of the Council, and the t!ouncil shall at least twice, at intervals of not less than seven days, give public notice of the proposals and of the place where the plans may be inspected, and shall in the notice call upon persons objecting to the proposals to lodge their objections in writing at the office of the Council on or before a date to be specified in the notice, being not earlier than forty days after the date of the first publication thereof. The Council shall also forthwith after that first publication serve a notice in the same form on the owners or occupiers of all land adjoining the street proposed to be stopped or any new street proposed to be made in lieu thereof, so far as they can be ascertained. 3. A notice of the proposed stoppage, printed on linen or calico or other durable material, shall during the period between the first publication of the notice and the expiration of the last day for lodging objections as aforesaid be kept fixed in a conspicuous place at each end of the street proposed to be stopped: Provided that the Council shall not be deemed to have failed to comply with the provisions of this clause in any case where any such notice is removed without the authority of the Council, but in any such case the Council shall, as soon as conveniently may be after being informed of the unauthorized removal of the notice, cause a new notice complying with the provisions of this clause to be affixed in place of the notice so removed and to be kept so affixed for the period aforesaid. 4. If no objections are received within the time limited as aforesaid, the Council may by public notice declare that the street is stopped; and the street shall, subject to the Council's compliance with clause 11 of this Schedule, thereafter cease to be a public highway. 5. If objections are received as aforesaid, the Council shall forthwith after the expiration of the time limited as aforesaid inquire into and dispose of the objections. 6. If after inquiring into and disposing of the objections the Council reaffirms its decision to stop the street, the Council shall send the plans aforesaid, with a full description of the proposed alterations, and with the Council's decision thereon, to the Town and Country Planning Appeal Board, in any case where the street is to be stopped for the purpose of giving effect to an operative district planning scheme under the Town and Country Planning Act 1953, and to a Magistrate's Court in any other case. Section 170 (4) (h)

218 1162 No. 76 Municipal Corporations 1954 SIXTH SCHEDULE-continued 7. The Board or the Court, as the case may be, 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 Council; and the decision of the Board or the Court, as the case may be, shall be final and conclusive on all questions. 8. The Board or the Court, as the case may be, shall not confirm the decision of the Council unless satisfied that a way to the lands in the vicinity as convenient as that theretofore afforded by the street is left or provided. 9. If the Board or the Court reverses the decision of the Council, no proceedings shall be entertained by the Board or the Court, as the case may be, for stopping the street for two years thereafter. 10. If the Board or the Court confirms the decision of the Council, the Council may declare by public notice that the street is stopped; and the street shall thereupon cease to be a public highway. 11. Two copies of that notice and of the plans hereinbefore referred to shall be transmitted by the Council for record in the office of the Chief Surveyor of the land district in which the street is situated, and no notice of the stoppage of the street shall take effect until that record is made. 12. The Chief Surveyor shall forward to the District Land Registrar or the Registrar of Deeds, as the case may require, a copy of that notice and of those plans, and the R~gistrar shall amend his records accordingly. Section 192 SEVENTH SCHEDULE (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 Counci~ has widened or is about to widen Street in the said borough [or town district], 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 PURSUANT to section 192 of the Municipal Corporations Act 1954, I, the undersigned, hereby charge my estate or interest as [Here describe the same] in [Here describe land) with the payment to the [Name of Counci~ 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, the charge to be a first charge

219 1954 Municipal Corporations No SEVENTH SCHEDULE-continued 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. Given under my hand, this day of 19. EIGHTH SCHEDULE CONDITIONS OF FIXING LEVELS OF STREETS 1. The Council shall publish in the district a notice of its intention to fix the 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 the notice. 2. The Council shall in the notice appoint a day, not being less than one month after the publication of the 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 that 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 be deposited at the office of the Council, and to be open for inspection. NINTH SCHEDULE EXEMPTIONS FROM TOLLS ON BRIDGES AND FERRIES 1. The Governor-General and every person in attendance on the Governor-General. 2. Every member of Her Majesty's Armed 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 those 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 fertilizers. 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. Section 195 Section 208

220 1164 Sections 218, 241 (2) Section 242 Sections 266, 308,309,311, 313,315 (2), 317 No. 76 Municipal Corporations 1954 TENTH SCHEDULE CONDITIONS OF LAYING DRAINS THROUGH PRIVATE LANDS 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 the drain, showing how it affects any such lands, shall be deposited for public inspection at some place within the district: (b) The Council shall give notice in writing to the occupier of the lands, and also to the owner when known, of the intention to construct the drain, and shall refer in the notice to the p.lan and description, and state where the same are on VIew; (c) If within one month after the notice is given the occupier or owner serves on the Council a written objection to the proposed work, the Council shall appoint a day for hearing the 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 any objection, if present, determine to abandon the work proposed, or to proceed therewith, with or without such alterations as the Council thinks fit. ELEVENTH SCHEDULE PROVISIONS AS TO CONSTRUCTING WATERWORKS OUTSIDE THE DISTRICT 1. Before interfering with any road Or street or other public work outside the boundaries of a district 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 the road, street, or work. 2. If that local authority objects to the interference the matter shall be referred to the Minister of Works, whose decision shall be final. 3. The Council may at any time interfere with the road, street, or work, so far as may be necessary to effect all necessary repairs in the waterworks, on giving to that 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. TWELFTH SCHEDULE CONDITIONS AS TO USE OF BUILDINGS FOR PUBLIC MEETINGS, AND FOR THE OTHER PURPOSES SPECIFIED IN SECTION 309 OF THIS ACT 1. The owner or occupier of the building shall apply in writing to the Council for a licence, 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.

221 1954 Municipal Corporations No TWELFTH SCHEDULE-continued 2. The building shall be inspected by the Engineer, or by the Inspector of Buildings, or by some person appointed by the Council in that behalf, and by the Chief Fire Officer in the case of any part of a district that is included in the district of an Urban Fire Authority, and, if satisfied upon their reports- (a) That the building is secure and suitable for the purpose proposed; (b) That it has sufficient means of ventilation and of ingress and egress; (c) That sufficient sanitary conveniences are provided for the use of the public; (d) That the building is provided with such safeguards against fire and means of escape in case of fire as are required by by-laws of the Council or of the Urban Fire Authority of the district, as the case may be, applying to the building, or, where no such by-laws have been made, that the building is provided with safeguards against fire and means of escape in case of fire to the satisfaction of the proper officer; (e) That the owner or occupier of the building has provided such measures for evacuation from the building, panic and fire prevention, and the protection of the public from danger from fire or other emergency as are required by by-laws of the Council, or, where no such by-laws have been made, that the owner or occupier has made provision for such matters to the satisfaction of the proper officer; and (f) Where the neighbourhood of the building is supplied with water by means of waterworks, that a sufficient supply of water is laid on and proper appliances are provided for promptly using the same in case of fire,- the Council shall issue to the applicant a licence, under the hand of the Town Clerk, for a period not exceeding one year, to use the building for the purpose stated in the application; and the building may be used accordingly. For the purposes of paragraphs (d) and ( e ) of this clause the proper officer shall be such person as the Council appoints in that behalf, in the case of any part of a district that is not included in the district of an Urban Fire Authority, and shall be the Chief Fire Officer or such other person as the Urban Fire Authority appoints in that behalf, in the case of any part of a district that is included in the district of an Urban Fire Authority. 3. The Council may attach to the licence 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 licence until the fee thereon fixed by any by-law is duly paid: