""Qi Ib 7 '1:1-A /8 A18
Report of Tarah Nikora on Historic Legislation pertaining to the Whanganui River, 22 December 1993. wai 167 - Schedule of whanganui Local Legislation
Explanatory note: copies of the Acts/orders listed below were not aple-to be found in the time available for this commission. Having looked at other II Whanganui II legislation it is considered that for Tribunal purposes most would have little impact on any maori claim. The 1876 Act and the two orders of 1982 and 1989 may be of interest and arrangements have been made for copies of the Act and orders to be obtained and supplied to the TribunaY.
1863 The Whanganui Bridge Act 1865 The Whanganui Bridge Act 1869 The Whanganui Bridge Act 1876 The Whanganui Harbour and River Conservators Board Act 1877 The Whanganui Harbour Endowment and Borrowing Act 1982 The Whanganui River Control Order 1989 The Whanganui Harbour Foreshore Order 2 s10 - Interest in debenture, when to cease. sll - Supreme Court may order sale, and appoint Receiver. s12 - No more than 20 000 pounds to be raised. s13 - Liability of the Corporation. s14 - No claim aganinst Revenue of the Colony. s15 - Accumulated funds of the Benefit Societies may be invested under this act. s17 - Bridge to be vested in the Corporation. ~ s18 - Tolls of the wharf and bridge to be paid to the Corporation. s19 - Corporation to keep bridge and wharf in repair. s20 - The Corporation has the power to lease tolls of the bridge. s21 - The Corporation has the power to lease tolls of the wharf. s22 - Present tolls on bridge to continue till altered. s23 - Borough Council may alter tolls by special order. s24 The Corporation shall have the power to appoint and remove collectors and other officers for the collection of tolls. s25 Tolls on certain vessels in some cases. s27 Wharf regulations. s28 Appointment of wharfinger. s29 - Regulations to be printed and copies to be sold. s30 - Tableof tolls to be put up. s31 Grant of foreshore may be made to the Corporation. s32 Corporation to act by the councilor Committee. s34 - How 20 000 pounds to be paid by the Corporation to the Superintendent to be applied.
~ .. .,;~ The Wanganui River Foreshore Grant Act 1873 s2 Governor empowered to grant the land described in Schedule. s3 Reclamation of land authorized to be granted and erections thereon not to be made excepted to conditions s4 - Customs Examination Shed excluded from the operation.
The Wanganui River Foreshore Grant Act 1874 s4 Governor empowered to grant certain land in Wanganui River to Corporation of Wanganui. s5 Reclamation of land authorized to be granted, and erections thereon not to be made except subject to conditions. s5(l) - Plans must be approved by the Governor in Council. s5(2) - Owners of land injuriouslY affected to be entitled to compensation.
The Wanganui Gas Company Act 1877 s3 - Power to break up street, bridges and wharfs under superintendance, and open drains. s26 - Penalty on the Company for causing water pollution. s27 - Daily penalty during continuance of the offence outlined in s26. s28 Power to Wanganui Borough Council to enter and inspect gasworks to ascertain origin of nuisance. 3
The wanganui Harbour Endowment and Borrowing Act 1877 s7 to 16 - Borrowing powers of the Wanganui Harbour Board. s17 to 24 - Repayments of the loan by the Board. s25 to 28 - Remedies of Debenture-holders.
The Wanganui Bridge Debenture Act 1879 s3 Board may borrow money in payment of debentures. s4 New loan secured on bridge and tolls to have only three years currency. s5 Money borrowed to be repaid out of 100 000 pound loan.
The Wanganui Harbour and River Conservators Board Act 1880 s3 Governor authorized to cancel grants and issue others in lieu. s4 Further grant of the Board.
The Wanganui Bridge Act 1883 s4 Accumulated sinking fund unexpected to be paid to the Harbour Board. s5 Wanganui .Borough Council· charged with the repair and ... __ maintenance of the bridge free of tolls. s6 Annual contribution to be paid by the Wanganui Borough and County repectively during 21 years. s7 Moneys so received to form part of the securities for Harbour Board loans. s8 Release of Harbour Fund from payment of 17 oon pounds. s9 Tolls may be reimposed if Harbour Fund insufficient for interests on loans. s10 - If loans are to be reimposed 17 000 pounds to be refunded to the Queen by Board.
The Wanganui River Trust Act 1891 s2 Wanganui River Trust constituted. s3 - Upper Wanganui River District constituted. s4 - Trust to be a River Board with certain powers. s5 - Trust to improve navigation of Upper river and may construct jetties and landing-places and establish ferries. s6 - Lands in waimarino Block set apart as an endowment for Trust. s7 Occupiers to be liable for rates. s8 - Lands within the district may be placed under control of the Trust. s9 - Lands of natural scenery may be declared public domain subject to the Trust. s10 - Lands outside the district may be bought under the 4
jurisdication of the Trust. s11 The act does not apply to Native or private lands. s12 Governor may make regulations for administration of the act.
The Wanganui River Trust Act 1891 Amendment Act 1892
s2 - River Trust may levy tolls on goods and merchandise carried on the river.
The Wanganui Harbour Board Endowment Sale 1892
s2 - Board may dispose of balance of endownment lands on deferred payment by private contract. s3 Provisions set aside for roads in such lands. s4 Exception as to township lands.
The Wanganui River Trust Act Amendment Act 1893
s2 - Extended power of trust removing obstructions to navigation of river. s3 Natives may apply to the Native Land Court to assess compensation for earth taken from or desposited on their lands.
The Wanganui Harbour Board Act 1893 s5 Constitution of the Wanganui Harbour Board. s6 Vacation of Office by Wanganui Harbour and River
Conservators Board. .J s7 Numbers of Board members. s8 Non-elective members s9 Election of members.
The Wanganui River Trust Act 1891 Amendment Act 1900 s2 Additional members to be elected by burgesses. s3 Election to be held biennially. s4 Manner of elections. s5 Date of first election. s6 Returning officer to notify names of person elected. s7 Cost of elections to be paid by revenues of the trust.
The Wanganui Harbour Act 1905 s3 The Wanganui Harbour Board have the power to borrow money. s4 Consent of the ratepayers to be obtained for harbour works. s5 Provision for sinking fund. 5
The Wanganui Harbour Act 1907 s3 The Boards powers to borrow money. s4 Provisions for a sinking fund.
The Wanganui Harbour Board Vesting Act 1910 s3 - Land in Schedule vested in the Wanganui Harbour Board as an endowment.
The Wanganui Harbour Board Vesting Act 1911 s3 - Lands in Schedule vested in Wanganui Harbour Board.
The Wanganui River Bridge No.2 Act 1911 s3 - Apportionment of cost of construction and maintenance of the bridge. s4 Power for the Wanganui Borough to borrow money. s5 Bridge to be vested in and under control of the Wanganui Borough. s6 Power to construct tramway over the bridge.
The Wanganui River Trust Amendment Act 1912
~. ~~ s2 - Leasing powers conferred on the Wanganui River Trust.
The Wanganui Harbour District and Empowering Act 1913 s12(b) - Harbour dues to be charged and Collected 1n respect of goods landed at the Port of Wanganui and despatched to places outside the harbour district as the board may direct. s13 - Constitution of the wanganui Habour Board.
The Wanganui Harbour Board Vesting Act 1917 s3 - Road described in the Schedule is closed and vested in the Wanganui Harbour Board.
The Wanganui River Trust Amendment Act 1920 s2 - Surrender of leases may be accepted and new leases may be granted. s2(c) - Leases may be granted to subtenants. s4 Governor General may fill vacancy on the Wanganui Trust Board until the next biennial election of members. s5 - Trust entitled to gravel etc and may sell same. 6
The Wanganui Trust Amendment Act 1922 - s2 - Altering constitution of the wanganui Trust. s4 - Constituting the Wanganui Trust Board. s5 - Elections etc of the Board members. s6 to 10 - Powers of the Board. s11 - Roll of ratepayers of the district. s12 - Voting on proposal to borrow money. s13 - Power to mortgage. s14 - Rating-area.
The Wanganui Harbour District and Empowering Amendment Act 1923 s2 The Board has been given powers to borrow further sum of 200 000 pounds for completion of harbour-works. s3 Preparation of special roll for the poll of ratepayers.
The Wanganui Harbour District and Empowering Amendment Act 1926 s2 - Power to borrow further sum of 40 000 pounds for harbour works. s3 - Incorporation of provisions re taking of poll as set out in the Wanganui Harbour District and Empowering Amendment Act 1923.
The Wanganui Harbour District and Empowering Act.l~29 s3 Power to borrow a futher sum of 200 000 pounds for harbour works. s4 - Incorporarion of provisions re taking poll as set out in the Wanganui Harbour District and Empowering Amendment Act. s5 - Limitations of section 12 of the Wanganui Harbour District and Empowering Act 1923.
The Wanganui Harbour District and EmpoweringAmendment Act 1935 s3 - Power to divert for raising moles unexpectedbalance of moneys authorised to be raised for other puposes under the Wanganui Harbour District and Empowering Amendment Act 1929.
The Wanganui Harbour District and Empowering Amendment Act 1937 s3 - The Board is authorized to borrow money. s4 Terms of the borrowing. s5 A sinking fund. s6 Power is given to borrow on table mortgage s7 - Repayment to the Bank of New Zealand. s8 - validating temporary borrowing for the Bank of New Zealand. The Wanganui District and Empowering Amendment Act 1954 s3 Harbour works specified in the Schedule authorized. s4 - The Board has the power to borrow money to carry out the 7 works. s5 The Board may make a special rater l~vy for securing repayment of the moneys borrowed. s6 Consent of the rate payers is required for the purposes of borrowing moneys. s7 Estimate of revenue and expenditure to be made yearly by the Board. s8 The Board is authorized to reimburse to the harbour fund the moneys borrowed. s9 - Authorizing debentures as trustee investment.
The Wanganui Bridge Act 1968
s2 - Repeals the Wanganui Bridge Act 1883.
The Wanganui Harbour Board Empowering Act 1972
s3 - Land that has been vested in the Board pursuant to the mentioned acts may be sold and transferred for cash to the lessee. s3 - Provided the sale is designed for residential purposes and occupied exclusively by persons residing therein as their horne is erected on that land. s4 - Accounts payable on approval and to the Board. That money and interest acquired will be applied by the Board as they think fit.
The Wanganui Harbour Board Land Development Act 1974
s3 The Board has power to borrow money subject to s7 (develop land and erect premises). s4 The Board has the authority to make and levy a special rate for securing repayment of the money authorised to be borrowed. s5 - subject to s3 a returning officer may be appointed for the purposes of the poll required to be taken on the proposal to raise the loan of the prior consent of ratepayers of the Wanganui Harbour. s7 The Board has the authority to develop land and erect premise subject to this act. s8 The Board has the authority to lease on completion and commercial or industrial premises or part of by private contract.
The Wanganui city Council vesting and Empowering Act 1983 s3 and s 4 - Land described in the first and second schedule is vested to the Council.
The Wanganui Harbour Act 1988 8 s4 Abolishes the wanganui Harbour Board. s5 All powers, functions and duties of t~e Board are transferred to the Council. s6 Transfers assets etc to the Council. s? The Council is able to grant functions, etc as a Harbour Board. s8 Council shall establish a Harbour committee. s9 Application of income may be applied towards the operation or development of the port at Wanganui. 353
NEW ZEALAND.
TRICESIMO SEXTO VICTORI~ REGIN~.
No. LXV.
'f**~***********************************~******~******** ••
ANALYSIS. Title. P.1.RT II. Preamble. TRASSFER OF THE BRIDGE AXD WHUY. 1. Short Title, and division. !. Commencement. 16. Re~l. 17. Bndge to Teat in Corporation. 18. TolIa of whad &lid bridge to be paid to Cor PART I. poration. 19. Corporation to keep bridge and wharf in repair. roWER FOR THE CORI'ORATIOX OF WAXG.\XUI 20. Power to lease tolb of bridge. . TO RAI:lF. lroXEI". 21. Power to lease tolls of wharf. 3. Corporation may issoo debentures. FlJ'8t 22. Present tolls on bridge to continue till &!tered. Schedule. 23. Borough CouDCt1 may alter toDs by epecial 4. Amouut of debentures. order. 6. Rate of interest. Coupons. 24. Appointment of Collectors. 6. Debentures and coupons to bo payable to 25. TolI.. on vessels in ct"rtain cases. bearer. 126. Interpretation of" wharf." 7. Principal intert".it and sinking fund a first 27. Wharf ...·gulations. Second Scht:dule. charge on bridge and wharf. 28. Appointllll'nt of Wharfingl'r. 8. Sinkin~ fund. 29. Regulations to bo printed, antI copies to bo 9. Trustee. of ,inking fund. I ~old. 10. Int"re,t on .(ebentul"t'., when to cease. ; 30. Table of tolls to b" pllt up. 11. Snprl·m,· (~.)1lrt tnay or,lttr !":lll'. nnd nppoillt '31. Gr:lnt elf f,)r(.·!Jhorc 11Ia,- h.· mallet,) Ct'rp()rntiou. H,·c,·;,,·" , :I:? Curpomtioll 10 act h~ lh" Cuuncil or CulQll1ittco 12. No 1Il0rl' t Itall £:!O,llOO to b" rais..·J. i thereof. 13. Liability of Corpomtion. ~ 33. Interpretation of"lfunicipal Corporations.!.ct." H. No c1ailll lI;!uill>t HeH'nlle of Ih ... C ... lony. : 3-1. lIow £:!O.OOO 10 be \",iJ by C..... poration to 15. AcculIlllblt- AN ACT to vest the Wanganui Bridge and the Public Title. \Vharf at \Vanganui m the Mavor Councillors alld nui-g(·:.(· ... (11- the BOr()llgll ()(\\-~lllg~llllli, and to proyide for the raising of the Purchase lVloney hy the said Mayor Councillors and Burgesses. [25/11 OctlJbo', I~ :!.J \ HEREAS hy an Act of the Superintendent ~nd l>rovinciat Prenmbk Council of 1Vellin~ton, intituled ".An Ad to :lUthorizc the W('onstruction of a B;'idgc oyer the ,rang-anui Hin~r, and Ie\·ying 354 36° VICTORlJE. Wanganui Bridge and Wharf. of Tolls on Traffic over the same," it was provided that a \j():Qlj!iDl~ should be appointed by the said Superintendent with ""r.T__ _ stroct such bridge, and the said Superintendent was tolls on the traffic over such bridge: . And whereas by another Act of the said Provincial Council, intituled " An Act to extend the raising the Amount authorized by Act, Session X., strueting a Bridge over the Wanganui River," the time cer~in powers given to the said Committee under the Act might be exercised was extended: And whereas by another Act of the said • Provincial Council, shortly intituled "The Wanl~lU1 Amendment Act, 1869," it was enacted that the collected on or in respect of the said bridge should be Colonial Treasurer, to be applied by him in such LLI.(:... .l.I~"'L mentioned, and that the tolls toll-houses and toll-gates ~v •. vu,"'. the said bridge should, so long as the said Act remained in Op jer3tiOD_ be vested in the Colonial Treasurer for the time being: And whereas the last-mentioned Act was passed in to the Government of the Colony the payment of l'!Al''f:~l'nl advanced by them for the construction of the said bridge,' unnecessary that such security should continue:". And whereas the said Superintendent has, with the consent~ said Provincial Council, agreed to sell the said bridge and public wharf at Wanganui, and the several tolls and p:'ofits arising therefrom, to the :Mayor Councillors and Burgesses of the Borough of W anganui, fo~ithe sum of twenty thousand pounds: BE IT THEREFORE ENA.CTED by the General .L.I..O'''<:i~UU.L_Y Zealand in Parliament assembled, and by the authority as follows : Short Title, and I. The Short Title of this Act shall be "The W"'.... ,;;u,..L~ ~ ...... '" diTiaion. and Wharf Act, 1872." It is divided into two parts, as PART I.-Power for the Corporation of Wanganui Money. PART lI.-Transfer of the Bridge an'd Wharf. Commeooenient. 2. '1'he Second Part of this A.ct 'shall come into operation upon payment by the Mayor Councillors and Burgesses of the Borough of Wanganui (hereinafter called "the Corporation "), to the "Super intendent for the time heing of the Proyince of '\Vellington, of the sum of twenty thousand POlllHb, to he appropriakd as hereinafter mentioned, and upon the Corporation certifying to the said Superin tendent, under their common seal, that the Corporation has resolved to take upon itself the burden .01' ma.intaining the Puhlic Hospital at 1Yangallui. The residue of this Ad ~hall eOI1H' into C!perat!on imme diately on the passing thereof. ; ~ '.: PART I. POWER j-'orr THE COltrOI~.\TIO:'\ OP 'L\:'\G,\:,\l"r TO It,\ISE )lO:-iEY. Corporation may 3. In order to raise the moneys necessary for completing the wue debenture .. purchase of the said bridge and wharf, it shall be lawful for the Corporation to issue dehentures ullIi('r the common seal of the Firat Scbedule Corporation, in the form set forth in the First Schedule to this Act, and to sell the same, togcthf'l· or in separate lots, in such manner as the Corporation shall think lit. Amount of deben· 4. EyelT sUe'll del)('ntt\r(~ shall 1)(, for the Sllm of not kss than tu ....·~. lift~" nor 1ll0l·;~ thall liw hundred pOllIld~, payable as to tile principal 360 VICTORllE. 355 Wanganui Bridge and Wlta1:f. thereby secured at the expiration of seven years from the date and all such debentures shall bear dat.e on the same day. £) , Every such debenture shall be payable, both as to principal Rate ofintereet. ~terest, at such place as shall be therein mentioned for that Coupons. , and shall bear interest at a rate not exceeding eight pounds I PU~tuUl per annum from the date thereof, payable half-yearly at pd C mc place as the principal money secured by such debenture, and : the ~te coupons for each half-year's interest, in the form in the said tt'113r:. schedule, shall he attached to every such debenture, and each .. shall be signed by the :Mayor for the time being of the said JJorOugh of Wanganui, and countersigned by. the Clerk of the Borough Council. • 6. The said debentures and coupons shall respect~vely be ~s- Debenturea and (. 11>10 bv delivery; and payment to any person havmg possessIOn :l~ns~pay. 7' a;V s{;ch debenture, of the principal sum thereby secured, shall r. ~~'h<:r(l'e the Corporation and their successors from a1,1 liability in ~pect :Jo1' the said principal sum; and payment to any person having . ssion of any such coupon, shall discharge the Corporation from ~lhility in respect of the interest in such coupon expressed to be ... pa,·able. . ~ . 7. 'rhe principal and interest secured by the said debentures, and Princ~pa! interest ,. the p PART II. TItAXSFER OF THE BRIDGE "\XD TI"UARF. Repeal. 16. The said Ad of the sn.id Superintendent aml Provine Council, shortly intitulcu "The 'Wangauui Bridge Act Amendm~ Act, 1869," is het·eby repealed. Bridge to l'~t in 17. Immediately upon the comin~ into operation of this p~ Corporntion. ? the said bridge, and the toll-houses and t()n-~atl's helon~in~ th~r€ shall yest without any eOl1n'yanee ill the Corporatioll, awl the lin of the Borough of ,ranganui shall bc extended so as to include 1 whole of the said bridge and thc s.1.id toll-houses and gates. And 1 Corporation shall hold the samc as part of the corporate propert» the Borough of Wanganui, and subject to thc laws and rules for' time being in force respecting the disposal and managcl~len~ of corporate property of tIle sai 4 Wanganui Bridge and Wltaif. lB. All the tolls rents and profits collected on the said bridge,. as Tolls of wharf and for traffic over the same. as for charges on vessels passmg ~~r!ti:' paid to ~'u~~ the same, on and.after the day on which this Part comes into and all ch..'l,rges and tolls collected. at or on the said wharf . Bud after tha~ day, shall be paid to th~ C.orporation, ar:d, af~r .. ridinO' for the mterest and payments to smkmg fund mentIOned m _. t: FirstPart of this Act, the s~rplus (if any) shall form part of the · C)l'd'n:lrV- revenue of the CorporatIon. V '-t. 1 i9 • It shall be the duty of the. Corpor~~ion to. keep the said C~rporation to k~p Pbridge toll-houses and g:ates and the ~ld wharf ill repaIr. =~. and wharf 111 · 20. The CorporatIOn shall have power to let tJIe tolls to cOO Powerto1easetollt f received at the said bridge for any term not exceeding three years, at oCbridge. · sUch rent and upon such terms and conditions as they shall think fit. 21. The Corporation shall hav-e power to let the said wharf, and Power to lease tolla the charges and tolls to be received thereat, for any term not exceed- of wharf: jnO' three years, at such rent and upon such terms and conditi~ns' as th~y shall think fit. · 22. The to~. w~ch unde: the s~ver~l Acts of the said Superin- ~t tolla ~ _u'"t··.,n .. *" mt~ ___" ______..,., __.-- __ ------~--- N00li Wanganui Bridge and Wharf._ Wanganui lying betwee?- the production of. the north side of Victo~ Avenue and the productIOn of the sout~ sIde of Churton Street, and. bounded tow~ds t~e South-east by a lme of three feet in depth, fi:fJ l~w-water spr~g t~des, and to~ard~ the North-west by the line 'or:7 high-water sprmg tIdes and all erections and works for the time -.. ' standing upon such foreshore. Wha.n regula.tioha. 27. The regulations set forth in the Secon,d Schedule n"',oah~'. Second Schedule. have the same force and effect as if enacted herein, and every nel'S(]~n'~ committing any offence mentioned in the said Schedule shall be U4IUJ.Qj't' to pay, upon conviction thereof, such penalty as is herein sp'eClfied, with respect to such offence: Provided that if the 1'hird Thirteenth Scpedule to" The Municipal Corporations Act, .1.~~'PJ~ any by?laws for the purposes mentioned in that Part, shall be into force within the Borough of Wanganui, the regulation~ contained may be repealed or varied by the Council of t4e said ___ "J=O in the same manner as if they were by-laws of the borough under the said Municipal CQrporations Act. . Appointment of 28. The Corporation may from time to time appoint and remove Whs.r:finger. such one or more person or persons to manage the said wharf and to '. . carry out the said re~tions as the~ shall think fit, and at;!~. salary as t)le C-orporatlOn shall fix. '1 he term "Wharfinger" ill . ' said regulations shall mean and include such person or persons. ~ul"tions to be 29. 'rhe said regulations shall be printed in a separate form, an ?h~!;872. 36<> VICTORflE. 359 , ~------~------rf ___------~-a-n-g-a-n~u-i--~-rid-·-g-e~a-n-d--hV--Z-la-~~ .______ ) For constructing a bridge over the Waipoua River at Masterton 600 For constructing a bridge over the Taueru on pre sent main road 900 For metalling Taueru main road to Kahumingi ... 