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Manawatu-Oroua River District.-27-2

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Manawatu-Oroua River District.-27-2 [AS REPORTED FROM THE LGCAL BILLS COMMITTEE.] House of Representatives, 3lst Jltly, 1923. Mr. Nash. MANAWATU-OROUA RIVER DISTRICT. [LOCAL BILL.J ANALYSIS. 24. Notice to be given to Drainage Board before Title. construction of work in drainage district. 1. Short Title. 25. Notice to be given by Drainage Board before 2. Interpretation. construction of new work. 3. Constitution of district. 26, Saving of work under construction and main- 4. Constitution of Board. tenance. 5. Confirming exercise of powers and appoint- 27. If no objection to notice work, may proceed. - ments. 28. If objection and no agreement, matter re- 6. Validating borrowing. ferred to Public Works Engineer-in-Chief. 7. Property of late Board to vest in Board. 29. Engineer-in-Chief to decide. 8. Incorporating River Boards Act, 1908, as 30. Decision of Engineer-in-Chief authority for varied, &c. work, &c. RA. Constitution of Board. 31. Exception as to urgent work. 88. Confirming exercise of powers and appoint- 32. Section 23 (2) of River Boards Act, 1908, not ments. Validating borrowing. Property to deprive Board of jurisdiction. of late Board to vest in Board. 33. Board not to construct work on tidal waters 9. General powers of Board. without Governor-General's consent. 10. Special powers. 34. Ratepayers list. 11. Board to give notice before exercising certain 34A. Ratepayers' List. powers. 35. Special powers of rating. 12. Failure to send notice. 36. Board may direct separate rates. Separate 13. River Board to approve of drains and other rates may vary in different subdivisions. works. Looal authoi ity to give notice to Estimate of proposed separate rate to be Board. Board not to have jurisdiction open to public inspection. Limit of over matters controlled by Harbour Boards. separate rating-power. Board may credit 14. Obstruction of flow of waters. Local autho- subdivision with interest in respect of rity to give notice to Board. purchases from subdivision as against rates 1fi. Property, works, &0., vested in Board. of subdivision. Proportion of rate to be 16. Penalty for damaging property or doing act credited to ratepayer. in contravention of the Act. 37. Classification of land. 17. Penalty for failing to comply with Board's 37A. Classification of land. order. Proof of receipt of order. 38, Appeals against classification. 18. Board to keep hydrological records. 39. Separate accounts to be kept. 19. Fower to enter on lands. 40. Rating to be on acreage basis. 20. Board may purchase land. 41. Consent of ratepayers before special loan. 21. Price may be fixed by arbitration. 42. Board may pay interest out of loan pending 22. Power to sell and lease lands. completion of work. 23. Notice to be given to local authority of works 43. Power to make by-laws. likely to interfere with roads, &e. Schedules. A BILL INTITULED AN AcT to make Provision for the Improvement of the Waterways Title. of the Manawatu River and the Oroua River, and for the Protection from Damage by Water of certain Lands in the 5 Wellington District. BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as the Manawatu-Oroua River District Short Title. 10 Act, 1923. No. 27-2. 2 Manawatu-01*ua River District. Interpretation. 2. In this Act, if not inconsistent with the context,- " Local authority " means any Council, Board, Trustees, Com- missioners, company, body, or persons empowered to make and levy rates, other than and not being a Harbour Board : " Ratepayer " means any person whose name for the time being 5 is on the ratepayers list of the district : " River Board " means the Manawatu-Oroua River Board: " District " means the river district es*#13;islied constituted under this Act: " Tidal land " means any parts of the bed, shore, or banks of a 10 tidal water which are covered and uncovered by the flow and ebb of the tide at ordinary spring tides : " Tidal water " means any part of the sea or of a. river within the ebb and flow of the tide at ordinary spring tides : " Low-lying land " means lands of which the greater portion is 15 not more than ten feet above the level of ordinary spring tides : " Waste land " means land the capital value of which does not exceed two pounds per acre : " River works " means the undertaking of the River Board, and 20 includes all land, works, assets, and other things owned or in course of construction by or under the control of the River Board: " River and stream " includes all artificial channels and drains constructed by the River Board: 25 " Watercourse " includes all overflow and other artificial channels, and notwithstanding that water flows through such channels intermittently. New. " Protection works " includes all banks, drains, erections, and 30 other works constructed to prevent damage to land by water. First Constitution of 3. (1.) The area described in the Schedule hereto is hereby . district. constituted and declared to be a special river district, to be called the Manawatu-Oroua River District (hereinafter referred to as the district). 