1,000 For conStructing a bridge, over the Rangitikei River at Bull's ... 4;000 For constructing a bridge over the Oroua 800 For forming and metalling a road from Bull's to Palmerston through Orona 7,500 For constructing a bridge over the Ruamahanga River ... ' 4,500, For forming and metalling the approaches to the last-mentioned bridge 480 For contingent expenses connected with all or any of the above works 220 £20,000 And if aftcr completing all the aforesaid works there shall remain any surplus, the same shall form part of the ordinary revenue of the Province of 'Yellington, and he suhject to appropriation by the Pro vincial Council thereof for puhlic works only. SCHEDULES. ;a:4 Schodules. FIRST SCHEDULE. BORocGn OF W A..NGANUI LoAN OF £20,000. Number , £ Debenture for £ , £ Parable at on , Il':med by the Corporation of the Borough of Wanganui, New Zealand, under :m Ad of thc General Assembly of Xew Zealand, intituled "The 'Vanga llUi Bridge and Wharf Act, Ib72." _YR -The' holder of t hi" D('bcnturc has no claim in respeet thereof upon the GO\ CrJllll('1l1 "I till: C .. : .. I1: t.: ).l \\ Z .. al;\IItI, .. r upon th" l'ro\'iuclal lIOHTllllll'lIt (If the Pro\ ill\'c of \r tllingtoll, or on tire rc\ enue thereof. On pre8cntatioll of tlii" Dcul'nturc at , on or after the day of IS , the bl'arer hereof will he entitled to receive £ I nter(':il ()11 t hi:< Debent Ul'(' \\ ill ("ease after the day when the payment falls due, nuk~s def:ltIlt is made ill payment. [,sucd tinder t he ~l'al of dte Corporatioll, the day of , IS7 :Signed Mayor. C'ountl'l":'igned 1'0\\ n Clerk. ((01:1'0:-;,) Debenture Xo. of the Corporation of \Vang:lllui, X(,W Zealand, issued under •• The \Vanganui Bridge and Whru-f Aut, Ibn." 0" pre,elltat iUII of this Coupon at , on or after the day of IS , the bearer hereof" ill ue entitlcd to recci\ c .t.: :-:iigned ( \ Ttl" 11 Clerk. u:'_~~ ___ ,,-.... _--. __ ~ __. No. I Wanganui Bridge and Wharf. SECOND SCHEDULE. 1. Vessels discharging cargo shall be allowed one clear day (Sundays and holi not incl~ded) for every thirty (30) tons register, and vessels loading two (2) clay every thIrty (30) 100,8,. free of charge. After this time to pay one (1) ~hj~!pe, per day. ' . . ;',. '<";;t~Jt,> 2. All hulks, woen lying ontside a vessel for the purpose of delivering or reee coal, shall be exempt from wharf dues, . 3. For all goods, except wool flax and tow, if stored, there shall be paid o'rie shi and sixpence per ton, inclusive of fourteen days' storage and labour receivmo t( from ship's side; and for '1\"001 flax and tow, sixpence per bale. .After that time 0 st( for wool flax and tow, per bale, sixpence per week, and for other goods tw;o Shilling ton per week. ~.;;.' :! 4. The Wharfinger shall give receipts for all goods, and supply the neceSsarY h for loading and.unloading drays without further charge. 5. The 'Wharfinger shall be responsible for all bonded goods landed on the, after three o'clock p.m., and for all free and duty-paid goods after four o'clock p.m. goods landed after these houn he shall be allowed, in addition to the usual wharfa< make a charge of one shilling per ton upon the owner of the vessel from which the ~ are landed. This charge to include labour. Such goods to be free of storage ch'; for three days; after this time a charge of two shillings per ton per week shall he p p. The Wharfinger_shaH receiv~ at t~e ship's side all goods landed, give receip. the same, and be responsible for theIr delIvery to the carters or other persons appo by the consignees, and provide labour for loading drays, and for weighing measurlD! examining making up and marking dutiable and bonded goods, and shall also pr the necessary weighing machines, as may be directed by the Commissioner of Cus without further charge. 7. The 'Vharfinger shall provide labour for unloading frolll th'aY:l goods int( for shipment, and if required by the shipper shall give receipts for the same, and a the signature of the mate or purser to shipping notes, without further charge. S. Thc Wharfinger to provide weighing machine for Colonial produce tranship 9. Ballast and coal shall not be deposited on the whart: Any person uffel against this regulatiou shall pay on conviction a penalty not exceeding fh-e pounds. 10. When eoal or ballast is being loaded or discharged, the persons loadiI discharging shall provide means to pre,ent any portion tliereof falling into the w and any person offending against this regulation shall pay on conviction a pc not exceeaing five pounds_ Vessels belonging to the Imperial or Colonial Go\'Crnmcllts shall be alJowed t alongside free of charge, and all 8tores the property of such Governmenb 8bt landed or sbipped free of wbarfage dues. Labour ill conn.ection with such landil sbipping 8hall be provided by such Governments respectively. The following tolls shall be charged in respect of the several articles against, such tolls appcar when lIuch articles arc landed or shipped from the wharf, or n from one vessel to another over the wharf:- W-001 flax and tow !ld. per hale. Grain and flour Is. per tou. Coal I!'. per ton. J[orl'c~ hullock WELLI~GTOX. NEW ZEALASD: Printed under the authority of t he ~.,..- Zl'U!nml Go,,-cMlnJl'nt, by G £OUG E DlDsnt'llt'. GO..-l'nltllcnt P 1I3 NE1V ZEALAND. TRICESIMO SEPTIMO VICTORllE REGINlE. No. XXX. *********************************************************** AJ.'fAL YSIS. 3. Reclamation of land authorized to be granted, Title. and erections thereon not to be made except Preamble. subject to conditions. Approval of Govel"nor 1. Short Title. i in Council. Owners of land iujuriously 2. Governor empowered to grant, uuder "The I' affected to be entitled to compensation. Public Reserves Act, 1854," the land de- 4. Customs Examination Shed. scribed in Schedule. I Schedule. AN ACT to authorize the Governor to grant to the Title. Superintendent of Wellington certain Land, being part of the bed of the River Wanganui. [ 2 2nd September, I 873. ] HEREAS it is expedient that the land described in the Schedule Preamble. hereto, being part of the bed of the River Wanganui, should W be granted to the Superintendent of Wellington; BE IT THEREFORE ENACTED by the General Assembly of New Zealaml in Parliament assembled, and by the authority of the same, as follows ;- I. The Shqrt ':£itle of this Act shall be "The W anganui River Short Title. Foreshore Grant Act, 1873." 2. The Governor, with the advice of his Executive COlllcil, may, GovernOl" empowered to grant, under "The under the provisions of the second section of "'fhe Public Reserves Public Reserves Act, Act, 1854," grant to the Superintendent of Wellington and his suc 1854," the land de cessors the land described in the Schedule hereto, but such grant shall scribed in Schedule. not prejudice the rights of any persons claiming aml entitled to water frontage. _ 3. It shall not be lawful for the Superintendent or any other Recla~ation ofland person), or any body corporate to construct or carry out any reclamation grauted,nuthonzcd!o nutl ercctJons be . works, harbour works, 01' other works whatsoever on the land hereby thcl"eon lIot to be Supple-ment to tke New Zealand Gazelte, No. 56, of the 25th September, 1873. 37° VICTORllE. No. 30. Wanganui River Foreshore Grant. made except subject authorized to be granted, or to erect any quay wharf jetty pier or other to conditions. building thereon, except subject to the following conditions ;- Approval of Go.er (1.) That the plans and specifications of such works 01' build nor in Council. ings be first submitted to and approved of by the GOvernor in Council. Owners of land in (2.) All persons being owners of or having any lesser estate or juriously affected to be entitled to com interest in any lands which may be deprived of water pensation. frontage, or be injuriously affected by the construction of the works or buildings, shall be entitled to receive com pensation for such deprivation of water frontage or injury, the amount whereof shall be ascertained in the manner set forth in "The Lands Clauses Consolidation Act, 1863," and "The Lands Clauses Consolidation Act Amendment Act, 1866." Customs Examina 4. Notwithstanding anything contained in the twenty-sixth sec tion Sheet tion of "The Wanganui Bridge and Wharf Act, 1872," or in this Act, the piece or parcel of land on Taupo Quay whereon is erected the Customs Examination Shed, together with the land hereinafter men tioned, shaH be and the same is hereby excluded from the operation of this Act, and shall be and he deemed to have been excluded from the operation of the said first-mentioned Act. Within six months after the passing of this Act it shall be lawful for the Governor in Council to define the limits of the land to be included and set apart as the site of the said shed; but the area to be so set apart shall not exce~d one-quarter of an acre, and shall extend to the water frontage to such depth as the Governor may prescribe, not exceeding the limits by this Act defined, and may extend in depth so as to have a frontage on Taupo Quay aforesaid. Schedule. SCHEDULE. ALL that piece of land, containing twcnty-nine acrcs more or less, being a portion of the right side of the RiYer ,Vanganui, lying between the production of the nodh-eastern boundary of country scction No. 11, and the produc-tioll of the north-eastern boundary of suburban section No. 14, and bounded towards Korth-east by a line of 1) feet in depth at low water spring tides; towards the South-east by a line of 3 feet in depth at low water spring tides; and towards the North-west and South-west by the line of high 'wat~r sppng tides; excepting al ways that portion of the said piece of land containing 3 acres 3 roods ;llld 3S perches, more or less, lying between the production of the north side of Victoria Avenue :lnd the production of the south side of Churton Street, and bounded towards the South-cast by a line of 3 feet in depth at lo\\" water spring tides, and towl\l'ds the North-west by the line of high water spring tides, as set forth and described in section 2G of" The Wanganui Bridge and 'Wharf Act, 1872." WELLINGTON, NEW ZEALAXD: Print~d uncler the authority of the Nell Zealaud Government., by G£ORGE DIDSD17RY, Go\"ernmt"nt Printer. 175 NEW ZEALAND. TRIOESIi\IO OCTAVO VICTORllE REGIN£. No. XXXVIII. .*******************************************~************** ANALYSIS. .. Title. 5. Reclamation of land authorized to be granted, . - Preamble. and erections thereon not to be made except 1. Short -Title. subject to conditions. Approval of Governor 2. Repeal of part of "The Wanganui River Fore· in Council. Owners of land injuriously shore Grant Act, 1873." affected to be entitled to compensation. Interpretation of" plan." Schedule. Governor empowered to grant certain land in W anganui River to Corporation ofWanganui. ACT to authorize the Governor to grant to the Title. Mayor, Councillors, and Burgesses of the Borough of Wanganui certain Lands being parts of the bed of the River Wanganui. [3 1st August, 1874.] -LA."L...... V ...... 'U-IV it is expedient that the lands deScribed in the Schedule Preamble. hereto, being parts of the bed of the River Wanganui, in the Province of Wellington, should be granted to the Mayor, ~~~v.uJ.V~O. and Burgesses of the Borough of Wanganui : BE IT THEREFORE ENACTED by the General Assembly of New ;:.~~u.u. in Parliament assembled, and by the authority of the same, follows :- 1. The Short Title of this Act shall be "The Wanganui River Short Title. p.rt::suc)re Grant Act, 1874." 2. The second and third sections of "The W anganui River Repeal of part of [l1"PQhl.... " Grant Act 1873" are hereby repealed.. "~he Wanganui ' .' . River Foreshore 3 • In the CQJ1StructlOn of this Act, the word "plan" means the Grant Act, 1873." authenticated for the purposes of this Act by the signatures of Interpretation of Speakers of the Legislative Council and House of Representatives "plan." . 'vely, and deposited in the office of the Minister for Public orks at Wellington. 4. The Governor, with the advice and consent of the Executive Governorempowcred ~ grant cert.ain.land of New Zealand, may , in the• name and on behalf of Her m Wanganut Rh'er grant to the Mayor, Councillors, and Burgesses of the to Corpo~tion of of Wanganui, the several lots or parcels of land marked WanganUi. lRn,:>"f-·;__ with the letters A, B, C, D, E, F, and G. on the plan, thereon coloured pink, and respectively containing the acreage in the Schedule hereto. {{ 38° VICTORllE. Wanganui River Foreshore Grant. There shall be excepted out of Lot E of the said lands authorized to be granted, such part of the said Lot E, not IJA\;eearn'f#' one acre in extent, as the Governor shall think fit, and the same be deemed to be vested in Her Majesty as a reserve for the use of Maori inhabitants of the Town of Wanganui and the neigh as a market-place and place for landing and embarking goods persons, and for such other purposes· as the. Governor'may from to time determine. The Governor in Council may from' tiineto time make alter repeal by-laws regulating the use of the said piece of land and conduct·.of: persons using the same, and may appoint by such by penalties not, exceeding in any case five pounds for the breach of by-laws, or any of them, and all such penalties shall be "ar"... -rr"~n before anyone or more Justices in a summary way. None of the lap-ds described upon the said plan shall be gran except upon condition that the land so excepted as aforesaid is claimed by and at the expense of the grantees. ReclamatIOn of land 5. It shall not be lawful for the Mayor, Councillors, and Bur- authorized to be granted,anderections gesses o.f the B orough 0 f W anganm . t 0 cons t ruc t or carry out any t,hereon not to be reclamatIOn works, harbour works, or other works whatsoever, :a~:n~i~i?n~~ubjeet the land hereby authorized to be granted, or to erect any quay , jetty pier or other building thereon, except subject to the following conditions :- Approval of Gover· (1.) That the plans and specifications of such works or nor in Council. buildings, and the proposed manner of carrying out the said works, be first submitted to and approved of by Governor iIi Council; and that after such approval Governor in Council may order such inspection as may be' deemed necessary to insure the works being can-ied out as specified and approved; and it shall not be lawful to con struct or carry out any such reclamation harbour or other works except in the manner so approved by the Governor in Council. Owners of land in (2.) All persons being owners of or having any lesser estate or' juriously affected to be entitled to com interest in any lands which may be deprived of water pensation. frontage or be injuriously affected by the construction of. the works or buildings, shall be entitled to receive com· pensation for such deprivation of water frontage or injury, the amount whereof shall be ascertained in the manner set forth in "The Lands Clauses Consolidation Act, 1863," . and "The Lands Clauses Consolidation Act Amendment Act, 1866." Schedule. SCHEDULE. Lot A.-Twenty-onc acres and twcnty-eight perches. Lot B.-Eleven acrcs and twclve pcrches. Lot C.-Nine acres two roods and thirteen perches. Lot D.-One acre three roods and four perches. Lot E.-Two acres one rood and four perches. Lot F.-Seven acres one rood and twenty-seven perches. Lot G.-One acre three roods and thirty,:-two perches. WELLINGTON, NEW ZEALAND: Printetl under the nuthorit,y of the New Zenland Government, by GEORGE Dmsm.Tnv. Govcrnmcnt Printer. A.D. 1877. 410 VICTOR.LE. No. XLV. Wanganui Gas Company. LOCAL. "line (9) perchel', more or Jess. Bounded on the N orth-pa~t, one hundred and thirty-eight /13~) links, by Blyth Street; on the 8011th-east, eighty-two (82) links, by the piEce of laud de:::cribed in the Seeond Schedule hereto; and on the ",Vest, one hundred aud sixty (160) links, by Coquet Street. SECOND SCHEDULE. ALL that piece or parcel of land being portion of Longstone Strect, in the said Town of Clyde. Bounded on the N orlh-east by other portion of Longstone Street, one bundred (100) links; on the South-east by the Camp Reserve, one hundred alld forty- one and seven-tenths (U 1'7) linkl!; on the West by <'ther portion of Longstone Street, one hundred and sixteen and four-Ienths (116'4) links; and on the North west by the said Block XLVII., eighty-two (82) links. No. XLV. AN ACT to authorize the Wanganui Gas Company WaNGANUI GAS (Limited) to break up Streets and Bridges, and CO:llpaNY. to lay down and place Pipes, Conduits, and Service-pipes, and to make and construct other "ly\T orks for supplying the Borough of Wanganui and Suburbs with Gas. [20th November, 1877.] HEREA.S a joint stock company has been incorporated under Preamble. W the provisions of " The Joint Stock C!>mpanies Act, 1860," and the Joint Stock Companies .Act Amendillent Acts, by the name of "The Wanganui Gas Company (Limited)," having for its object the production and supply of gas in and for the 1'own and Borough of Wanganui and its vicinity, and the sale Of coal and coke, and the doing all such other things as are incidental or conducive to the attainment of the above objects: And whereas it is expedient that provision should be made authorizing the said Company to break up streets and bridges in and through the Borough of Wanganui and the suburbs thereof, and to lay dDwn and place pipes, conduits, service- pipes, and to make and construct other works for supplying the said Borough of Wanganui and suburbs with gas, and for other purposes relating thereto, and to the objects for which the said Company has been established: BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows :- 1. The Short Title of this Act shall be "The W anganui Gas Short Tille. Comnany's Act, 1877." 2. 'l'he following words and expressions in this Act shall have Interpretation. the meaning h_ereb~ assigned to them, unless there b.e something in the subject or context repugnant to such constructions-that is to say, words importing the singular number only shall include the plural number, and words importing the plural number only shall include also the singular number; words importing the masculine gender shall include females :- The word " person" shall include corporations, whether aggre gate or sole. The word "Company" shall mean the W anganui Gas Com .. pany (Limited). () No. XLV. 410 VICTORI£. A.D. 1877. LOCAL. Wanganui Gas Company. The word "lands" shall include messuages, lands, tenements, and hereditaments. The word "street" shall include any street, court or alley, highway, lane, road, thoroughfare, or public passage or place within the limits of this Act. The expression" rent" shall include any reward or payment to be made to the Company for a supply of gas. The word" month" shall mean calendar month. The expression "two Justices" shall mean two or more Justices of the Peace met and acting together, or a Resident Magistrate. The word "oath" shall include affirmation in the case of Quakers, and any declaration lawfully substituted for an oath in the case of any other person allowed by law to make a declaration instead of taking an oath. The word " district" shall mean any lands within the limits of this Act. The limits of this Act shall extend to and include all lands lying within a radius of ten miles from the south-east corner of the Section numbered one hundred and seventy-three on the official plan of the Town of Wanganui. Power to break up 3. The Company, under such superintendence as is hereinafter streets, &c., under speCl d, may open and break up the soil and pavement of the several superintendence, and ~ open drains. streets, bridges, and wharves within the limits of this Act, and may open and break up any sewers, drains, or tunnels within or under any such streets, bridges, or wharves, and lay down and place within the same limits pipes, conduits, service-pipes, and other works, and from time to time repair, alter, or remove the same, and also make any sewers that may be necessary for carrying off the washings and waste liquids which may arise in the making of the gas, and for the purposes aforesaid may remove and use all earth and material in and under such streets, bridges, and wharves, and may in such streets erect any pillar lamps and other works, and do all other acts which the Company shall from time to time deem necessary for supplying gas within the limits aforesaid, doing as little damage as may be in the execution of the powers hereby granted, and making compensation for any damage which may be done in the execution of such powers. Not to enter on 4. Provided always that nothing herein shall authorize or em pri.-ate lands without consent. power the Company to lay down or place any pipe or other works into, through, or against any buildings, or in any land not dedicated to public use, without the consent of the owners and occupiers thereof, except that the Company may at any time enter upon and lay or place any new pipe in the place of any existing pipe in any land. wherein any pipe hath been already lawfully laid down or -placed by the Company in pursuance of this Act or any other Act of the General Assembly of New Zealand or any Act of the Imperial Parliament, and may repair or alter any pipe so laid down. Owners and occupiers 5. Provided further that it shall be lawful for any owner or ofl'I'i,·"te g"o,mds may nl!er position: occupier of any building or land not dedicated to public use in, to, of pipc~. through, or against, or in which any pipe or other works shall have been laid down or placed with such consent as aforesaid, at any time thereafter, if such owner or occupier shall deem it necessary or ex pedient, upon giving forty-eight hours' notice in writing to the Comi)any, at his own cost and charges, but uuder the superintendence of the Company, to alter and vary the position of such pipes or other works, and to I'elay and place the same, s6 that full compensation be made for any damage done thereby to the Company, or for any 410 VICTORI£. No. XLV. 69 Wangam,ti Gas Company. LOCAL. hindrance or obstruction which may thereby be occasioned to the lighting of any public or private lamp. 6. Before the Company proceed to open or break up any street, Notice to be seHed on persons having bridge, wharf, sewer, drain, or tunnel, the Company shall give to the control, &c., before .... Wanganui Borough Council, or other person under whose control or breaking up st.reets , . Illanagement the portion so to be opened or broken up may be, or to or opening drains. :~ their Surveyor or other officer, notice in writing of the intention of E the Company to open or break up the same, not less than forty-eight hours before such works shall be begun, except in cases of emergency. 7 . No street, sewer, bridge, wharf, drain, or tunnel shall, except Streets or drains not in ca?es of emergency, be opened or br?ken up except under the ~x~:p~~~~~ru;uper. . supermtendence of the persons aforesaId haVIng the control or inte~dence of persons , . Illanagement thereof, or of the part thereof which may be opened or ~:~~g control of broken up, or of their officer, and according to such plans as shall be approved of by such persons or their officers, or, in case of any difference respecting such plan, then according to such plan as shall be determined by two Justices, and such Justices may, on the appli- cation of the person having the control or management of any such street, bridge, wharf, sewer, drain, or tunnel, or their officer, require the Company to make such temporary or other works as such Justices may think necessary for guarding against any interruption of the traffic or drainage during the execution of any works which interfere with any such street, bridge, wharf, sewer, drain, or tunnel. Provided always that if the persons having such control or man If persontf llaving control of same fail agement as aforesaid, or their officer, fail to attend at the time and to superintend, Com. - place mentioned· in such notice for the opening or breaking up of any pany may perform such street, bridge, wharf, sewer, drain, or tunnel, or shall not give the work. notice of any objection to the plan for breaking up or opening the same, or shall refuse or neglect to superintend the operation, the Company may perform the work specified in such notice without the superintendence of such persons or their officers. 8. When the Company opens or break~ up the road or pavement Streets, &c., broken up to be reinstated of any street or bridge, or any wharf, sewer, drain, or tunnel, the without delay. Company shall with all reasonable speed complete the work for which the same shall he broken up, and fill in the ground and reinstate and make good the road or pavement, or the wharf, sewer, drain, or tunnel so opened or broken up, and carry away the rubbish occasioned thereby, and shall at all times, whilst any such road or pavement shall he opened or broken up, cause the same to be fenced in and guarded, and shall cause a light sufficient for the warning of passen- gers to be set up and maintained against or near such road or pave- ment where the same shall be open or broken up every night during which the same shall be continued open or broken up from daylight to daylight, and shall keep the road or pavement· which has been so opened or brokeu up i:g. good repair for three months after replacing and making good cthe same, and for such further time, if any, not being more than twelve months in the whole, as the soil so opened or broken up shall continue to subside. 9. If the Company open or break up any street, bridge, or wharf, Pet1:tlt.v for dd" in or' ad'. ny sewer, raIn, or t unne,1 WI'tl IOUt" glVIllg sue I1 no t'Ice as a f·Ol"eSm 'd , ,cinsta"ting stlC, i •. or III a manner different from that which shall hn,yc been approved of or determined as aforesaid, or without making such temporary or other works as aforesaid when so required, except in the cases in which the Company ~re hereby authorized to perform such works without any superintendence or notice, or if the Company make any delay in com- pleti~g any such work, or in filling in the ground, or reins!p.ting or makIng good the toad, pavement, or wharf, or the sewer, drain, or tunnel so opened or broken up, or in carrying away the rubbish )0 No. XLV. 41 0 VICTORI~. A.D. 1877. Loe.H. TVangamti Ga8 Company. occasioned thereby, or if they neglect to cause the place where such road or pavement has been broken up to be fenced, guarded, and' lighted, or neglect to keep the road or pavement in repair for the space of three months next after the same is .made good, or such further time as aforesaid, they shall forfeit to the persons having the control or management of the street, bridge, wharf, drain, sewer, or tunnel in respect of which such delay or omission is made a sum not exceeding five pounds for each. day during which any such default, delay, or omission as aforesaid shall continue after they shall have received notice thereof. In cnseofdelay, other 10. If any such delay or omission as aforesaid take place, the parties "'ayreinstate, persons having the control or manaO'ement of the street bridge wharf and recover the • • ::>. " • • ' expenses. sewer, dram, or tunnel III respect of WhICh such delay or omISSIOn shall take place, may cause the work so delayed or omitted to be executed, and the expenses of executing the same shall be repaid to such persons by the Company; and such expenses may be recovered in the same manner as damages are recoverable by an action or plaint in any Court of law of competent jurisdiction. .A.ltel!llion of pipes II. The Wanganui Borough Council, or other person under on notice from the \V nnganui Borough whose control or management the portion so to be opened or broken CounciL up may be, if they deem it necessary to raise, sink, or otherwise alter the situation of any gas-pipes or other ~asworks laid in any of the streets, may from time to time, by notice in writing, require the Company to cause forthwith, or as soon as conveniently may be, any such pipes or works to be raised, sunk, or otherwise al~eJ.·ed in position, in such manner as the Councilor other such person as afore said may direct: Provided that such alteration be not such as to permanently injure such works, or to prevent the gas from flowing as freely and conveniently as before; and the expenses attending such raising, sinking, or altering, and full compensation for every damage done thereby, shall be paid by the Councilor other such person as aforesaid, as well to the Company as to all other persons. Wanganui Borough 12. If the Company do not proceed forthwith, or as soon as Council may act on convenientl.v may be, after receipt of such notice, to cause the same to default. be raised, sunk, or altered in such manner as the Wanganui Borough Council, or other person under whose control or management the portions so to be opened or broken up may be, require, the Councilor other person as aforesaid may themselves cause such pipes or works to be raised, sunk, or altered, as they think fit: Provided that such works be llot permanently injured thereby, or the gas prevented from flowing as freely and cOllveniently as before. A majority of tho 13. The inhabitants of any district within the limits of this Act inhabitants of any may require the Company to extend their gas-pipes to any distance dis~l'jct Inny require the Company to within the said limits, being not less than one mile in a continuous extend th"ir gns line, if they shall so desire, and a majority of the said inhabitants, pip"~, being ratepayers, shall sign a memorial addressed to the Company requiring them to make such extensions, and shall show to the satisfac tion of two Justices of the Peace that the net profits· of the Company to arise from such extension will not be less than fifteen pounds pel' centum per annum on the cost of snch extension as aforesaid, and on a reasonable proportion of the costs of all works connected therewith; and such two Justices may, upon being satisfied thereon, make an order requiring the Company to commence and prosecute the works necessary for such extension from a time to be mentioned in such order; and the Company shall from time to time use all due diligence in the prosecntion of such works in compliance with such order. Penult yon Compnuy 14. If the Company shall refuse or neglect to comply with such {or ;cfusillg or, order, the Comnanv shall forfeit a sum not exceeding- five pounds, to ((" ... A.D. 1877. 4-i 0 .VrCToRIJt. No. XLV. )~------ Wanganui GCt8 Company. LOCAL. be recovered with costs in any Court of competent juri~diction, for each day during which they shall refuse or neglect to comply with such order, from the time when notice of such neglect or refusal shall have been served on the said Company by any of such inhabitants, being ratepayers as aforesaid, unless it shall appear to such Court that the delay arose from circumstances beyond the control of the Company. 15. The Company may from time to time enter into any-contract Power of the Com- 'th "" l' ht' 1 . 'th • bl' pany to contract for WI any person .lor Ig mg or supp ymg WI gas any pu lC or lighting strcets &c. private buildings, or for providing any person with pipes, burners, ' meters, and lamps, and for the repair thereof, and may also from time to time enter into any contract with the Wanganui Borough Council, Road Board, or other l)ersons having the control of any of the streets within the limits aforesaid, for lighting the same or any of them with gas, and for providing such Wanganui Borough Council, Road Board, or other persons with lamps, lamp-posts, bUrners, and pipes for such purpose, and for the repairs thereof, in such manner and upon such terms as shall be agreed upon between the Company and the said Council, Road Board, or other persons. 16. The Company may let for hire any meter for ascertaining the Power of the Com quantity of gas consumed or supplied, and any fittings for the gas, for pany to let meters. such remuneration in money as shall be agreed upon between the Company and any person to whom the same may lie so let, and such remuneration shall be recoverable in the same manner as the rents or sums due to the Company for gas; and such meters and fittings shall 1~ctel:5 not liable to not be subject to distress for rent of the premises where the same may dIstraint fyr rent, &0 be useq, nor to be taken in execution under any process or proceeding of a Court of law or equity or in bankruptcy against the person in whose possession the same may be. 17. The Clerk, Engineer, or other officer duly appointed for the Company may enter buildings for ascer purpose by the Company, may at all reasonable times enter any taining qnantity of building or place lighted with gas supplied by the Company, in order gas consumed. to inspect the meters, fittings, and works for regulating the supply of gas, and for the purpose of ascertaining the quantity of gas consumed or supplied; and if any person hinder such officer as aforesaid from entering and making such inspection as aforesaid at any reasonable time, he shall for every such offence forfeit to the Company a sum not exceeding five pounds. 18. If any person supplied with gas neglect to pay the rent due Recoveryofrcntaduo for the same to the Company, the Company may stop the gas from for gas. entering the premises of such person hy cutting off the service-pipe, or by such means as the Company shall think fit, and recovel' the rent due from such person, togethel' with the expense of cutting off the gas and the costs of recovering the rent, by action in any Court of law of competent juriseliction. 19. In all cases in which the Company are authorized to cut off Power to tako away and take away the supl}ly of gas from any house building or premises pipC3, &c., wh?u - - 1 '" Bupply of ga. 13 under the provisions of the Act, the Company, their agents or work- discontinued: men, after giving forty-eight hours' previous notice in writing to the occupier, or if no occupier, then after lea.ving such notice on any portion of the premises, may cnter into any such house, building, or premises between the hours of nine in the forenoon anel four ill the afternoon, and remove and carry away any pipe, meter, fittings, or other works the property of the Company. 20. Notice to the Company froUl a consumer for the discon- Co~suUler to gi\'"o tinuance of a supply of aas shall not be of any effect unless it be in ~otlC~ ~o Company • • b • < •• III lVrttmg when he wrIting, and be left at the registered office for the time bemg of the intends discontinuing Company, or at the office of the Company's :Afanager at the Qompany's to uso ga~. works at Wanganui. No. XLV. 4-i 0 VICTORI'&:. 72 ) _ LOCA.L. Wanganui Gas Company. Penalty for fraudu 21. Every person who shall lay or cause to be laid any pipe to lently using gas. communicate with any pipe belonging to the Company without their consent, or shall fraudulently injure any such meter as aforesaid, or who, in case the gas supplied by the Company is not ascertained by meter, shall use any burner other than such as has been provided or approved of by the Company, or of larger dimensions than he has contracted or'agreed to pay for, or shall keep the lights burning for a longer time than he has contracted or agreed to pay for, or who shall otherwise improperly use or burn such gas, or shall supply any other p~rson with any part of the gas supplied to him by the Com pany, shall forfeit to the Company the sum of five pounds for every such offence, and also the sum of forty shillings for every day such pipe shall so remain, or such works or burner shall be so used, or such excess be so committed or continued, or such supply furnished, and the Company may take off the gas from the house and premises of the person so offending, notwithstanding any contract or agreement which may have been previously entered into. Notice to be given to 22. Before any person, connects or disconnects _any meter through the Company before meter connected or which any of the gas of the Company is intended to be or has been disconnected, under registered, he shall give not less than twenty-four hours' notice in a penalty of five pounds. writing to the Company of his intention to do so, and any person offending against this enactment shall for every such offence be liable to a penalty not exceeding five pounds. Ifconsumerleaves 23. When any consumer leaves the premises where gas has :r:i~!s~~~~!I:~'1Jom. been supplied to him withont paying to the Company the gas rent - ~ny, next tenant due from him, the CompaIl1."8hall be entitled to require from the next ~ableforamou?tdue tenant payment of the arrears accruinO' since the meter shall have If he use gas Without b • first giving notice. been last taken by the Company and left unpaId by the former tenant, if such next tenant shall consume any.gas of the Company without having first given to the Company twenty-four hours' notice of pis intention to do so; and if such notice shall be given, such incoming tenant shall not be liable for such arrears as aforesaid. Penalty for wilfully 24. Every person who shall wilfully disconnect, remove, destroy, damaging pipes. or damage any pipe, pillar, plug, post, lamp, or other work of the Company for supplying gas, or who shall wilfully extinguish any of ) the public lamps or lights, or waste or improperly use any of the gas supplied by the Company, shall for each such offence forfeit to the Company any sum not exceeding five pounds, in addition to the amount of the damage done. Salisfaction for ned· 25. Every person who shall carelessly or accidentally break, throw ~f;::lly damaging down, or damage, any pipe, pillar, or lamp belonging to the Company, or under their control, shall pay such sum of money by way of satis faction to the Company for the damage done, not exceeding ten pounds, as wo Justices shall think reasonable. Penally on Company 26.! the Company shall at any time cause or suffer to be ,': ;I~~~~.water to br ught --to flow into any public river, stream, reservoir, well, pond, or p ace for water, or into any public drain communicating there"with, any washing or other substance produced in making or supplying gas, or shall do any act connected with the making or supplying of gas whereby the water in any such stream, river, reservoir, well, pond, or place for .water shall be fouled, the Company shall forfeit to the 1Vanganui Borough Council, or to any person or corporate body having the ownership or control of the waters into which such washing or other substance shall be brought or flow, or which shall be so fouled as aforesaid, for every such offence a sum not exceeding two hundred pounds, to be recoverable with full costs of suit in any Court of com petent jurisdiction, and to be assessed on the printiple of covering the reasonable expense of restoring and making free from pollution the 4-10 VICTORllE. No. XLV. Wanganui Gas Company. Loc:A.L. river, stream, reservoir, well, pond, or place for water or drain into which such washing or other substance shall be brought or flow, or which shall be fouled as aforesaid; but such penalty shall not be recoverable unless it be sued for during the continuance of the offence or "~.'n six months after it shall have ceased. . 2 . In addition to any sum which may be recovered as aforesaid, Dail! penalty during and· ether any sum shall have been recovered or not, the Company co;tmuance of shall forfeit th~ sum of ten pounds, to be recoverable with costs in ° ence. any Court of competent jurisdiction, for each day during which such washing or other substance shall be brought or flow as aforesaid, or the act by which such water shall be fouled shall continue, after the expira- tion of forty-eight hours from the time when notice of the offence shall have been served on the Company by any person or corporate body having the ownership or control of the water aforesaid, or being the owner of the banks along which such river or stream as last aforesaid shal~W. 2·8 It shall be lawful for the Surveyor of, or any other person Power to Wang.anui acting YOI' under the authority of the Wan!!anui BorouO'h Council Borough penalties for delay or any nonfeasance or misfeasance therein, as are hereinbefore provided with respect to roads and pavements broken ul! by the Company. Expenses to abide reo 32. If upon any such examination it appears that such water .ult of examination. l' t h as b een.LO ule d b y any gas b e 1ongmg . 0 t 11e C ompany, tlle expenses of the digging, examination, fencing, ~uarding,. lighting, and rein~tating of the road, pavement, or place dlsturbed m any such exammation shall be paid by the Company; but if upon such examination it do not so appear, the person causing the examination to be made shall pay all such expenses, and shall also make good to the Com pany any injury which may be occasioned to the works by such examination. How expenses to be 33. The amouut of the expenses of such digging, examination, ascertained. fencing, guarding, lighting, and reinstatement, and of any injury done to the Company, shall, in case of any dispute about the same, together with the costs of ascertaining and recoverjng the same, be ascertained and recovered in the same manner as damages for the ascertainino- and recovery whereof no special provision is made are to be ascert~ined and recovered. Nothing to exempt 34. Nothing contained in this Act shall prevent the Company gd%f:;~::~m being from being liable to an indictment for nuisance, or to any action or nuisance. other legal proceeding to which, but for this Act, they would be liable in respect of any nuisance committed by them. Company may make 35. The Company may make by-laws and regulations for the. by-Iaw8 and regula- tioru. management of the Companv. and its concerns: Provided the same shall not be repugnant to this Act, or to "'The ~1unicipal Corpora- tions Act, 1876," or to any hy-lawor regulation which may now or shall hereafter be made thereunder, or to any Road Board or County Council Act of the General Assembly, or to any by-law or regulation which may now or shall hereafter be made thereunder respectively, and may impose any penalty not exceeding the sum of five pounds for the breach of any by-law or regulation of the Comll~ny. Publication of The Company shall publish the short particulars of the several penalties. 36. offences for whieh any penalty is imposed by this Act or by any by- law of the Company, affecting other persons than. the shareholders, officers, or servants of the Company, and of the amount of every such penalty, and shall cause such particulars to be painted on a board to he hung up or affixed on some conspicuous part of the principal place of business of the Company, and when any such penalties arc of local application shall cause such board to be fixed in some conspicuous place in the immediate neighbourhood to which such penalties are applicable or have reference; and the Company shall renew such particulars as often as the same or any part thereof arc obliterated or destroyed, and no such penalty shall be recoverable unless such particulars shall have been published and kept published in the manner c hereinbefore required. Penalties fordefncing 37. If any person pull down or injure any hoard put up or ~t~::t1~~.for such affixed as required by this Act. for the purpose of publishin$' any by-law or penalty, or shall oblIterate any of the lctters or iIgures thereon, he shall forfeit for every such offence a sum not exceeding" {lve pounds, and shall defray the expenses attending the restoration of such board. Penalties, &c., holY 38. All fines, penalties, forfeitnres, or sn111S of l110lWY which, to be recovered. under or by virtue of this Act or auy by-law 01' regulation of tho Company, arc or shall be au~horized or directed to be imposed 011 any person, shall and may be recovered in a summary way hefore 3l~Y tW Justices of the Peace, in the manner provided by "1'l1e J lIstwcs 0 f the Peace Act, 18GG," so far as the same relates to summary con- :1 0 4 1 VICTORI.iE. No. XLV. 75 TfTanganui Gas Company. LOCAL. victions, or by any Act repealing or amending the same, or for the like purposes. 39. No person shall be liable to the payment of any penalty or Pena~tie~ to.be BUed forfeiture imposed by or by virtue of this Act, or by any by-law made for wlthm SIX in pursuance t h creof,' un1 ess th e comp Iamts . respectmg . the offence months. shall have been made beforo a Resident Magistrate or two Justices of the Peace within six months after the commission thereof. 40. If through any act, neglect, or default on account whereof Damn:ges to.b.e made any person shall havc recovered. any penalty imposed bv this Act or good m additIOn to '. _ ,w 'penalty. by virtue of any by... law nmde III pursuance thereof, any damage to the property of the Company shall have been committed by such person, he shall be liable to makc good such damage, as well as to pay such penalty. 'rhe amount of such damage shall in case of dispute be determined by the Resident Magistrate or two Justices of the Peace by whom the party incurring such penalty shall have been convicted, and shall be leviable by distress and sale as in the case of a judgment by a Hesident Magistrate. 41. Any conviction for any offence under this Act may be drawn Form of conviction. as in the form in the Schedule to this Act annexed. 