35 (2.) The district shall be divided into five subdivisions with the names and boundaries described in the Second Schedule hereto. New. (3.) The Manawatu-Oroua River District constituted under the River Boards Act, 1908, by Proelamation dated the first 4() day of September, nineteen hundred and twenty-two, is hereby abolished. Struck out. Constitution of 4.-The members elected on the twenty-first day of September, Board. nineteen hundred and twenty-two, as the Board of the district (herein- 45 after called the late Board) shall continue to be the members of the Manawatu-Oroua River Board constituted by this Act (hereinafter called the River Board for the various subdivisions for which they were elected until the next statutory election of the River Board, and the Chairman of the late Board shall continue to be the Chairman of the 50 River Board until the next statutory election of a Chairman. Confirming exercise 5. All powers heretofore exercised and all appointments heretofore of powers and made by the late Board shall be deemed to have been legally exercised appointments. and made by the River Board, and shall continue until revoked or rescinded by the River Board under their statutory powers in that 56 behalf. Manaivatu-Oroua River District. 3 Struck out. 6. All moneys heretofore borrowed and all loans heretofore raised Validating borrowing. by the late Board are hereby declared to have been legally borrowed or raised, and shall be discharged by the River Board from time to time 5 out of the administrative rates to be hereafter made and levied. 7. After the passing of this Act all the property of the late Board Proparty of late Board to vest in shall become the property of the River Board, and all the liabilities Board. and engagements of the late Board shall become liabilities and engage- ments of the River Board. 10 8. The River Board Shall be deemed to be a River Board under Incorporating Rivers the River Boards Act, 1908, and all the provisions of that Act, except as varied:Board Artq_ 60. 1908, in so far as any of such provisions are expressly or impliedly extended, varied, or repealed by this Act, shall apply to the River Board. New. 15 8A. (1.) There shall be for the district hereby constituted a River Constitution of Board to be called the Manawatu-Oroua River Board, consisting of Board. nine members, of whom one member shall be elected by the ratepayers of the Oroua Subdivision of the district, two members shall be elected by the ratepayers of the Kairanga Subdivision of the district, three 20 members shall be elected by the ratepayers of the Makema Subdivision of the district, one member shall be elected by the ratepayers of the Kopuataroa Subdivision of the district, and two members shall be elected by the ratepayers of the Moutoa Subdivision of the district. (2.) The members elected on the twenty-first day of September, 25 nineteen hundred and twenty-two, as the Board (hereinafter referred to as the late Board) of the district abolished under the last preceding section shall continue to be the members of the Manawatu-Oroua River Board constituted under this Act as if they had been duly elected thereto, and shall represent thereon the subdivisions of the district corresponding 30 to those of the district hereby abolished which they were elected to represent, and such members shall continue in office until the election of their successors under the provisions of the River Boards Act, 1908, hereinafter applied. (3.) The Chairman of the late Board shall continue to be Chairman 35 of the River Board until the next election of a Chairman under the provisions of the River Boards Act, 1908, hereinafter applied. (4.) The Board of the Manawatu-Oroua District abolished under the last preceding section is hereby dissolved. (5.1 The River Board hereby constituted shall be deemed to be a 40 River Board under the River Boards Act, 1908, and shall have all the powers conferred on a 1-liver Board by that Act, and all the provisions of that Act, except in so far as any of such provisions are expressly or impliedly extended, varied, or repealed by this Act, shall apply accord- ingly. 46 8B. (1.) All powers heretofore exercised and all appointments here- confirming exercise of powers and tofore made by the late Board which might lawfully have bee n exer- appointments. cised, or bv a River Board constituted under the River Boards Act, Validating 1908, are hereby declared to have been lawfully exercised or made, and borrowing.
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