42. No proceeding under this Act shall be quashed or vacated Conviction not to be for want of form. . quashed for want of 43. Every person who upon any examination upon oath under ;;:Ons giving fll.lS6 the provisions of this Act shall wilfully and corruptly give false eri~ence guilty of evidence shall be liable to the penalties of wilful and corrupt perjury. perjury. 44. The Company shall at all times after the expiration of six Copy of .Act to be months from the passing of this Act, or of any future Act amendil1g kt'p.t by Company in · 1 . tl' . tl C k' theIr office, and Qr repea1 mg t 1e same 01' 0 1ennse empowermg lC ompany, eep In d~p?sited with the their principal office of business a coPY of this Act and of such future sReglstrar ofth6 . h' f • - npreme cour t rlor Act prmted under the aut ority 0 the Government of :N ew Zealand, ~ellington District, and shall also within the space aforesaid deposit in the office of the In office of Clerk to .' . , • • Bench for Borou<7h RegIstrar of the Supreme Court of New Zealanclm the Wellmgton ofWanganui,andin office of TaWil Clerk District thereof, and in the office of the Clerk of• the Bench of the for Borough of Resident Magistrate for the Borough of Wanganm in the said district, Wanganui. and in the office of the 'fown Clerk of the Wanganui Borough Council, a copy of this Act and of such future Act so printed as aforesaid; and the said Company, Registrar, Cle!'k to the Bench, and 'rown Clerk respectively, shall keep the said copies, and shall permit all persons interested to inspect the same, and shall furnish copies thereof or extracts therefrom at all reasonable hours in the day upon payments of one shilling for every such inspection, and sixpence per folio for every folio of seventy-two words thereof copied or extracted. 45. In case the Company shall fail to keep any copy of this Penalty on failuro Act, Oi' shall not permit any person interested to inspect the same, or to kheep ~r deposit '1 f . I . I f h f auc copies. shall fill to urms 1 copIes t 1e1'eo or extracts t ere rom at a,ny reasonable hour of the day upon such payment as aforesaid, the Cumpany shall for every such offence forfeit and pay the sum of five pounds, to be recovered with costs in a summary way by such person interested. 46. The profits of the undertaking to be divided amongst the ~tcahle.rednction shareholders shall not exceed twenbr pounds per centum per annum In) the prlnee of gasd J w .ell pro t a excee on the paid-up capitaJ of the Company, unless a larger dividend be at twenty per cent. any time necessary to make up thc deficiency of any previous dividend which shall have fallen short of the said "earlv mte; and if it shall appear that the profits of the Company ~re s~cient to pay a larger dividend than that above specified, then the Company shall make a rateable reduction in the price of gas to be furnished by them, so that such rates, when reduced, shall insure to the shareholders~"'a profit as near as may be to the prcscribed rate. No. XLVI. 4- I 0 VICTORlJE. A.D. 1877. ~oa.Ai. Hokitika Gas Company. Terms of agreement 47. And whereas the Company was formed in accordance with to be embodied in deed and irrevocable, certain articles of agreement, dated the fourteenth day of November, except with consent one thousand eight hundred and seventy-six, made between Freeman of Governor. Rayney Jackson, Julius Decimus Tripe, John Paton Watt, George Howe, and Andrew Todd, of the one part, and Mayor; Councillors, and Burgesses of the Borough of Wanganui, of the other part, whereby, among other things, it was provided that the Wanganui Borough Council might purchase the gasworks when erected by the parties thereto of the first part or by the Company; and it is expedient that the said agreement should be irrevocable by either of the parties thereto: Be it eriacted- The terms comprised in the said articles of agreement of the four teenth day of November, one thousand eight hundred and seventy-six, shall, within three months after the passing of this Act, be embodied in a deed to be made between the Mayor, Councillors, and Burgesses of the Borough of Wanganui, of the one part, and the Company of the other part, and it shall not be lawful for either party to the said deed to rescind, vary, or alter the terms therein contained, either before or after the execution of the said deed, except with the consent of the Governor in Council on the joint application of both parties. Schedule. SCHEDULE. PROVINCU.L DISTRICT OF WELLINGTON,} NEW ZEALAND, TO WIT. BE it remembered that, on the day of ,in the year of our Lord one thousand eight hundred and , is convicted before me, a Resident Magis- trate [or before us, two Justices of the Peace for the Colony of New Zealand], for that [Here describe qffence generally, and the place and time when and where committed], con trary to "The Wanganui Gas Company's Act, 1877." Given under my [ our] hand and seal [hands and seals] the day and year first above written. Resident Magistrate [or Justices of the Peace]. No. XLVI. HOKITIKA GAS AN ACT to authorize the Hokitika Gas Company COMPAh'Y. (Limited) to break up Streets and Bridges, and to lay down and place Pipes, Conduits, and Service-pipes, and to make and construct other \\lorks for supplying the Town of Hokitika and its Vicinity with Gas. [20th November, 1877.J Prea.mble. HEREAS a joint-stock company has been incorporated under W the provisions of "'rhe Joint-Stock Companies Act; 1860," and the Joint-Stock Companies Act Amendment Acts, by the name of "1'he Hokitika Gas Company (Limited)," having for its object the production of gas and the supply thereof within the 'fown of Hokitika and its vicinity: And whereas it is expedient that provisions should be made authorizing the said Company to break up streets and bridges in and through the 'rown of Hokitika and its vicinity, and to lay dow~ and place pipes, conduits, and service-pipes, and to make and construct 7J A.D. 1877. 410 VICTORllE. No. XXIX. \. Wan[ja1tu'i Harbour EndowmeJlt and Borrowing. LOCAL. No. XXIX. AN ACT to vest certain Lands in the Wanganui Harbour 'VA~(H!'UI HARDOUR ENDOW· and River Conservators Board, and to elnpower MENTAND BORROWING. such Board to borrow Money. [2otA lVo:uembeJ", 1877.J E IT ENACTED by the General Assembly of New Zealand in B Parliament assembled, and by the authority of the same, as follows :- 1. The Short Title of this Act shall be "The W anganui Harbour Short Title. Endowment and Borrowing Act, 1877." 2. In the construction of this Act the following expressions shall Construction. have the meanings hereby assigned to them, that is to say,- "The :Board" means" The Wanganui Harbour and l{,ivel' Conservators Board" constituted under "The Wanganui Harbour and River Conservators Board Act, 1876." "The said Act;' means the Act last mentioned; and this Act shall be deemed and taken to be part of the said Act, and shall be read and construed therewith. 3. The block or blocks of waste lands of the Crown in the Pro· Land. in First vincial District of WellinO'ton described in the First Schedule hereto Schedule set apart as '. b' , an endowUlent ror are hereby set aSIde a."I an endowment for the Board for the purposes of the Board. the said Act. 4. The Waste Lands Board may from time to time sell or other· Waste Lands Board wise deal with and dispose of such lands in like manner as other waste may sell or dispose of .. di' b ld d It . h th . . d such land, and pay 1an ds Within the StrICt may e so , ea WIt, or 0 ermse dIspose proceeds to Harbour -0 - -of, and:- the Receiver of Land Revenue shall, after deducting the costs Fund. of survey onmch land, pay the same into the Harbour Fund. 5. The Board may from time to' time pledge or otherwise give Pro~eeu. of such sale security over the proceeds and .'profits of such land in such manner as pledged.or disposal may bo the Board shall think fit; and, III the event of the Board so doing, such proceeds and profits shall be paid by the Receiver of Land Revenue to such trustees or other persons as may be agreed upon by the Board and the holder of the security. _ 6. For the purpose of carrying out ancI constructing all or any of Power to borrow the works contained in the thirty.sixth , thirty-seventh, and thirty. £lOO,OOOforpurposesof harbour works. eighth sections of the said Act, the Board may borrow and raise any sum or sums of money not exceeding one hundred thousand pOlmds. Borrowing Powers. 7. In order to raise money for the purpose of constructing all or Board authorized to any of the said works , it shall be lawful for the Board to issue deben. raise.special monoy works. for tures under the common seal of the Board to the extent of one hlmdred' thousand pounds, and no more. 8. Every debenture issued under this Act shall be in the form Amount and form in th.e Second Schedule, or to the effect thereof, and s!J.all be num. of debentures. bered consecutively so that no two debentures shall at any time bear the same number, and shall be for the sum of not less than twenty or more than one thousand pounds. 9. Every debentur~ shall be repayable, both as to principal Wlu,re payable. and interest, at a place within or without the colony named in the debentures, and at a time named therein, not longer than fifty years from the issue thereof; and shall state on the face thereof the funds upon which the principal and interest are secured. 6 No. XXIX. 4 I 0 VI eTO RI£. A.D. 187'7. LOCAL. lVangct1tui Harbolw Endowment and Borrowing. Interest payable. 10. The interest on every debenture shall not exceed ~even per centum on the amount thereof, and shall be payable half-yearly or otherwise, and separate coupons for each sum so payable, in the form in the Third Schedule, or to the effect thereof, and numbered consecutively for each debenture, shall be attached thereto. No such debenture shall be sold at such a price as to produce to the purchaser an interest of more than seven per centum . on the price paid. Debentures and II. Debentures and coupons respectively shall be transferal)le coupons transferable by delivery; and payment to any person in possession of any such by delivery. debenture or coupon of the sum named therein shall discharge the corporation of all liability in rcspect of such debenture or coupon. Power to appoint 12. The Board may ap.P9int any joint stock company, or any agents Cor raising loans; two or more persons, withih or withollt the colony, to be agents for raising and managing any loa~ a~thorized to be raised under this Act, and such agents shall have full power to raise such loans by bonds, debentures, or otherwise, in such manner, at such times, in such parts, and upon such terms and conditions as the Board shall direct; and to give and grant any necessary discharge or acquittance for the moneys raised under any such loan, or otherwise to dispose of moneys as the Board shall prescribe. ·All such bonds and debentures shall be signed by the Chairman and countersigned by the Treasurer, or shall be signed by the agents, if any, for raising the loan. Pendirig raising loan, 13. Pending the raising of any moneys hereby authorized to ~;~~~~~:~e~.ay be be raised, such agents may borrow any sum or sums of money not exceeding the whole amount authorized to be borrowed, by the hypothecation or mortgage of any debentures hereby authorized to be issued; but all moneys so bOlTowed shall be a first charge upon and shall be repaid out of the loan when raised. lIolders of deben 14. No claim of any holder of debentures issued under this Act tures not to have any claim on publio shall attach to or be paid out of the public#revenues of New Zealand re\"enues. or by the General Government thereof. Principal and interest 15. All such debentures and the interest payable thereon shall secured by deben-· be a first charg-e upon all moneys I.· n the Harbour Fund, excepting tures to be first ~ charae on Harbour moneys theretofore pledged as security for any loans or appropriated FUll . to any speeial purpose. Proceeds of sale of 16. In addition to any security hereby authorized, the Board ellnowments may be pledged. may from time to time pledge or otherwise give security over the proceeds and profits of waste lands set aside as endowments as herein- before provided, in such manner as the Board shall think fit; and, in the event of the Board so doing, such proceeds and profits shall be paid by the Receiver of Land Revenue to such trustees or other persons as may be agreed upon between the Board and the holder Of the security. Repayment of Loans. Pro\"isioll for sinking 17. For the purpose of providing a sinking fund for the liquida fund. tion of the principal sum raised by any loan, the Board shall in every year set aside out of the Harbour Fund a sum equal to one pound per centum on the amount of all unredeemed bonds, debentures, and other securities issued or given under this Act previous to the then current year, and shall pay the said sum to the Commissioners hereinafter named. Provioion for the 18. The Board shall appoint, and may from time to time remove nppointment of Sinking Fund and reappoint, Oommissioners, within or out of the colony, to whom all Commissioners. moneys set apart as a sinking fund as aforesaid shall be paid; and it shall be the duty of the said CommissiQIlers from time to time to invest all moneys so paid to them, and all accumulations of interest A.D. 1877' 4-10 VICTORllE. No. XXIX. 43 Wang(mui Hat'bow' Endowment and Em'rowing. LOCAL. and profits arising therefrom, in the purchase of bonds, bills, or deben tures issued by the Government of New Zealand, or hy the Govern ment of any part of the British dominions, or of bonds or debentures issued under this Act. 19. The Board may make provision whereby the whole of any Board lUay make loan shall be repayable at a stated period, or any parts thereof at prorision tforr 1 . d repaymen 0 oan. stated perlO s. 20. Such Commissioners shall send to the Board, at such time Commissioners to as the Board directs accounts of all moneys and all securities in their furnish ~ccou~ts of . , moneys III then' hands, and shall also annually send to the Board a balance-sheet hands. showing all transactions in respect of such moneys or securities during the last year. 21. Such Commissioners shall, together with such balance-sheet, Commissioners also send to the Board a certificate, under the hand of one of the Commis- to send certificat~ of sectlrities. sioners of Audit or such person as they shall appoint for the purpose, of all securities held by the Commissioners. The Commissioners to be appointed as hereinbefore provided may be interpreted to mean the Public Trustee, or may include any joint stock company within or out of the colony as one of such Commis sioners, 22. When the principal of any loan, or any part thereof, becomes Accumulated sinking ayable the accumulated sinking fund provided for repaying the fund to be applied in P , " payment of loan. same shall be applIed III the payment thereof. 23. When the principal of any loan, or any part thereof, becomes Board mayre·borrow payable, it shall be lawful for the Board to re-borrow moneys, under u.nder c~rtain the provisions of this Act, for the purpdse of paying so much of the Clrcums ancea. said principal moneys as is not provided for by any accumulated sinking fund held by the said Commissioners for the payment thereof. 24. Notwithstanding anything contained in any Act relating to Building 0'; ~ther building friendly or other benefit societies in New Zealand or in the ~enefit. sOClehes may " . 'lllvest III debentures rules of such societies, to the contrary, it shall be lawful for any such under this Act. society, or the governing body thereof, to invest in any debentures to be issued under the provisions of this Act any accumulated funds which, under the provisions of any Act relating to building, friendly, or other benefit societies, may be invested in real or Government securities. Remedies of Debenture-holde1's. 25. If any person holding a debenture issued under this Act ~roceeding in default shall tender the same for payment of the principal thereby secured In payment of deben· ture·holders or at the place at which such principal is payable, at the time when such coupons. principal is payable, or at any time thereafter, and such principal shall not be paid in full; or if any person holding a coupon for: payment of interest, or any debenture issued under this Act, shall tender the same for paYlllent.at the place at which such interest is payable, and at the time when such interest is payable, or at any t.ime thereafter, and such interest shall not be paid in full, such person may apply for relief under this Act, by petition in a summary way, to the Judge of the Supreme Court of New Zealand to ,,,hom the judicial district comprising the harbour has been assigned. 26. 'fhe Judge, upon being satisfied of the truth of the matters alleged in such petition, may order that the whole or part of the lands vested.in the Board be sold in such manner and at such time or times Judge mny direct as such J udo-e shall direct, and that the proceeds of sale thereof shall be property of Board · d <> to be sold. app1 Ie - . (1.) In payment of the expenses of such applicatjon and order, and of the proceedings thereon~ and the sale in pursuance thereof; . 7 /( 44 No. XIXX. 41 c VICTORlJE. LOCAL. Wanga'itUi Ha1'lJow' Bndowment and Borrowing. (2.) Next, in payment of the principal moneys secured by the said debentures with interest thereon respectively at the rate aforesaid, until all such principal moneys shall hav~ been paid: (3.) And the residue (if any) shall be paid ~o the Board. Also may nppoint 27. The Judge may from time to time appoint a Receiver of the Receiver. rents and profits arising from the land vested from time to time in the Board, and of all moneys, dues, and rates chargeable or receivable by the Board under the authority of this Act; or he may from time to time appoint a Receiver of all or any of the rents and profits arising from' the land, or of the dues and rates, without directing a sale, and may direct that such Receiver shall be paid thereout such remuneration as to the said Judge shall seem fit. Unpaid principal and 28. The principal moneys secured by every debenture issued interest to be debt of Board. under this Act shall, when the same shall become payable, be a debt of the Board to the holder/or the time being of such debenture; and the interest secured by every such debenture shall, when the same becomes payable, be a debt of the Board to the hold.er for the time being of the coupon for such interest; and every sum of money owing by the Board under this provision shall be recoverable by action against the Board. Schedules. SCHEDULES. FIRST SCHEDUL~. ALL that parcel of land in the Manawatu District, estimated to contain 25,000 acres, more or less. Bonnded towards the North-east by a line bearing 1220 45' magnetic betweell the Orona and Pohangina Ri\'ers; towards the East by the Pohangina River; towards the Sonth-west by the boundary line of the Manchester Block between the Oroua and Pohangina Rivers, bearing 1220 45'; and towards the West and North-west by the Oroua RiYer. SECOND SCHEDULE. HARBOUR ROARD LOAN OF W ANGANUI. Number , £ . Debenture for £ Payable at , on Issued by the Harbonr Board of Wanganni, New Zealand, under an Act of the General Assembly of New Zealand intituled "The W anganui Harbour Endowment and Borrowing Act, 1877." Secured on [State on what secured]. N.B.-The holder of this Debenture has no claim in respect thereof on the Public Revenues of Xew Zealand, or on the General Government thereof. 01<" presentation of this Debenture at , on or after the day of 18, the bearer hereof will be entitled to receive £ . Interest on this Debenture will cease after the day when the payment falls due, unless default is made in payment. Issued under the Seal of the Board, the day of 18. (Sigued) Chairman of the Board. (Countersigned) Treasnrer of the Board. THIRD SCHEDULE. COUPOX. Debenture No. , of the Harbour Board of Wangll.nui, New Zealand, issued under "The \Vanganui Harbour Endowment and Borrowing A<:t, 1877." Secured on [State on wlwt secured). ON presentation of this Coupon nt , on and after the day of 18 , the bearer hereof will be entitled to receive £ (Signed) Chairman of the Board. (Countersigned) Treasurer of the Board. \ A.D. ,879. 43 0 VICTORllE. No. XVII. Falmel'ston :V,Tm·tll, Rese'i·ves. LOCAL. SCHEDULE. Schedul('. ..ALL that piece or parcel ot land in the Proyiucial District of Wellington, containing 3 acres 1 rood, more or less, being Allotment No. 1 of Section No. 1(;7 on the plan of the Township of Palrnerston North. Bounded towards the North.west by Allotment ::\-0. 2 of the said sectiou, ;;00 links; towards the North·east by Suburban Section :K o. 16S on the said plan, 650 links; towards the South.east by the Greai Northern Road, 500 links; and towal"d~ the South-west by Terrace Strcet,650 links: h<' all the afore~aid linkage~ more or lel'~; as the same ill delineated on the plan dl'pooited in the Sllrlt>y Offiep. WellingtOlI. ) A ./ . I,-r No. XVUI. AN ACT to authorize the Wanganui Harbour and WAl'GA!-.171 BRIDGE River Conservators Board to borrow Money for DEBENTURES. the Redemption of Debentures issued under « The Wanganui Bridge and Wharf Act, 1872." [I9t1z December, 1879.J HEREAS, under the provisions of "The W anganui Bridge Preamble. W and 'Wharf Act, 1872," the Corporation of the Borough of Wanganui raised by debentures the sum of twenty thousand pounds for completing the purchase of the aforesaid bridge and wlmrf, which debentures are now immediately payable: And whereas under the eighteenth section of "The Wanganui Harbour and River Conservators Board Act, 1876," all claims, debts, and liabilities in connection with the ~foresaid bridge anci wharf, or in respect of any debentures or coupons ~sued under the Act hereinbefore first mentioned, were transferred from the Corporation above named to the Board constituted under the Act he~einabove secondly mentioned: And whereas the sum borrowed aJ aforesaid is a liability owing by the above-mentioned Board, but is n~t a loan within the meaning of "'fhe Harbours Act, 1878," and the p'owers of the Act last-named relating to the reborrowing of money fo~ the purpose of paying the principal muneys of any loan when paya;~le do not apply; and it is expedient that the said powers should be eclared to apply in respect of the aforesaid loan of twent.y thousaml p unds: BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and hy ~he authority of the same, as follows :- ~ 1. The Short Title of this Act is "The ~;"anganui Bridge Dehen- Short Title. tures Act, 1879." ~ 2. In this Act, if not inconsistent with the context,- Interpretation. " Board" means "the Wanganui Hdrbour and River Con servators Board" constituted Ub-der " 1.'he Wanganui Harbom' aird River Conservators Ioard Act, 1876," and " The Harbours Act, 1878." 3. The sum of twenty thousand pounds bor 'owed as herein recitecl Board Ulay reborrow shall he deemed to be a loan within the mean~' 00' of "The IIarllOurs money in payment of debenture,. Act., 1878," in respect of which the provisions 0 ~he two Imndred and sevent.h sf'ction of the Act lust-named shall and I ay be applied. 4. 'fhc principal and interest secured by t e debentures issued '-'~I\'lonll secured 011 hy authority of this Act., and the payments to SinkinO" Fund in hbrldgc u1nd1tolls toO • . ... I \. 0 ave on y t Irec yeurs relation to the saId prmClpal, sha 1 be a first chargt on the Wanganui currencl. Bridge, and on the rents, tolls, and profits thereof. \ • No. XVIII. 43" VTCTORlJE. A.D. 1879. -. - ---~------~------.------~~--- LOCH•. Wang(t~ui Bridge Debentures. ------' Every such debenture~hall be payable, as to the principal sum thereby secured, at the ex:pi~ation 'of three years from the date thereof. Money borrowed to 5. The principal money\borrowed uncler this Act shall be repaid be repaicl out of by the Board out of the sum of one hundred thousand pounds £100,000 lonn. authorized to be borrowed by the Board under "The W anganui Harbour Endowment and BOl'~owing Act., 1877." Notwithstanding anything\ contained in the Act last named, the repayment of the principal mO'ney aforesaid shall be deemed to he within the purpose for which \the loan of one hundred thousand pounds afOl'{',,,iI! was aU::i:e(!~c_~C"C __ ,_. · \ No. XIX. MARLDORouorr A R ACT to proVide for the Union of certain River RIVER DISTRICT;; \ UNWX. Districts cOllstituted under "The Hawke's Bay and MarlborQugh\. RIvers Act, 1868.-"" th \, [19 December, 1879.J Preamble. HEREAS certain ~'iver districts were constitut.ed under "The W Hawke's Bav and~ Marlborough Rivers Act, 1868," in the Pro ~ vincial "District of ·:i\farIQorough : And whereas it is expedient that provision should be mad~ for the union of any two or more of such river districts to form one: district: BE IT THEREFORE E~ACTED by the General Assembly of New Zealand in Parliament as~embled, and by the authority of the same, as follows :- " Short Title. 1. The Short Title of 'F,his Act is " The l\farlborough River Dis- tricts Union Act, 1879." " Interpret,ation 2. 'Vhen under this A~t anything is recluired to be "published" or "publicly notified," or "public notice" of anything is to be given, it is meant that a notice ther~of shall be pnblished in some newspaper circulating in the district, 01',\ where there is no newspaper in genp.rnl circulation, then that printecl\ placards containing the notice sha] L Jw affixed to puhlic places in the district. Districts ma", be 3. '1'hc Governor in Council may, if he think fit, by Proclama united. - tion, declare any h,-o O~· more districts now or hereafter to be COIl stituted under "The Hawke's 13ay and Marlborough Rivers Ad, 18G8," within the Proyincial Di~trict of Marlborough, to he united and to form one district, nnder such name as he thinks fit, subject, how ~yel', to t.hc follo·\Yill~ conditions':- (1.) '1'hat a l;etition from each of the districts proposed to be nnited, signed hy not. less t.han one-t.hird of the district electors thereof, is presented to thc GonWI1Ol' praying him to unite sneh districts·; . (2.) That such l)etitiolls are Imblic1y notilied in snch distl'icts before hcing l))'esented to thc GOyer1101'; (:L) That no eoullter petition, sigucd hy not less than onc-tllinl of t.hc district electors of anyone of snch distrids, is pl'e sentcd to the Goyernor ,,·ithin two months nner the datI' of snch pnhlic notificati~n, praying 11im not to assent to the prayer of the first petition.... Signlltut"('S to pet ition 4. The signatures to any such\ petition shall be yerified by thc to 00 Terifif' 10. In each of the several subdistricts, the ratepayers aforesai(l of such Election of memb~rs ltricts respectively shall, for their several and respective subdistricts, on the of the Board. nrst Tuesday in January in the year of our Lord onc thousand eight hundred and eighty-three, and the first Tuesday in January in eyery succeeding third year, elect from thc ratepayers aforesaid of thc subdistrict one person to be a member of the Board. 11. Every memher of thc Board going out of office shall be re-eligible. Uembers of Board 12. Any casual vacancy occurring in the Board for any of the subdistricts re,eligible. Casual vacancies. shall be filled up by the Board by a duly-qualified person, but any person so chosen shall retain his office so long only as the vacating memher would have retained the same if no vacancy had occurred. 13. During any vacancy in the Board, the continuing members shall act as Vacancies not to if such vacancy had not occurred, and no act of the Board shall be invalid on affect proceedings. account of any such vacancy. 14. If a member of the Board is adjudgell bankrupt, or applies to take the Extraordinary benefit of any Act for the relief or protection of insolvent debtors, or compounds vacancie3. with his creditors, such person shall cease to l)e a member of the Board, and his office shall thcreupon become vacant. < ) 15. Any person .. who acts as a member of the Board without being duly Penalty for acting qualified, or after he ha<; become disqualified, shall incur a penalty not exceeding !u a member, being incapacitated. fifty pounds sterling, and in any proceeding for the recovery of such penalty the bmden of proving qualification shall be upon the person against whom such proceeding is taken. 16. All acts done by any meeting of the Board, of any committee of the Validify of pro ceedings not to be Board, or by any person acting as a member of the Board, shall, notwithstanding affected by in-egu it may be afterwards discovered that there was some defcct in the election or larities. pointment of any such Board or persons acting as aforesaid, 01' that they or __ 1y of them were or was disqualified, be as valid as if every such person had been duly elected or appointed and was qualified to be a member. 17. The Board shall have an office wherein to hold their nieetings and Conduct of bnsiness. transact business in some convenient place within their jurisdiction; and shall cause proper minutes to be taken and kept of the proceedings of each meeting. All books and accounts of the Board shall at all reasonable times be open to tIle inspection of any elector, or of any holder of the debentures of the Board, and any person refusing or obstructing any such inspection shall be liable to a penalty not exceeding fi,'e pounds. () 18. The Board shall hold its first meeting after election at a time and place Annunl election of 4ifo be fixed by the Mayor of the City of Christchurch; and at such first meeting, Chairman. and afterwards annually in the month of January in each year, the Board shall appoint one of thcir number to be Chairman of the Board for the year following such choice. 1880, No. 15.-Local., Ax ACT to authorize the Governor to cancel certain Grants from the Crown to WANGANUI HARBOUR AND Rrnm the Wanganui Harbour and River Conservators Board, and to issue other CONSERVATORS Grants ill lieu thereof,. and tu alter 4n<1 cxtend the Boundaries and Area of BOARD GRANT. a certain Piece of Land authorized to' be granted, but not yet grantecl, to the said '"anganui Harbour and River Conservators Boar(l. [28th August, 1880.] WHEREAS by the fifty-third section of f'The Wanganui Harbour and River Prerunhle. 'lservators Board Act, 1876" (hereinaf~er referrccl to as "the said Act"), it ,i 244 [1880, No. 16.] Jackson's Bay Settlement. [44 VIeT.] was enacted as follows, that is to II say : "The Governor, with' the advice a~ consent of the Executive Council of New Zealand, may, in the name and on behalf of Her ~fajesty, grant to the Board tIle several lots and parcels of land marked respectively with the letterslA, B, C, D, E, F, G, II, J, K, and L on the plan, and thereon coloured pink, an;, respectively containing the acreage specified, in the Schedule hereto :" And wh reas on the fifteenth day of Uav, one thou sand eight lmndrecl and seventy-e~ht, separate Crown grants wCl~e made and ,: executed to the Vir anganui HarboUli and River Conservators Board (hereinafter 'j referred to as « the Board") of the ~dlOlc of the lots and parcels of land markc 1880, No. 16.-Local. JAC'];:SON'S B.lY A::> ACT to ntlidate Proceedings heretofore had ill relation to the Special Settle~ j SI!ITLEliENT. ment at Jackson's Bay, ill the Proyineial District of 'Yestland, and to regulate ~ the future Admiuistration of the snid Settlcment. [30th AU!Just, 1880.] :t! Preamble. 'YHEREAS a Commissioll was issued In- the late Goycrnor, His Excellency the ,~ Marquis of Xormanby, for thc lmrpose 'of holding an inquiry into thc working 'c VICT'J Wanganui Bridge. [1883, No. 14. 343 ~\ew ~ealaIHl. ANALYSIS. Title. Borough and County respectively during Preamble. 21 years. Short Title. 7. Moneys so received to form part of the securities Repeals. for Ha.rbour Board loans. T- ":-u>retation. 8. Release of Harbour Fund from payment of <;~ulated si¥ing fund unexpended to be £17,000. paid to Harbour Board. . 9. Tolls ma.y be reimposed if Harbour Fund Wanganui Borough Council charged with insufficient for interest on loans. repair and maintenance of bridge free of 10. If tolls reimposed £17,000 to be refunded to toUs. Saving of rights of creditors. the Queen by Board. Annual contribution to be paid by Wanganui Schedule. 1883, No. 14.-Local. Ii ) £!T to provide for the Future Maintenance of the Bridge over Title. _the Wanganui River as a Free Bridge. [8th Septembe'r, 1883. fHEREAS under the provisions of "The Wanganui Bridge and Preamble. ~arf Act, 1872," debentmes were issued by the Mayor, Councillors, . d Burgesses of the Borough of Wanganui, herein referred to as the Corporation of Wap.ganui," for raising a sum of twenty thousand unds for the purchase of the bridge aforesaid, and provision was de for the creation of a sinking fund for the repayment of the said , and Trustees were appointed for administering the said fund; d;~e s~d Trustees, after .repaJ:1lent of three thousand pounds of e'ililIresald sum, have now ill theIr hands a sum of two hundred and . pounds seventeen shillings and sixpence, or thereabouts, of cumulated sinking fund, which it is expedient to release and appro .. 'ate in manner hereinafter set forth: And whereas lmder "The Wanganui Harbour and River Con~ ators Board Act, 1876," the said bridge, subject to all liabilities aching. thereto, was placed under the control of the Hru:bour Board nstituted under the said Act : And whereas under" The Wanganui Bridge Debentures Act, 79," the Board aforesaid issued debentures as security for the payment of an advance made to :the Board out of the Public Account a srim of seventeen thousand pounds, for the purpose of l'edeeming such debentures issued by the Corporation of Wanganui as afore 4 'd for the sum of twenty thousand pOlmds as then l'emained unpaid, d the said Act provided that the principal sum to be borrowed -( uder should be repaid by the Board out of other moneys tuorized to be borrowed as hereinafter mentioned: 344 1883, No. 14.] Wanganui Bridge. And whereas all the aforesaid debentmes have now been and the purchase-money for the said bridge has been fully paid, the aforesaid sum of seventeen thousand pounds has been repaid there yet remains unpaid in respect thereof a cmiain amou~t interest: And whereas it is expedient to release the Harbour Fund from liability in respect of any moneys from time to time bon-owed """~""'_ under the Acts hereinabove firstly and thirdly mentioned, ~~U'VUIJ hereinafter mentioned: And whereas" The W anganui Harbom Endowment and ing Act, 1877," authorized the Harbom Board to·bon-ow the one hundred thousand pounds: And whereas the said Act repealed by "The Harbours Act, 1878," but provision is there by section one hundred and eighty-seven that where, under any or Ordinance thereby repealed, power was given to borrow and money, such power should still continue and subsist, but should exercised in the manner provided by the said Act: And whereas Harbom Board has borrowed a part of the said sum of one thousand pounds, and may hereafter bon-ow the remainder U'-H'~O'JJ. And whereas in case of need it is expedient that the holders debentures issued or to be issued under the said Act should security on tolls to be levied on the said bridge by virtue of the 1'"\(\'nTO,_ hereinafter given: Attd whereas, in pursuance of the terms of an agreement enl:erE!Q into between the Wanganui Harbour and River Conservators l:5oltrdi. the Borough Council of the Borough of Wanganui, and the Council of the County of Wanganui, the bridge aforesaid has declared open for public traffic free of tolls, as from and after thirty-first day of March last past; and it is expedient to validate aforesaid agreement, and to make provision for th-e future llUU.·UlJC;U same has been paid accordingly, and it is just that the said sum "llU' .....~·_ be repaid if tolls l),Te reimposed on the said bridge: BE IT THEREFORE ENACTED by the General Assembly of New LJO,UW ]2 846 1883, No. 14.} Wanganui Bridge. ------on the same day to allow such vessel alone to pass except upon payment of the sum of ten shillings by master or person in charge of such vessel to the employed to open the bridge on behalf of the (5.) The Borough Council :tp.ay from time to time, under ordinary powers, make, alter, and repeal by-laws: regulating the pace of traffic over the said bridge otherwise for the protection of the same from injury.. by-laws and regulations in force at the passing of this relating to the matters hereinabove mentioned shall tinue in force until altered or repealed under this Act.'. 5e.ving of rights of Nothing herein contained shall be deemed to affect the . creditors. any holder of any debenture, or in any way to alter the security loan raised under the authority of law by the Wanganui Harbour River Conservators Board upon the security of the said bridge the rents, tolls, and profits thereof. Annua.lcontribution 6. As part compensation to the Harbour Board for the ~:g~! ~oroUgh revenue arising from the abolition of the bridge..,tolls, the C and County respec- of the Borough of Wanganui and the Corporation of the ;;~ ~urjng 21 Wanganui respectively shall each pay to the Board an annual tJ.-ibution of the sum of two hundred and thirty-six pounds six ULLLL..LlUj and eightpence, in two equal half-yearly instalments, to be on the thirtieth day of September and the thirty-first day of in every year; and tHe" first of such half-yearly instalments be due and payable on the thlliieth day of September in the year. In case the aforesaid Corporations, or either of them, shall or fail to pay any such instalment of contribution-money within days after the same shall have become payable, the Supreme may, at the instance of the Board, compel the payment thereof mandamus, and may, if necessru:y, make an order that the making default shall levy a special rate for the purpose of paymg instalment as aforesaid. The aforesaid contribution-moneys shall be payable by the mentioned Corporations during such time only as the said bridge l'emain a public bridge free of tolls, and shall be payable from time time when the said bridge is so maintained during a term of one years, to be computed from the thirty-first day of March! the year one thousand eight hundred and eighty-three, unless It otherwise mutually arranged between the Corporations aforesaid the Harbour Board. Moneys so received 7. All moneys received by the Board under t~le provisions of to form part of the last-precedinba section shall form part of ·the Harbour Fund, UU.'J.I~·-r; securities,Ior HM bour Board loans. to the provisions of (( The HarbolU's Act, 1878." Release of Harbour 8. The moneys borrowed by the Board under" The W Fund from payment Harbour Endowment and Borrowing" Act 1877 " and (( The ~~I·.""'n< f £17 000 v " t o ,. Act, 1878," are hereby released from the charge of the repaymen the sum of seventeen thousand pounds borrowed under " The W !lui Bridge Debentures Act, 1879," as hereinbefore recited. The aforesaid moneys may be applied by the Board in manner and for such plU1Joses as moneys forming part of the Har Fund may be applied. Wanganz.:i BTidge. [1883, No. 14. 347 9. If any person holding a debenture issued under" The Wanga- !olls may be re- d Harbour Endowment and Borrowing Act, 1877," and "The Ft!~::~~~~~ur arbours Act, 1878," shall apply for relief under sections two hundred for interest on loans. La eight, two hundl-ed and nine, two hundred and ten, and two wdTed and eleven of the Act last mentioned, and the lands, money, zes, and rates specified in the said sections are insufficient to satisfy ~e principal and interest due on the said debentures, any Judge of ie Supreme Court may, by order in or out of Court, from time to me cause to be placed toll-houses and toll-gates on the said bridge, lamay from time to time.fix the scale of tolls to be collected thereat, ~a may by any such order revoke or alter any :su~h scale. i; A Receiver, to be appointed as provided by "'The HarboUTs Act, 378," shall cause the sai~ tolls to be collected, and shall apply the !oney arising therefrom for the benefit of the debenture-holders, in ke manner as money received under the last-mentioned Act. t-:;j o. If at any time hereafter tolls shall be reimposed on the said If tolls reimposed ~d'lte as hereinbefore provided, the said sum of £17,000 so paid as :;:d(~\~t~~Q~een foresaid shall be repaid to Her Majesty, and the same shall be by Board. .~emed to be a debt due to Her Majesty by the said Board, and be ~coverable accordingly, and until paid shall bear interest at the rate :f five per centum per annum. r. Subject to the rights of debenture-holders under this Act, the raid principal sum of £17,000, and all sums payable for interest there p_ I': ball. be a first charge on the Wanganui Bridge, and on the rents, .'. Lnd profits thereof, until the same respectively are fully paid. SCHEDULE. Schedule. ACTS AND ORDu'iANCES REPEALED. Acts of the Assembly. 1872, No. 65.-"The Wanganui Bridge and Wharf Act, 1872." , }·~76, No. 86.-"The W~?ganui Harbour and ~iver Conservator.s Board ~ct, ::;J 1876. In part, namely, sections seventeen, elghteen, rune teen, thirty-t"o, thirty-three, and thirty-four. 1879, Local, No. 18.-" The Wanganui Bridge Debentures Act, 1879." Acts of the Province of Wellington. 1863, Sess. 10, No. 6.-" The Wanganui Bridge Act, 1863." 1865, Sess. 12, No. 6.-" The Wanganui Bridge Time Extension Act, 1865." WELLINGTON: Printed under authority of the New Zeala.nd Government, b, Q.£OBO£ DWSlln!l, Government Printer.-l~, 54 &; ;J;j YICT.l Wanganui Rirer Trust. [1891, Xo.19. 459 \ Xew Z€aland. I ANALYSIS. Title. ' 7. Occupiers w be liable for ra.tes. 1. Short Title. ; 8. Lands wiiliin distric; may be pla.eed under 2. Wanga.nui Rivcr Trust constituted. ' control of Trust. 3. Upper Wanga.uui River District COIl5titULCJ. !J. Lands of na.tuml scenery may be J~c\arcJ 4. Trust to be a Rn'cr Board "ith certain. publio domll,in subject to Trust. pcwers. ' 10. Lands outside of district may be brought 6. Trust ao improve navigation of upper river, I' , under jurisdiotion of Trust. &lid mal' OODaUnO~ jetties e.nd l&nding- 11. Act not to apply to Native or private lAnds. pJa.oes and.establisll ferries. 12. Go~or may m&ke regulations for adminis- 6. L&nds in Wa.unarino Block to be set apart lUI " tr&tlon of Act. an endowment for Trust. i· ~ , . ~ ...' ~.~!.~:: ":_~ : ~ ;~~ 1.-;;,;, ~ . .~<."' 1891 No 19 T ---I :, - .. . t. : :: -:{i:T.~~~~~\~~ t , • • .-.-' ..~~ :-~;'~' • : _ .AN ACT .fot.othetConservation of the Natti.ral Scenery of the Upper Title. Wate.rs W ".arid' of the Parliament' assembled, and by the authority of the same, as fol- ") lows:- 1. The Short Title of this Act is " The Wanganui River Trust Short Title. Act,1891." It shall come into operation on the :first day of January, one thousand eight hundred and ninety-two. 2. A Trust, to be called «The Wanganui River Trust," is hereby Wanganui River constituted con~i8ting of the persons following, for the time being:- Trust constituted. Th~,"·Ma.1mri9fthe Boronun,o(W~"m"m.n: :ai.::-~'''!4~Z·:Jc"/~,; ';:.' ~ " .. ,:co~_';"·~.. ,:- The'~Chiirrilian· for the time behllD>rtlle'W81ga)iui Chamber"" .' of Commerce; rl'he Chairmen of the Wanganui and Waitotara Counties re spectively ; The members of the House of Represe,ptatives respeotively re o' .. :: pr~1;L~ the eleotoral district ~t'4inwhioh the Borough .~ pfY.{ang~ilui is situate, and~~;.~~ilt Electoral Distriot ..'-?:~~.I~::·:s~1~!~~~~1~~ean~P~~r~~;~., One~on.to be from time to time appointed by the Governor, . W'llq~ 0 hold office fo.r ,two .. years from the date of his apMlh.~eii.t, and may be '-xeapPoirited, but shall be Bub- ,~ :.t~:4,~~o?j~~~J~~h; :::h,:y'~~'t)~lt~ru~~~O~~de:~ , tf,-.;;~-, .. .'or P1?RUJ:.'=i" mcapaoity " " to act. P .....' '\"'"" :,;>,.,."' : :.. '. ." " ," "- -" -,' J89J, N9.l9,J.,~, ,'.' ," rx~~g~~yi fii1:q _T~~,· ,,- " " .. [i?4 ~ 5{i. .vJor:~';, ~~'J>t ,',"=. :.;: __ , ..-.-.".~:;;;r- );';\,~ .'~~,,~: .. ~;;-:=, ~,:~::~~t:.~~~;;~';:-:~:-: -.--.::~~!.::::;~ Every official member of the Trust shall 'continne as member - thereof, notwithstanding :qis vJLCa~ing his office,." until his snccessor thereto comes lnto office. ;, -' :' . "(;F.', Upper WlUlglUlui R" D' to t 3 • A river district under "The River Boards Act, 1884" , is .",r'~~4'.;~~~;;_"~-::;.,"l".:t"~.;j~~'L'b~7',_~~1.:-.",{-;_"her~bv.,,9~I).~~ti~v.tAA:"J?Y.;'~l-t~h~, ' ~"X''S,t!.''''!i1''~\-~ " ~"ell'·';m~e~; ~",t ":""''-:''-~b'''';';!!'F< tl1~_",!J,JI~, 'li' ·~~Ci,~",,,,,,,.,,,,~Si:~ a,Il.]l.i"Jli~~l"~~ -,"--, .~:;-;·r:"": _.0, 'VllSW'.lOli, 'all'' llall'~.v,e ~" £8, ~'~ v'-' ave',' ,~en:> '" , ,_, ,IIUIIOU.,nn er ,'.>;" section six of the 'las&.me.ritioned·' Act,-'an{l sh'@.lf.Q~: the district over which the T~~.m.an:~ve ].~~di~tj0i4~~iif~oh':Aet:. ':' The boundarIes ,of the SaId dlstnct sp~ .. cOi'nprIse- All that area.' ~~ud.ed within, ~ .. tine' commencing at the point where the southern boundary of the Raorikia Native Reserve 'strikes the right bank of the Wanganui River, '.'" ,_and.~~;,,~ence acrOf)S the fjai4 i~y'e:r.-"m.a. direction. "., !<~t~~:-'S~~'-4(f·~toT1>Oml;" one 'mile ";ffum;'4tnij-raetf~lia'nk' of'.'1;nej,~!I;: said river, and continued from the aforesaid point parallel to and distant one mile from the said river to a. point four miles from the source of the said river, thence by a line due north to a point one mile from the right baIIk, and thence continued parallel to and one mile distant from the right bank of the said river to a line bearing N. 46° W. from Rao- rikia, and thence by the said line to the " ferred by sections eighty-eight to one hundred and ,,:~·ti!?!£·;;;~'k~\:. ~the -levying f)f rates and the borrowing. of moneys reSIOOI(}~JJ~e '~:'_:~~~'.::: --,., shall not ~exercisaDle by the Trust. Trust to iiripi-ove 5. Inaildition to the aforesaid' authorities, 'the TrUst shall have n.a.vigation of upper full power and authority~' rI\'er, and may con- stro<;t jetties IUld (1.) To do all things necessary for openi.ng up or improving the :~~t!?~:"rrie:.nd; navigation of that part of the W anganui River which is within their jurisdiction, and for the removal of all ob structions impeding or prewnting such navigation; and, (2.) ,\Yith tll(' sanction of the Go\'(~rnor in Council, to erect jetti('~ and make landing-places in the banks thereof, and to main tain ferries; and (3.) To make, alter, or reyoke froll! tillle to time regulations by special orders under "The l~iyer Boards Act, 1884," for regulating the use of such jetties, landing-places, or ferries respectively, and for imposing fees or tolls in respect of such use for shipping or landing any passengers, goods, merchandise, or animals_ (-1.) :Nothing in this section shall charge with any fees or tolls (a.) Any person ill the sen-ice of Her Majesty or the Government of the colony, trawlling on public sen'ice, or his luggage; . (b.) Goods of or for the service of Her :\Iajesty in the colony, in~ludillg goods consigned to and the property of _the Colonial Goyernment ; (c.) Any of Her :\Iajesty's military forces, or of the :\filitia or Yolnntecr forces, or any constahles while traY(·I r lin·b on tlut)" , or their ltl·"';!· any, .. said' sb Mer deducting costs of administration of the said lands, and also the aliquot parts of the price or rental payable to local authorities for road-making under the last-mentioned Act, the Receiver of Land --~tH~~4h~~~~-iIll~.'''¥~~M~~~ ,,~~j~~!~f~,:::~·C::t to the purposes of this Act. 7. Notwithstanding the setting apart of such lands as aforesaid, Oooupiers to be they shan be deemed to be lands vested in Her Majesty within the lia.ble for rates, meaning of "The Rating Act, 1882," but the lessee or licensee of any of ~e ~~ Trust for an estate in fee- ~:T:st, .~o~~~t~~~1~a~irl"\' !!~~~';~~;~\A .-', - _ . nerlOO not·ex~g.;twenty-one years, or - -." may out any of such into townships, for occupation on per- petual ; and may make reserves for any purpose of public utility In the said townships, which shall be subject to the general law re- lating to publio reserves. ' 9. The Governor also may from time to time, by Proclamation, Lands of natural tledare anY lands within tIl(' district under the jurisllietiol1 of the ~c"llll'rYIIll'l\l'IL" .., 4 • WELLINGTON: Printed under a.uthority of the New Zerua.nd Government, by GEOBGB DIDBBURY, Govemment Printer.-1891. .56 YICT.' TrtlJlgil/lui Rirer Tn/.~f Act IS.f)] l~~~. :\"0. 2(i . AmendllleJlt. '~ ) New Zealand, ANALYSIS. Title. 2. lti¥cr 'rrust may Ic\'y tolls on goods I\n,l mer, 1. Short Title. I chandise carried on river. 1892, No. 26.-Local. .AN AOT to amend" The Wanganui River Trust Act, 1891 " (herein- Title. '.' ~et~~M{',~ tpe said Ac.t;i}t'tj:.tci-:f\¥!4~\... [~t~, Q9tober, 18~2. BE IT' ENA.CTED by the Generhl ~~embly of New Zealand in Parliament assembled, and by the authority of the same, as follows :- : i;.{,. . _, .'_ ". . . . '. '. . -~.-~~~~~.~: tions two and three of sectIOn five of the said Act, the Trust have !.:1 ~!~:U~ power to impose, in the manner prescribed by the said Act, fees or carried on river. tolls in respect of all goods, merchandise, and animals carried or conveyed by steamer or by a barge, boat, or any other vessel towed by a steamer in any part of the Wanganui River within the boun- daries of th~ river district constituted by the said Act, and that notwithstanding the same may not be shipped or landed, or be ., ':' ;:- 'ilitend~~~ItIDded'j.a.~~,.N1¥:J9~~~.,.~... ~j,l)g:p'J~e ,:e~~~~ Of.. ~a,P.e by the Trost or otherWIse, and notWltnsfanding that no: Jetties or landing-places shall be available for shipping or landing any such goods, met:chandise, or animals. Nothing in this Act shall affect or interfere with the full and free navigation of t4e'sa.id river by the Natives in their canoes or boats, whether towed.,by 8te8me~ or otherwi~e:- .. Provided that. no canoe or boat, ~~g l]-asseng~rs .o~ go~ds fo~ hire towed by a ~teamer, shall be .~~lD. 1;0 , -tW~~ ~ sootjP.fui:;-;'i):'j),~~)'" ' "~' ~<;~'" ,~;.:, ; 29* TraJigalllli Harl)(,lll" Board Endo/£'- [lS!):2, Xo. 30. 459 lIldli ,')'alt:. \ I New Zealand. ANALYSIS. , 2. Board ma.y dispose o{ bale..nce of endowment Title. land on deferred payment by printecontract. Pr~amble 3 Provision (or roads in such lalld. 1. Short Title. I 4. EXception as to township lands. 1892, No. SO.-Local. AN ACT to authorise the Wanganui Harbour Board to make Special TiUe. Provision for the Disposal of the ~a#mce of their. Rural Endow- ment .L~. . .. [11th. October, 1892.' WHEREAS ~der the authority of "The W anganui Harbour Preamble. Endowment and Borrowing Act, 1877," an endowment of land was m~e ui . Harbour I' acres of more or less: And whereas a certain DllJ.a.U.-.la.JL.lll association called "The Pohangina Small-farm Association (No.2) " has offered to purchase the aforesaid rural lands at the rate of not less than thirty shillings per acre, by instalments extending over a period of ten years, with an undertaking to construct all necessary roads in or over the said lands: And whereas the Board are desirous of acceptm.~ .t?e.,~~d ?~er,- and legislation}s .necessary to give effect L to the af'qie~~~~~I!lents ::c~,>~j;~,::S,~~\;~t;~~>.,~:~,t;;,?,.,,~ .. ,; .~ " :..:,i~j;\,.;.~.~·. :.; BE IT THEREFORE ENACTED by the General Assembly of New' Zealand in Parliament assembled, and by the authority of the same, as follows :- 1. The Short Title of this Act is "The Wanganui Harbour Short Title. Board Endowment Sale Act, 1892." 2. NotWithstanding anything contained in "The Harbours Act, Board ma.y dispose 1878," or "The Land Act, 1885," the Wanganui Harbour Board of bole..nce of . . , 11 m'~-",-. f'" d th d l' .;...... 1 . - t. te +~~~ d endowment land on --,:-;ma.y. S~. '9~ ",' .~;,Q.~~',W,ler ~.. e~eL-+~p{Lnn~~}! S~ ,}Il cc;m~~ . d6f~ paymen~.. in "The Lan ?. ct; 1885," to the af6r~8aid~ Pohlt'rigina' Small-farfu' bypriva.te oontraot. Association (N 0; .~) all the rural land mentioned in the recitals to this Act, cqmprising six thousand nine hunch:ed and forty-three acres, more or less,' at such price, not less than thirty shillings per acre, to be paid in~~ents extending over not more than ten years, and may pe'-~~~~npon' betwe~n the Bo~: and the said assooiation; /. an~ for this purpose the SaId Harbour Board shall, in respeot of q;c 4 G~o. V.] Wanganui Harbour District and f1913, No. 18. 669 Empowering. 5. It shall be lawful for the Board, subject to the provisions of Power to construct the Harbours Act, 1908, and its amendments, to construct such works. harbour-works a.s the Board ma~ from time to t.ime consider /f/7 necessary or advIsable for the reqmrements of or for lmprovements X .. >7" in the Harbour of Wanganui, and also to erect and construct all such / cranes, sheds, and works for the improvements of the said harbour as are judged necessary by the Board for the safety, convenience, or reception of vessels resorting to the said harbour, and for the more convenient loading and unloading of such vessels, or for the safety and protection of any works constructed or proposed to be con- structed by the Board, and for providing proper access to and from such works, and for the purposes thereof to purchase or lease and open up quarries and work the same, and provide all necessary'. __ '" ~ /9')'.3 mea.ns for the conveyance of the output of such quarries to any par~~r\"'l\ ~-! nv' /~"~'. of the Harbour of Wanganui or lands adjacent thereto under the No~-.I Sf,lo"-.---.r>. .",(}ontrol of the Board. id 6. The Board shall have power to borrow, subject to the Power to borrow. provisions of the Harbours Act, 1908, and to the provisions of this V'fAD Act, in addition to any sum it is by any other Act in force ~.:::3 authorized to borrow, any sum not exceeding one hundred and fifty ~ 2- lat1:tthousand pounds, to be applied in or about the construction and ,', c.;: - " , " Lf2t£, - c£(lfcarrying-out of the works mentioned in section five of this Act, and -, ~~ ~ AC I "--..,,- also the costs and expenses of and incidental to this Act or incurred .No•. ----., Sec.~ in connection with the borrowing of any money so borrowed, and the -rst year's interest and sinking fund on any amount so borrowed uuring the construction of the works for which the loan is raised, and also the an;l.Ount (if any) owing by the Board on bank>-.Jverdraft at the time when such loan is raised. 7. No money shall be borrowed under the authority of this Act Interest. which shall produce to the lender a higher rate of interest than five )ounds per centum per annum. 8. (1.) The Board shall not borrow any money under the Consent of authority of this Act except with the consent of the ratepayers of the ra.tepayers required. district ascertained in manner prescribed by the Local Bodies' Loans £)..ct, 1908. (2.) All the provisions of Part I of the said Act shall, save a.s by this Act expressly or impliedly modified, extend and apply to the loan hereby authorized, and the district shall be deemed to be a district and the Board shall be deemed to be alocal authority for the purposes of the said Act. (3.) For the purposes of this section the Va r-General shall, Ratepa.yers ro\ls. whenever requested by the Chairman of the rd so to do, prepare from the district valuation rolls ~n forcey er the Valuation of Land Act, 1908, at the date of such reque.PVin any borough, town district, or county, or any part thereof, ~prised in the harbour district, a special roll setting forth the .es of all persons whose names appear in the (( occupiers" col~ of such district va.luation rolls respec- tively in respect of a lands situated in the harbour district. Such special roll shal e signed by the Chairman or two members of the ...... oard, and en so signed shall be the roll upon which the poll ... all be 4 GBO. V.] Wanganui Harbour District and r1913, No. 18. 669 Empowering. 5. It shall be lawful for the Board, subject to the provisions of Power to construct the Harbours Act, 1908, and its amendments, to construct such works. harbour-works a.s the Board ma~ from time to ~ime consider /Y/:t necessary or advIsable for the reqmrements of or for Improvements .. ?f- '-;-0 . in the Harbour of Wanganui, and also to erect and construct all such <-'/ / cranes, sheds, and works for the improvements of the said harbour as are judged necessary by the Board for the safety, convenience, or reception of vessels resorting to the said harbour, and for the more convenient loading and unloading of such vessels, or for the safety and protection of any 'works constructed or proposed to be con- structed by the Board, and for providing proper access to and from such works, ~nd for the purposes thereof to purchase or lease and open up quarries and work the same, and provide all necessary r ~ , . .. . -;- /9>.3 means for the conveyance of the output of such quarries to any part~f.rC.L ~; ~,,,,, ./~.''''''''''---- of the Harbour of Wanganui or lands adjacent thereto under the No -.! Se(}•. ~. ) cgntrol of the Board. ' . lct to the Power to borrow. 1913 P 668 Ins of this W ANGANUI HARBOUR DISTRICT AND EMPOWERING .. ACT 1913. i in force ~~ :1 and fifty Y 2- AMENDING LEGISLATION:- lOtion and ":: ': _t, /t7..,~ 'lL-f -.. ~..) A(; r ---/...<. 1935 No.7 (L). s Act, and -.. -*' -- . -- ,- )r incurred -No.~ Sec. "z ~ 1913 p. 668 ed, and the REFER: s. 43 1936 No. 54: Further provisions as to borrowing. o bQrrowed IJ. is raised, k jverdraft 1913 p. 668 ft. S. 1. REFER: s. 1 1937 No.5 (L). Further legislation hereon. 0 tIllS Act Interest. t than five O. ~l..) J:ne .t5oard. shaH not borrow any money under the Consent of . authority of this Act except with the consent of the ratepayers ofthe ratepayers reqUired. -, district ascertained in manner prescribed by the Local Bodies' Loans J Act, 1908. (2.) All the provisions of Part I of the said Act shall, save as by this Act expressly or impliedly modified, extend and apply to the loan hereby authorized, and the district shall be deemed to be a district and the Board shall be deemed to be a local authority for the purposes of the said Act. (3.) For the purposes of this section the V r-General shall, Ratepayers rolls. whenever requested by the Chairman of the rd so to do, prepare from the district valuation rolls in force Jl er the Valuation of Land ~IJ~STITUTEU S~e AGt/'~ Act, 1908, at the date of such reque.sVln any borough, town district, ~ ~/ or county, or any part thereof, c6tn'prised in the harbour district, a _,./ . ;:1 (.1.) E31ery person whose name appears on such special roll shall be entitled to one vote only. Result of poll. (5.) If the total number of valid votes recorded in favour of the proposal is a majority of the total number of valid votes recorded at any poll, the proposal shall be deemed to be carried. Sinking fund. 9. (1.) For the purpose of providing a sinking fund for the liquidation of the principal sum raised under'the authority of this Act, the Board shall in every year set aside out of the revenue of the Board a sum equal to ten shillings per centum on the amount of all unredeemed bonds, debentures, and other securities given under this Act previous to the then current year, and shall pay the same to Sinking Fund Commissioners to be appointed by the Board under the provisions of this Act. (2.) Any moneys so paid to the said Commissioners may be either invested, together with the interest and profits accruing there from, in such securities as the Board may from time to time deter :') mine, or may be, as to the whole or any part thereof accumulated at y any time, utilized for the purchase and redemption of any debentures issued under the authority of this Act for the time being ont standing. (3.) The Board may also at any time appropriate any part of the Harbour Fund not appropriated for any special purpose, and pay the same to tbe Commissioners hereinbefore mentioned, to be appiied to the purposes mentioned in subsection two of this section. (4.) The Board shall appoint two or more Commissioners for the purJ>oses in this section mentioned. Estimate of revenue ~ 10. (1.) The Board shall. in each year cause an estimate to be and expenditure, and amount of rate. prepared, in such manner and according to such method as the Board approves, cif the anbicipated revenue of the year (exclusive of any rate to be levied under this Act), and of the anticipated expendi ture of the year (including the annual charges and sinking-fund payments upon the moneys borrowed under the authority of this Act, but exclusive of capital expenditure on Loan Account), and shall upon such estimate determine the deficiency (if any) of r~venue required to meet such expenditure. (~.) The Board shall make and levy in each year such rate as it deems sufficient to provide such deficiency, such rate to be levied on all rateable property within the district according to its rateable value based upon the capital value as appearing in the district valuation rolls prepared by the Valuer-General in accordance with the Valuation of Land Act, 190B, and for the time being in force in the several boroughs, counties, and town districts included in the district. Differential rate. (3.) The rate to be levied under this Act on the rateable pro perty in the Wanganui Combined District shall be double the rate to be levied on the rateable property in the rest of the district. Rate not to be . cll. :-No rate under this Act shall be set aside or quashed by any qnestioned. proceeding in any Court or otherwise, and no defect in the same or the making thereof shall be set up as a defence to any action which may be brought to recover the same. Di1Ierential dues 12. Notwithstanding any provision contained in the Harbours may be levied. Act, 1908, or any amendment thereof, it shall be lawful for the 4 GEO. V.] . Wanganui Harbou'r District and [1913, No. 18. 671 Empowering. Board, after the expenditure of not less than one hundred -thousand pounds of the moneys which the Board is by this Act authorized to borrow, to make and levy- (a.) Harbour dues tu be charged and collected in respect of goods produced or manufactured upon such part or parts of the lands outside the harbour district as the Board may from time to time direct, in excess of the dues to be made and levied in respect of the same goods if produced or manufactured within the harbour district, and so tha.t such excess dues may, if the Board so determines, vary in amount in respect of various parts of the lands outside the harbour district; also, (b.) Harbour dues to be charged and collected in respect of goods landed at the Port of Wanganui - and thence despatched to such place or places outside the harbour district as the Board may from time to time direct, without being first warehoused inside such district, in excess of the dues to be made -and levied in respect of the same goods if the same were being despatched to a place inside the said district as their final destination or were being warehouseCi inside the said district before being despatched outside the said district, and so that such excess dues may, if the Board so determines, vary in amount in respect of the various parts of the landR outside the harbour district. And for the purpose of the assessment or collection of such excess dues the Board may require from the persons for or on whose behalf any goods may be shipped or landed statutory declarations under the Justices of the Peace Act, 1908, to be made before a Justice of the Peace, stating specifically where such goods were produced or manu factured, and the owners, shippers, and consignees thereof, and their places of abode, and the places to which it is intended to despatch any goods landed at the Port of Wanganui. 13. (1.) The provisions of the Harbours Amendmen ct, 1910, ConstiMion of whereby it is provided that two members of the Wan lUi Harbour Wanganui Harbour Board shall be elected by the electors of the Cou of Wanganui Board. / t( and two members by the electors of the Cou of 'Waitotara are p.EPEALED: See __~ ::._.Sched. hereby repealed. . Act!4~~, No .... ~;? (2.) Two members of the Wangan . Harbour Board shall be ;/ .. elected by those of the electors of tl Counties of Wanganui and Waimarino whose qualifications a within the Wanganui Ha.rbour District constituted by this Ac , but until such members shall be elected the members of the ard at present elected by the electors of the County of Wangan . shall continue to hold office. (~.) Two members f the Wanganui Harbour Board shall be elected by those of e electors of the County of Waitotara whose qualifications are lthin the Wanganui Harbour District constituted by this Act, until such members shall be elected the members of the Bo at present elected by the electors of the County of Waitotara shall continue to hold office. 672 ).913, No. 18.] Wanqanui Harbour District and Empowet·ing. (4.) 'rhe first election of members of the oard in accordance with subsections two and three hereof shall held on such day or days as the Governor by Order in Council points, and by the same or by any subsequent Order in Council t Governor may make such provisions as he deems necessary for t e purpose of such election or elections. (5.) If such first election all be held prior to the last Wednesday in the month of A in the year nineteen hundred and fourteen, then it shall not be ecessary to hold elections of members of the said Board on th said last Wednesday in the month of April in the year ninetee hundred and fourteen as provided by the Harbours Amendment ct, 1910, but the members of the Board elected at such first ections shall continue to hold office as if they had been re-electe OIl the said last Wednesday in the month of April in the year neteen hundred and fourteen. (6.) The e ity of the corporation of the Wanganui Harbour Board shall n be affected by any such alterations as aforesaid. Schedule. SCHEDULE. ALL \ha.t area in the Wellington Land District bounded by a line commencing at a point on high-water mark of Cook Strait opposite the south-western corner of Section No. 66, Block XIII, Nukumaru Survey District; thence to and along the north-western boundary of that section and Section No. 65, and along the south western boundary of Section No. 44 to Russell Road; thence along the eastern side of Russell Road to Great North-western Road, acrOss and along the northern side of the last.tnentioned road to Oruakainoa Road, along the eastern side of that road ana the southern side of Upper Pakaraka Road to a point in line with the south-eastern boundary of Section No. 18, Block IX, Nukumaru Survey District; thence across the said road and along the south-eastern and north-eastern boundaries of the said Section No. 18, and the north-eastern boundaries of Sections Nos. 19, 20, and 21, to Section No.3, Block IX aforesaid; thence along the south-eastern and north eastern boundaries of the last-mentioned section and the north-eastern boundary of Sec tion No.1, Block XIII, Wairoa Survey District, to the Waitotara River; theuce along the south-western and western boundaries of Patea County as described in the New Zealand Gazette No. 85, of the 23rd October, 1902, to the south-eastern boundary-line of the Ta.ra.naki Land District, and along that boundary-line to the Wanganui River; thence across and along the left bank of that river to Block VII, Rarete Survey District; theuce along the southern boundaries of Blocks VII and VIII and the eastern boundaries of Blocks XI and XIV, Rarete Survey District, to the northern boundary of Tauakira Survey District; thence along the northern boundary of the said Tauakira Survev District to the north-eastern corner of Section No.3, Block VIII, Tauakira. Survey District; thence along the northern and western boundaries of that section to the Matahiwi-Ohotu Road; thence across that road and along its south-eastern side to Section No.2, Block VIII, Tauakira Survey District; thence along the south-westeru boundary of that section, Sections Nos. 4 and 3, Block I, Ngamatea Survey District, Section No.1, Block IX. and the southern boundary of the last-mentioned section to the Mangawhero River; thence across that river and along its left bank to Block VI, Nga.matea Survey District; thence along the southern boundaries of Blocks VI and VII to the Wangaehu River; thence ,.long the right bank of that river to the sea; aud thence along high-water m'&i-k of the sea to the place of commencement. 274 1911, No. 16.] Wanganu.i Hca'bour Boa'rd Vesting. [2 GEO. V. New Zealand. ANALYSIS. Title. 3. Lands in Sohedule vested in Wanganui 1. Short Title. Harbour Board. 2. Speoial Act. I Schedule. 1911, No. 16.-Local. r Title. AN Ab/ vesting in the Wanganui Harbour Board certain Lalld~ at Castlecliff, near Wang-anui. [21st October, 1911. BE IT ENACTED by the General Assf':!d1ly of N(~\V Zealand in Parliament assembl8d, and by the aULllOrjty of tile same, as follows ;- Shott Title. 1. This Act may be cited as the Wanganui Harbour Board Vesting Act, 1911. Special Act. 2. This Act shall be deemed to be a special Act within the meaning of the Harbours Act, 1908. Lands in Schedule 3. The lands described in the Schedule hereto are hereby vested vested in Wanganui Hatbour Board. in the Wanganui Harbour Board for the purposes for which it is constituted and subject to the provisions of the Harbours Act, 1908. Sohedule. SCHEDULE. ALL that area in the Wellington Land District, containing by admeasurement 11 acres 3 roods 25·6 perches, more or less, being Reserve 104, part of Reserve 103, and part of Cliff Road, Town of Castlecliff, and bounded as follows, viz.: Com m~ncing at the northern corner of Section 20 of the aforesaid town; thence at a bearing of 1740 20', for a distance of 1100 links, to high-water mark; thence along high·water mark in an easterly direction, for a distance of 485 links, to Harbour Reserve; thence at a bearing of 3540 20', for a distance of 100 links; thence in a.u easterly direction along the northern bounda.ry of said Harbour Reserve, for a distance of 800 links; thence at a bearing of 3370 26', for a distance of 966'4 links, to Bryce Street; thence at a bearing of 2640 20', for a distance of 1000 links, to the starting-point: excepting therefrom all public roads and streets within the said boundaries. 300 1917, No. 12.J Wanganui Harbour Board Vesting. New Zealand. ANALYSIS. Title. 3. Road closed and vested in Wanga.nui 1 Short Title. Board. 2. Special Act. \ I Schedule. 1917, No. 12.-Local and Personal. Title. AN ACT closing as a Road and vesting in the Wallganui Board certain Lands at Castlecliff, near Wanganui. [27th October, 1 BE IT ENACTED by the General Assembly of New in Parliament assembled, and by the authority of the same, follows:- - Short Title. 1. This Act may be cited as the Wanganui Harbour Vesting Act, 1917. Special Act. 2. This Act shall be deemed to be a special Act within meaning of the Harbours Act, 1908. Road closed and 3. The road described in the Schedule hereto is hereby u~v,ovu. vested in Wanganui Harbour Board. and vested in the Wanganui Harbour Board in trust, without of sale, for harbour improvements at the Port of Wanganui : Provided that the Board shall provide, in lieu of the road closed, another public road giving equally efficient access. Schedule. SCHEDULE. ALI: that part of Wharf Street, in the Town District of Castlecliff, lying Tod Street and W oon Street, containing 1 acre 1 rood 32 perches, more or as shown in green on plan marked M.D. 4838, and deposited in the office of Marine Department, at Wellington. 11 New Zealand. Title. ANALYSIS. L Short Title. 3. Definition of "resolution." 2. Surrender of leases may be accepted, and new 4. Governor·General may fill vacancy on Board. leases may be granted. Leases may be 5. Trust entitled to ,ravel, &c., and may sell granted to subtenants. Make necessary same. adjustment~. ------1920, No. 14.-Local and Personal. AN AC'f to amend the Wanganui River Trust Act, 1891. Title. [28th October, 1920. BE IT EN ACTED 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 \Vangal1ui River Trust Amend- Short Title. ment Act, 1920, and shall form part of and be read together w~th the ,Vanganui River Trust Act, 189l. 2. Notwithstanding anything ill the Public Reserves and Surrender of Domains Act, 1908, or the Wanganui River Trust Amendment Iea.~esn:ty ~ Act, 1912, the Wanganui River Trust (hereinafter ca.lled the Trust) :~:1!:8~a!ay may, with the approval of the Minister,- be granted., Ca.) Accept, upon such terms as the Trust by resolution shall determine, a surrender of any lease grant-ed by the Trust: (b.) Lease the whole or any part of the land comprised in any such surrendered lease, or grant to the former lessee a new lease for the remainder of the term of the surrendered lease of the whole or any part of the lands comprised in such surrendered lease, at such rent, being not less than the ori_gina!. rent or a proportionate part thereof, as the case may be, and upon such terms as the Trust, by resolution either before or after the surrender, shall determine: (c.) ,Vith the consent of the lessee, grant to a sublessee a lease, Leases may be ted direct from the Trust, of the whole or H,ny part of the land g£te t{) comprised in the lease to such lessee for the whole residue IIU nanta. of the term created by such last-mentioned lease, at such 3 GEO. Y.J Wanganui River Trust Amendment. L1912, No.6. 301 New Zealand. ANALYSIS. Title. 2. Leasing-powers conferred on Wa.nganui River 1 Short Title. Trust. 1912, No. 6.-Local. AN ACT to amend the Wanganui River Trust Act, 1891. TItle. [15th October, 1912. BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows :- 1. rrhis Act may be cited as the Wanganui River Trust Amend- Short Title. ment Act, 1912, and shall form part of and be read together with the Wanganui River Trust Act, 1891 (hereinafter referred to as the principal Act). 2. Notwithstanding anything in the Public Reserves and Lea.sing-powers Doma~ns Act, 1908~ the Wanganui River .Trust may, in the man:r:'-er ~:;e;~:~tRiver prescnbed by sectIon two of the PublIc Reserves and Domams Trust. Amendment Act, 1911, lease the whole or any pa,rt of the lands heretofore or at any time hereafter declared to be a public domain in pursuance of section nine of the principal Act as if the said lands ·were a public reserve vested in the said Trust, and it shall be a condition of any such lease that the value of improvements mentioned in the s::tid section two shall be ascertained and paid in accordance with that section. 644 1905, No.3.] Wangan'l(,j Harbour. [5 EDW. VII. -~'; J I ; New Zealand. A~ALYSlS. Title. s. Power to borrow. Preamble. 4. Consent of ratepa.yers to be obta.ined for 1. Short Title. harbour-works. 2. Special Act. 5. Provision for sinking fund. 1905, No. 3.-·Local Title. AN ACT to empower the Wanganui Harbour Board to borrow Sixty 'l'housand Pounds. ~ ~7tlz Septe'lnbe1·, 1905. . - Preamble. WHEREAS the Wanganui Harbour and River Conservators Board (subsequently reconstituted as the Wanganui Harbour Board by "The Wanganui Harbour Board Act, 1893") was empowered by " The Wanganui Harbour Endowment and Borrowing Act, 1877," to borrow any sums of money not exceeding one hundred thousand pounds for harbour improvements, and for that purpose to issue debentures to the extent of one hundred thousand pounds and no more, and the powers given by the last-mentioned Act were con tinued and confirmed by "'l'he Harbours Act, 1878": And whereas under the aforesaid powers debentures were issued to the extent of the said sum of one hundred thousand ponnds, and a sum of sixty thousand pounds was borrowed by the issue of such debentures, and divers other sums were temporarily borrowed by the hypothecation of the balance of the said debentures, which said other sums have now been repaid: And whereas the debentures for the said SlUn of sixty thousand pounds were pl1yable on the first day of June, one thou sand nine hundred and five: And whereas, in addition to the funds held by tlJe Sinking Fund C6mmissioners of the vVanganui Harbour Board, it is necessary to provide a sum of thirty thousand pounds ~r thereabouts to payoff tIle principal moneys owing on th~ said debentures: And whereas it is expedient that tllA WanganUl Harbour Board should be empowered to borrow a sum of sixty thousand pounds for the purpose of paying off the said principal moneys, and for the further purposes of constructing or repairing harbour-works within the harbour or port of \Vanganlli : BE IT THEREFORE ENACTED by the General Assembly of New Zeahnd in Parliament asselubled, and by the authority of the same, as follows ;-'- 7 EDW. VIT.] Wanganui Harbour. [1907, No. 11. 475 the payment thereof; and, secondly, of constructing or repairing harbour-works within the harbour or port of Wanganui: but no money should be borrowed under the authority of the Act now under recital which should produce to the lender a higher rate of interest than five pounds per centum per annum, and no moneys borrowed under the provisions of the Act now under recital should be expended on the construction or repair of harbour-works until the principal moneys owing on the debentures already issued had been provided for or paid in full: And whereas under the powers' conferred by the last-mentioned Act debentures were issued to the extent of the said sum .of sixty thousand ponnds, and a sum of forty thousand pounds was temporarily borrowed by the hypothecation of such debentures: And whereas out of the last-mentioned sum of forty thousand pounds the sum of thirty thousand pounds was applied in payment of the balance owing on the original debentures of sixty thousand pounds, . alld the balance of ten thousand pounds is, at present in the hands of J the Wanganui Harbour Board for the purposes of constructing or re pairing harbour-works within the harbour or port of Wanganui : And whereas, in addition to the funds held by the Sinking Fund Com missioners of the \Yanganui Harbour Board, it is necessary to provide a sum of forty thousand pounds to payoff the principal moneys owing on the said debentures: And whereas it is expedient that the Wa nganui Harbour Board should be empowered to borrow a SUIn of one hundred thousand pounds for the purpose of paying off the said snm of forty thousand pounds and for the furtfier purposes of constructing or !epairing harbour-works, within the harbour or port of Wanganui : BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows :- 1. ~rhis Act may be cited as the Wanganui Harbour Act, 1907. SborUUle. 2. This Act shall be and be deemed to be a special Act within 8peoiaJ Ao~. the meaning of the Harbours Act, 1878, which Act is hereby incor- porated ,with this Act and is hereinafter referred to as the said ~ct. , -) 3. The Wanganui Harbour Board (hereinafter referred to as Power to borrow. ;;" t.he Board) constituted under the vVanganui Harbour Board Act, IHfH, shall h;tve power frolll time to time to hOl1"ln..- moucy alld to issue debentures in the manner and subject to the conditions of the said Act upon the security of the Harbour Fund of the said Board <1S defined by the said Act to the extent of one hundred thousand pounds and no Illore. Su('h moneys when raised shall be applied ollly for the following purpo~es: Firstly, of paying so lUllch of the principal moneys owing on the debentures issued under the pro- visions of the \V:tnganui Harbour .-\ct, 1905, as is not provided for by tht' ;L('( tllllulatt,.l "illkill'..!' tllnd Irdtl 1)\' tilt' :-;illkill": Flint! l'ollllllis- sioners of the \\"ang;fllui 1-larhollr Boa~'d for the p~tYIl1t'nt thereof; the principal moneys owing on the debentures already issued have been provided for or paid in full. " .~ Provision for 4. For the purpose of providing a sinking fund for the liquida- :~ linking fnnd. tion of the principal sum raised under the authority of this Act, the . Board shall in every year set aside out of the ordinary revenue of the Board a sum equal to one pound per centum on the amount of all unredeemed bonds, debentures, and other securities issued or given under this Act previous to the then current year, and shall pay the same to Sinking Fund Commissioners to be appointed under theJ provisions of the said Act, to be dealt with by such Commissioners in the manner directed by the said Act. WELLINGTON: Printed nnder authority of ~he New Zealo.nd Government. by JOHN MACKAY, Government Printer.-1907. C;r 474 1907, No. I1.J Wanganui Harbour. [7 ED\\". VII. New Zealand. ANALYSIS. Title. 2. Speoial Ac~. Preamble. 3. Power to borrow. 1. Short Ti tie. 4. Provision for sinking fuud. 1907, No. H.-Local. Title. AN ACT to empower the \Vanganui Harbour Board to borrow One Hundred Thousand Pounds. {9th November, 1907. '-~';' Preamble. WHEREAS the Wanganui Harbour and River Conservators Board i ',:'(q"'tf' (subsequently reconstituted as the Wanganui Harbour Board by" the Wanganui Harbour Board Act, 1893) was empowered by the vYanganui Harbour Endowment and Borrowing Act, 1877, to borrow any sums of money not exceeding one hundred thousand pounds for harbour improvements, and for that purpose to issue debentures to the extent of one hundred thonsand pounds and no more, and the powers given by the last-mentioned Act were continned a.nd con- firmed Qy the Harbours Act, 1878: And whereas under the afore- said powers debentures were issued to the extent of the said snm of one hundred thollsand pOllnd~, alld a :';11111 of sixty thousand pounds 'wa:; borrowed hy the i:;sue of such tldwntllres, and di\'ers other SUIllS were tempora.rily borrowed by the hypothecation of the balance of the said debentures, which said uther SHruS have now been repaid: And whereas the debentures for the :;aid sum of sixty thousa.nd pOllnds became payahle on the tirst (lay of .r une, nineteen llllndred and tiye: .-\lld ",ilerea:, under :tnli by yirtue of the \Yallganui Har bour Act, 1905, the Wanganui Harbour Board was granted power from time to time to borrow money and to issue debentures in the ? IlJalllll'r ;\lHl subject to tilt' COl\diti(}n~ of the Harbours .\ct. lS7B, upon the se<:urity of the Harbour Fund of the \Vanganui Harbour Board. a:-; dt'fined hy the last-Illt'lltiont'd .-\ct, to the extt'llt of sixty thousand pOllnds and no more: :-;udl IHoneys when raised were to be applied only for the following purposes-firstly, of paying so much Of~he pnll~ipal UHllle}=, owillg 1)11 the dehcntures already i~slled as w:t ~lOt WO\'id~ The Short Title of this Act is " The Wanganui Harbour Act, Short Title. Act shall be and be de~med P9 be a special Act within Speoial Act. of cc The Harbours A.ct, 1878," which Act is hereby with this Act cand is hereinafter referred to as "the 3. The Wanganui H3Irb.our Board (hereinafter referred to as Power to borrow. . the Board ") constituted under "The vVanganui Harbour Board , 1893," shall have power from time to time to borrow money to issue debenttlres in the manner and subject to the condi s of the said Act, upon 'the security of the Harbour Fund of said Board as defined by the Baid Act, to the extent of sixty pounds and no more. Such moneys when raised shall applied only for the following purposes: Firstly, of paying much of the principal moneys owing on the debentures already issued as is not provided for by the accumulated sinking .it] held by the Sinking Fund Commissioners of the Wanganui Harbour Board for the payment thereof; and, secondly, of i constructing or repairing harbour-works within the harbour or _port of Wanganui. But no money shall be borrowed under the authority of this Act which shall produce to the lender a higher rate of interest than five pounds per centum per annum, and no moneys borrowed under the provisions of this Act shall be expended on the construction or repair of a~ly 1)arbour-works until the principal lJ1t\l1eys owing on the debentures alr.eady issued have been provided ( r paid in full. 4. No money shall be raised :!Jnder the authority of this Act Consent of ratel?ayers to be for. any purpose other than that of paving.J • the principal moneys. owina0 obta\Ded lor as aforesaid, until after a fresh electIOn of the whole of the elective harbour· works. members of the Board has been heICL 5. For the purpose of providi{lg a sinking fund for the liquidation ~to~i8Io!l for of the principal sum raised under the authority of this Act the Board smkmg und, shall in every year set aside, out of the ordinary revenue of the Board, a sum equal to one pound per centum on the amount of all ull,(edeemed bonds, debentures, and other securities issued or given GJiler this Act previous to the then current year, and shall pay the same to f::>inking Fund Commissioners to be appointed under the provisioD,s of the said Act, to be dealt with by such Commissioners in the manner directed by the said Act. WELLINGTON: Printed under 8.uthority of the New Zeala.nd Government, by JOlIN MACKAY, G·overnment Printer.-1905. 01 566 1910, No. 17.] Wanganui Harbour Board Vesting. [1 GEO. V. New Zealand. ANALYSIS. Title. 3. Lands in Schedule vested in Wanganui Har 1. Short Title. bour Board as an endowment. 2. Special Act. Schedule. 1910, No. 17.-Local. Title. AN ACT vesting in the Wanganui Harbour Board certain Accretions to the Foreshore Lands near the Mouth' of the Wanganui River. [21st November, )910. BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows;- / Short Title. 1. This Act may be cited as the Wanganui Harbour Board Vesting Act, 1910. Special Act. 2. This Act shall be deemed to be a special Act within the meaning of the Harbours Act, 1908. Lands in Schedule 3. The lands described in the Schedule to this Act are hereby vested in Wanganui Harbour Board as vested in the Wanganui Harbour Board as an endowment for the an endowment. said vYanganui Harbour Board for the purposes for which it is con stituted, and subject to the provisions of the Harbours Act, 1908, and subject also to the provisions of section thirteen of the Land Act, 1908. Schedule. SCHEDULE. ALL that piece or parcel of land in the Wellington Land District. containing by admeg:aurement 3 acres 1 rood 2S'4 perches, more or less, and known as a public road reserve. 1 chain wide, along high-water mark as existed at October, 1882, and lying to the south-west of Sections 106, 107, and 108, CastleclifI Township, and bounded as follows, viz.: commencing at the north-western corner of Section 106 aforesaid; thence generally in a south-easterly direction along the boundaries of Sections 106. 107, and 108. and ends of Carson and Morgan Streets. to the southern corner of Section 108, for a distance of 3375 links; thence at a bearing of 174° 20' for a distance of 100 links; thence generally in a north-westerly direction along old high-water mark (1882) for a distance of 3480 links; thence at a bearing of 55° 23' for a distance of 100 links to the starting-point: as the said area is coloured green on the plan marked M.D. 3547. deposited in the office of the Marine Department, at Wellington. 1 GEO. V.] Wanganui Harbour Board Vesting. [1910, No. 17. 567 And also all that piece or parcel of land in the Wellington Land District, contain ing by admeasurement 17 acres 3 roods, more or less, being that portion of foreshore lying to the south-west of the public road reserve adjoining Public Reserves 106, 107, and 108, Castlecliff Township, and being the accretions at the mouth of the Wanganui River at the North Mole, and bounded as follows, viz: commencing at a point distant 100 links and bearing 2350 23' from the north-west corner of Section 106 aforesaid; thence along high-water mark of June, 1910, on a bearing of 235° ~3' for a distance of 455'4 lInks, on a bearing of 14~o 39' for a distance of 1261'6 links, on a bearing of 1360 17' for a distance of 561 links, and on a bearing of 11 '70 37' for a distance of 1065 links to the North Mole; thence along North Mole on a bearing of 71° 38' for a distance of 725 links; thence on a bearing of 75° 0' for a distance of 323 links to the boundary of the public road reserve aforesaid; thence generally in a north-westerly direction along said road-boundary on its south-western side for a distance of 3480 links to the starting-point: as the said area. is coloured red on the plan marked M.D. 3547, deposited in the office of the Marine Department, at Wellington. Always excepting from the two above-described parcels of land such an area as may be necessary to provide for a road reserve 1 chain in width and extending along the above-described high-water mark and the northern side of the North Mole to its ') junction with Churton Terrace, and also to provide for the extensions in south- :;;; westerly directions of Carson Street and Morgan Street to their respective inter sections with the said road reserve: as the said road reserve and the extensions of Carson Street and Morgan Street are shown cross-hatched in red on the said Plan M.D. 3547 664 1920, No. 14.J TVanganlli River Trust Amendrnellt. [11 GEO. V. rent, being not less than the original rent or a propor tionate part thereof, as the case may he, and upon such terms as the Trust by resolution may determine: Make necessarv (d.) Make all such adjustments of rent as may be necessary adjustments. - . for the purpose of such lease or sublease. _ Definition 3. For the purposes of this /Act "resolution" means a l'esolution of " resolution." passed at a duly constituted meeting of the vVanganui River Trust of which due notice has been give~ specifying the object of the meeting. C Governor-General 4. (1.) If any person elected a member of the Trust pursuant Ill8.y fill vacancy on Board. r to section two of the Wangan¥i River 'frust Amendment Act, 1900, . shall be elected to any of the offices mentioned in section two of the principal Act, and shall by virfoue of such election become a member of the Trust, the previous office held by such member shall ipso facto become vacant, and the Govl1rnor-General shall appoint some other person in his place and ste~d, such other person to hold office as a member of the Trqst 1)ntil tl;ie next biennial election of members. (2.) If any person is en,titled to hold office as· a member of the Trust by virtue of holding two or more of the offices mentioned in section two of the principal Act, he shall forthwith, hy notice in writing addressed to the Chainuan of the Trust, make an election of the qualification by virtue; of which he desires to be a member of the Trust: 1 Proviflp.o t.hl'lt. A"A ... ~'!r.CH."A'" '>Tl-~ ~~ .. _____ L_ .. . r " Vol. 1920. II. 665. • ~ ~ ~ Regulations, see Gaz. 1921, p. 948,2,31. \v.) .J..ll 0,11] vo,DC IJU yv LUCU 'bile llt~V preeeUlug suoseCtlOn appnes, the Borough Council, County Council, or Chamber of Commerce that, by virtue of an etection under that ~ubsectioll, ceases to be represented on the Trust may, by resolution under seal, appoint one of its members to be a member of the Trust in lieu of the Mayor or Chairman, as the case /may be, and the member so appointed shall hold office during the pleasure of the said Borough Council, County Council, or Chamber of Commerce: Provided that every person so appointed a member of the Trust shall relinquish his office as such if the Mayor of the borough or Chairman of the county or Chamber of Commerce which he repre-. sents ceases to be a member of the Trust by virtue of any other qualification, , Trust "ntitled to 5. The Trust shall be and it is hereby declared entitled to all gravlll, &c, and may gravel or shingle in that portion of the Wanganui River under the sell f!l!.me. control of the Trust, and shall be at liberty to and it is hereby expressly authorized and empowered from time to time to sell and dispose of such gravel or shingle' at such price as shall be approved by the Minister. 13 GEO. V.] Wanganui Rive1· Trust Amendment. [1922, No. 15. 449 New Zealand. ) ANALYSIS. Title. 1. Short Title. , 9. Repeal Trust to be River Board with certain 2. Altering constitution of Wanganui River Trust. ! powers. 3. Repeal ! 10. Power to borrow. Rate of interest, &c. 4. Constituting Wanganui River Trust Board. : 11. Roll of ratepayers of district. 5. Election of members of Board, &c. 12. Voting on proposal to borrow money. 6. Powers of the Board. . I 13. Power to mortgage. 7. Further powers of the Board. : 14. Rating-area. S. Power to make regulations: &c. : Schedule. 1922, No. 15.-Local and Personal. AN ACT to amend the Wanganui River Trust Act, 1891. Title. [17th OclA?ber, 1922. BE IT EN ACTED 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 Wanganui River Trust Amend- Short Title. I ).,' ment Act, 1922, and shall form part of and be read together with the vVanganui River Trust Act, ]891 (hereinafter called the principal Act). 2. From and after the date mentioned in section five of this Act Altering constitution ~he Wanganui River Trust shall consist of the persons following, that ~~'!':.nganui Ri.er IS to say:- The members of the Rouse of Representatives for the time being respectively repr~senting the electoral districts within which the Borough of Wanganui is situate, and the electoral districts within which the area or any portion of· the-- area described in the Schedule hereto is for the time being situate: One person, to be from time to time appointed by the Governor General, who shall hold office for two years from the date of his appointment, and may be reappointed, but shall be subject to removal at any time by the Governor-General, 29 450 1922, No. 15.] Wanganui River Trust Amendment. [13 GEO. V. who may appoint another in his place and stead or on his resignation, death, or incapacity to act. Any person so appointed shall hold office only for the unexpired residue of the term of the vacating member: Three persons, qualified to be Councillors of the Borough of Wanganui, to be elected by the electors of the Borough of Wanganui in manner prescribed for the election of Councillors by the Municipal Corporations Act, 1920: Two persons, qualified to be Councillors of the Borough of Taumarunui, to be elected by the electors of the Borough of Taumarunui in manner prescribed for the election of Councillors by the Municipal Corporations Act, 1920 : Three persons, qualified to be Councillors under the Counties Act, 1920, and being « occupiers" within the meaning of the Rat~ng Act, 1908, of rateable property within the area. of land fir~tly and thirdly described in the Schedule hereto, to be elected in manner prescribed by the Counties Act, 1920; for the election of Councillors and by the « occupiers," within the meaning of the Rating Act, 1908, of rateable property within the area aforesaid. Repeal. 3. On the coming into office of the Trust Board as hereinafter provided the Wanganui River Trust Act 1891 Amendment Act, 1900, is hereby repealed. Constituting 4. From and after the date mentioned in section five of this Wanganui River Act a Board to be called "The Wanganui River Trust Board" Trust Board. (hereinafter referred to as the Board) shall be constituted as pro vided in section two hereof, and thereupon all the provisions of paragraphs (a), (b), (c), (d), and (e) of section twenty-two of the River Boards Act, 1908, mutatis mutandis, shall apply. Election of members 5. (1.) The first election and appointment to be held or made, of :ijoard, &c. after the commencement of this Act, of members of the Board shall be held or made, as the case may require, on the twenty-sixth day of April, nineteen hunflred and twenty-three. (2.) Thereafter the election of elective members of the Board shall be held on the days, at the times, and in manner as prescribed by the Municipal Corporations Act, 1920, or the Counties Act, 1920, respectively, as the case may require, and the provisions of the said Acts respectively, as the case may require, shall, 17L1datis mutandis, apply. (3.) Every member so elected or appointed shall come into offi~e on the day of his election or appointment, and shall, unless hIS office sooner becomes vacant, continue in office until his successor is elected or appointed and comes into office. (4.) Until the members of the Board shall come into office os provided in subsection two hereof the present members of the Vol. 19:t2. p. MO•• "e. ~ (II). Vangauni River Trust shall continue to hold office. . :~! ~~:!d·~!u:I!..::.~!!:g:hai~ (5.) The Returning Officers shall immediately after every electIOn ~r;:;. :t q,,::;.u;'J:::I~"~o,,~~·oll \otify in writing to the Chairman or Clerk of the Board the name of everj.(IW£'im:s~Je%e9. ~ ~~Xl1;:3!s (\ynember of the Board. . (6.) All reasonable cost's and expenses incident to any electIOn, except expenses of the scrutineers and other expenses incurred by or on behalf of candida,tes, shall be paid out of the revenues of the Board. ,' .. ,the . . '~-··~orrowing. . . Provision for roads 3. The provisions of H The Land Act, 1885, It as to the payment in such lands. of the third parts of the price of land shall not apply in respect of the aforesaid lands, provided that the Pohangina Small-farm Associa- . tion shall. atthei.r own cost; when l·equired thereto. by the Commis- ;~'~!.jJc~;"1i.,>". ;;:.' ;~;i{':1..sioner ofOi6,~2clJiiD~~,~c:'a:nd;rtpfunlete'~f.~'h&~ft:~i.bi~t>f,:liki New Zealand, ANALYSIS. 3. Natives may apply to Na.tive Land Court to " Title. a.ssess compensation for earth, stones, &c., j: 1. Short Title. taken from or depositeu on their land.;:"' 2. Extended powers of trust for removing ob Pu?lic Works Act to apply as to compen-I;~ structions to navigation of river. satlOn. ~' ______I~ '~ ,'1: 1893, No. 22.-Local. ~..I. . :,~~ Title. AN ACT to amend" The vVanganui River Trust Act, 1891." [2nd October, 1893. BE IT ENACTED by the General Assembly of New Zealand in . Parliament assembled, and by the authority of the same, '-'as folc;\'; lows :- / >".', Short Title. 1. The Short Title of this Act is "The Wanganui River Trust Act Amendment Act, 1893." Extended powers of 2. It shall be lawful for the trust within the district constituted, trust for removing obstructions to navi by "The Wanganui River Trust Act, 1891," at any time, and gation of river. without giving any notice or doing or seeing to the doing of any other preliminary act,- " i.' (1.) To remove any earth, stone, boulders, or sand off, from, or ',~~ out of the channel or any land upon the banks of the;~ • - "\<' nver; :;;';"1 (2.) To deposit the same in any other part of the district; and -.~ (3.) For any of the purposes of the trust to make use of?J any such earth, stone, boulders, or sand, notwithstanding\; anything contained in the said Act, and notwithstanding < any such earth, stone, boulders, or sand shall be removed.<,~ from or used upon land which is owned by Natives under)~~f their Cl~stoms or usages, whether the ownership of the" ' same has or has not been defined by the Native Land Court. . Natives may apply _ -:-3. Any Native or Natives interested, or claiming to be in ~o~~t~:~~::sd com- terested, in any land from or upon which any earth, stone, boulders, pensation for earth, or sand shall be so removed, deposited, or used as aforesaid, may ~!~~e~r ~~p:~~:~ on make application to the Native Land Court to ascertain what their land. Public amount of compensation ought to be paid to the owners of or other asWorks to compensation. Ad to apply l)ersons interested in such land by reason of such earth, stone, boulders, or sand having been so removed, deposited, or- used, p7 VICT.] Wanganui River Tnlst Act Am,endment. f1893, No. 22. 407 and as to who are the persons entitled' to be paid such compen sation, and in what proportions; and, after hea.ring such evidence as may be prod-qced before it or may be thought necessary, the Court may make such order or orders as to)t shall seem fit. The provisions of" The Public Works Act, lR82," and the amendments thereof as to compensation for taking Native land shall apply, 1nutatis mntandis, to the taking of such earth, stone, boulders, or sand under this Act. WELLINGTON: Printed under authority of the New Zealand Government, by SAMUEL COSTALL, Government Printer.-1893. 32 57 VICT.] Wanganui Harbour Board. l1893, No. 10, . 479 New Zealand. ANALYSIS. Title. 6. Vacation of office by Wanganui Harbour and 1. Short Title. River Conservators Board. . 2. This Act deemed a special Act. 7. fllembers of Board. 3. Interpretation. S. Non·elective members. Elective members. 4. Repeal. 9. Election of members. 5. Constitution of Board. 1893, No. lO.-Local. AN ACT to reconstitute the Wanganui Harbour and River Con- Title . . .. - 'servators Board under the Name of the Wanganui Harbour Board. [27th September, 1893. BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as fol lows:- 1. '1'he Short Title of this Act is "The Wanganui Harbour Short Title. Board Act, 1893." 2. This Act shall be and be deemed to be a special Act within This. Act deemed a the meaning of "The Harbours Act, 1878," which Act, and all the speCIal Act. I Acts incorporated with or amending the same, shall be incorporated with this Act, so far as the provisions thereof are not inconsistent herewith or repugnant hereto. 3. In this Act, if not inconsistent with the context,- Interpretation. " The Board" means the Wanganui Harbour Board, as con- stituted under this Act: "The said Act" means" The Harbours Act, 1878," and all Acts amending the same. 4. So much of the Second Schedule of the said Act as relates to Repea.!. the constitution of the Wanganui Harbour and River Conservators Board is hereby repealed~ 5. The Wanganui Harbour Board shall be and be deemed to be Constitution of a JIarbour Board constituted under the said Act and this Act, and Board. shall, in respect of all real and personal property, rights, claims, juris- diction, obligations, liabilities, contracts, and engagements, and for all purposes whatsoever in law or in equity, be and be deemed to be the same Board as the Wanganui Harbour and River Conservators Board constituted under" The Wanganui Harbour and River Con- servators Board Act, 1876," and under the said Act. 476 1893, No. 10.] Wanganui Hat'bour Board. Vacation of office 6. The members of the Wanganni Harbour and River ~a~r~~~:~~iRiver tors Board at the time this Act shall come into operation Conscrvators Board. tinue to hold office until the second Monday in the month of in the year one thousand eight hundred and ninety-five, on they shall go out of office; but any vacancies occurring prior last-mentioned date shall be filled up as if this Act had . passed. Members of Board. 7. The Board shall, from and after the second month of February, in the year one thousand eight ninety-five, consist of ten members, of whom four shall elective and six elective members. Non-elective 8. The following persons shall be non-elective mem members. Board: that is to say, the several persons for the time being· the offices of Mayor of the Borough of Wanganui, Council of the County of Wanganui, Chairman of the County of Waitotara, and Collector of Customs for the Elcctive members. Wanganui. The ele.ctive members shall consist of the':' persons: Four persons qualified to be Councillors for the vVanganui, one perBon qualified to be a member of the '.,-.", ... +-n. cil of the' County of Wanganui, and one person qualified member of the County Council of the County of W . elected by the ratepayers of the Borough of Wanganui and ties of Wanganui and \Vaitotara respectively. Election of 9. On the second Monday in the month of . members. alternate year, there shall be an election of the elective J.U<'LLLVOJ the Board, and the first election of such members shall ba second Monday in the month of February, in the year_ eight hundred and ninety-five, and such members shall office on their election, and shall hold office from the time of -l>I",,·\T.1n1 - until the election of their successors. . WELLINGTON: Printed under authority of the New Zealand Go,remmeIlt. by SAMUEL COSTALL. Government Printer.-1893. 720 11)00, No. 34.] Wan'ganui River Trust Act 1891 . Amendment. New ZBalulHl. ,. t', - .... "'", ~~', ~.~ ANALYSIS. 4. Manner of eleotion. Title. 5. First election. 1. Short Title. 6. Returning Officer to notif~' narot's of penon. 2. Additional members to be electerl by I bur elected. gesses. I 7. Costs of election to be patd ouL of reveDu. 3. Election to take place biennillIly. of Trust. 1900, No. 34.-Local. Title. AN Ac'l' to amend" The Wanganui River 'l'ru~··Aot. 18nL'~ [20th Oclobcr, 1900. BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by· the autllOrity of the ~nmc, us rol. lows:- . Short Title. 1. The Short Title of this Act is "The W anganui Rivf'r Trust Act 1891 Amendment Act, 1900." Additional members 2. In addition to the persons declared by "'1'he W anganui to be elected by burgesses. River Trust Act, 1891," to constitute t.he Wanganui River Trust, three persons qualified to be Councillors of the Borough 01'- Wanga nui shall be elected me~bers of the Trust by the burgesses of the Borough of Wanganui entitled to vote in the election of such Councillors. Election to take 3. The election of such members shal1 take place biennially on place biennially. the same day as the hiennial election of the elective members of the Wanganui Harbour Board takes place, and shall be held in the manner provided by "The Local Elections Act, 1876," and for the purposes of all elections under this Act the Heturning Officer shall ~ the Returning Officer for the time being of the Wanganui Harbou• . Bo~rd. . Manner of election: 4. The elections of such members shall be held and conducted in the same manner, and the proceedings shall be the like as to the number of votes to be given, as are now or shall from time to timp. hereafter be required and provided with respect to the election of Councillors of the said horough. . First election. 5. The fil'sf. election of such members shall take place on the second Mondav in the month of Februarv, one thousand nine hundred and ori.e. . . ::'"-" . . -T~~:"tc,,~~~:;~r~;~;:';*t;~T~t;.' -'~:~E::;'.E::,\:.~:;-'::?/ _'. Wanganui_River Trust Act 189J~~:'[i~o6:~N6~:34r--:- 'j:.' ',;Ji'~' ,; / .. -, A,mendment;- :,. ' , , ~,' '-.-' :t ,;;;! =," :'::~- c' :', Co ".,~; ,_ -. ~ ". 6. ~he Returning Officer shall, im'D:,lediately after every election',; :&~~g omce;< notify in,writing to the chairman or clerk to the Trust :the name of ~=~!Y:e=; of every person elected-to serve as a member of the, Trust.,), .' -. , 7.-:All reasonable -costs and expens~ incidt'nt to:any election, Costsofe!ecti,onto ~xcept- expeI!ses of the s~rutineers and other 'expe,?seS hicurred .by or !:v~ua;~~ ~8t. on behalf of candidates, s~all be paid out of the ~yenues of the - , . Trqst. - ' , , ' WELLINGTON; Printed under authority of the New Z·8land Go~emwent. , by JOHN MACKAY, Govemment.Printer.~l906:'-' _ <--' '" . . - "" - /-'. ,.":~"".: ~ • '2 GEO. V.] Wanganui RiveT Bridge No.2. [1911, No. LiO. 337 New Zealan(l. ANALYSIS. Title. Preamble. 4. Power to borrow. 1. Soort Title. i 5. Bridge to be vested in and under control of 2. Interpretation. " Wanganua Borough. 3. Apportionment of cost of oonstruotion and 6. Power ~o construct tramway over bridge. maintenance. , 7. Incorporation of certain Acts. 1911, No. 40.-Local. AN ACT to authorize the vesting of the Wanganui River Bridge Title. No.2, connecting the Boroughs of Wanganui and Wanganui East in the Wanganui Borongh, and directing the same to be withi:q. the District of the vVanganui Borough, and to autho rize the Construetion of a Tramway across the said Bridge. [28th OctobeT, 1911. WHEREAS the Corporation of the Mayor, Councillors, and Bur- Preamble. gesses of the Borough of Wanganui and the Corporation of the Mayor, Councillors, and Burgesses of the Borough of Wanganui East recently determined to construct and maintain a bridge across the Wanganui "River with the object of bringing the two boroughs more conveniently into communication with each other: And whereas an Order in Council authorizing the construction of the said bridge was duly issued on the fifteenth day of March, nineteen hundred and eleven, and gazetted in the New Zealand Gazette of date the sixteenth day of March, nineteen hundred and eleven, . No. 21: And whereas the aforementioned Corporations propose to construct a tramway within the meaning of the Tramways Act, 1908, and the .amendments thereof, across the said bridge: And whereas it is desITa ble that the said bridge should be .declared to be within the district of the Mayor, Councillors, and Burgesses of I the Borough of Wanganui, and that the control of the said bridge during the course of the erection thereof and af~er the erection thereof should be vested in the Corporation of the Mayor, Uouncil- 10rs, and Burgesses of th~ Borough of Wanganui or the Council thereof: And whereas it is desiraule to give effect to such desire: 338 i9il: No. 40.j vVanganui R1,ver Ihidge No.2. BE !T THE~EFORE ENACTED by the General Assembly of New Zealand m ParlIament assembled, and by the authority of the same, as follows :- Short Title. 1. This Act may be cited as the Wanganui H.iver Bridge No.2 Act, 1911. Interpretation. 2. In the interpretation of this Act the following expressions shall, unless the context shall require otherwise, h~tve the meanings annexed thereto:- . "The Wanganui Borough" s}lall mean the Mayor, Coun cillors, and Burgesses of the Borough of Wanganui as constituted by the Municipal Corporations Act, 1908: "'rhe Wanganni East Borough" shall mean the Mayor, Councillors, and Burgesses of the Borough of Wanganui East as con,stituted by the Municipal Corporations Act, 1908. Apportionment of 3. The cost of the construction of the said bridge shall be borne COS& of construction and maintenance. by the Wanganui Borough and the Wanganui East Borough in equal shares, ~tnd the cost of maintaining the said bridge shall be apportiolled from time to time Ly the Governor under the pow.ers conferred by section one hundred and twenty of the Pubrie Works Act~ UlOB. Power to borrow. 4. It shall be lawful for the Wangallui Borougb, and .it it; hereby authorized, to raise and borrow from time to time for the purposes of the said bridge, and of matters Gonnected with the con struction and maintenance thereof, such sUni or sums as shall be by it deemed to be necessary therefor, not exceeding in the whole the Sllm of eleven thousand five hundred pounds. It shall also be lawful for the Wanganui East Borough for the purposes aforesaid, and it. is hereby authorized, to raise and borrow from time to time for the purposes of the said bridge, and of matters connected with the con struction and maintenance thereof, such sum or sums as shall lIe by it deemed to be necessary therefor, not exceeding in the whole the sum of eleven thollsand five hundred pounds: Provided that no greater rate of interest shall be paid than five pounds per centum per annum upon any sum or sums so borro~ved. Bridge to be vested 5. The said bridge and every part thereof shall ii"om tIlne to in and under control of Wanganui time as the same is constructed become part of the \Vanganui Borough. Borough, and be within the district of the Wanganui Borough, and shall be vested in and be under the control of the Wanganui Borough. Power to construot 6. Notwithstanding anything to the contrary contained in the tramway over bridge. 'l'ramways Act, 1908, the Wanganui Borough, subject to sneh exten sion Leing duly authorized under the said Act, may construct. 01 contract for the construction of, and may work or contract respectlllg the wOtking of, a tramway to and upon the said bridge, a:nd ll~ay make agreements with any other local body for the contllluatlOll thereof, and may use thereon or permit the use thereon of such motive power as lllay be authorized in such authorizing order. Incorporation of 7. The provisions of the Munieipal Corporations Act, 190tl, certain Acts. cy and the Public Works Act , 1908 , relatinD to bridges are illcorporated herewith. 13 ~EO. V.] Wanganui River Trust Amendment. [1922, No.15. 451 (7.) rfbe Returning Officers for the purpose of this section shall be- ea.) For the Borough of Wanganui, the Returning Officer for the time being of such borough: (b.) For the Borough of Taumarunui, the Returning Officer for the time being of such borough: (c.) For the district comprising the area firstly and thirdly described in the Schedule, an officer to be appointed by the County Council within whose district the said area is situated. 6. The Board may; as soon as conveniently may be after its Powers of the reconstitution,- Board. (a.) Purchase, charter, hire, or otherwise acquire from time to time, as the Board may consider desirable, necessary, or expedient, one or more steamer or steamers, motor-boat or motor-boats, canoe or canoes, launch or launches, or other vessel or vessels (hereinafter referred to as "the vessels "), and all necessary requisite or usual furnish ings, fixings, gear, plant, machinery, accessories, matters, belongings, and things appurtenant or belonging to such vessels or any of the same: (b.) Carryon the business or businesses of common carriers on the Wanganui River, shipowners, shipping and forwarding agents, or any other business or businesses connected with or incident to all or any of the businesses or under- takings before mentioned: ,. • (c.) Acquire and undertake the whole or any part of the business or property of any person or company carrying on business on the Wanganui River as a common carrier: (d.) Employ the said vessels in the conveyance of passengers, goods, articles, and things of any kind to and from such place or places on the Wanganui River as the Board may deem expedient: (e.) Enter into any contract or contracts, deed or deeds, arrange ment or arrangements, with the Government of New Zealand for the carriage of His Majesty's mails: (f.) Accept and receive any subsidy or subsidies, payment or payments, or other remuneration or reward for the carriage of such mails: (g.) Erect, construct, finish, and complete, at such suitable place or places on the Wanganui River a,s the Board may determine, one or more accommodation house or houses for the entertainment, boarding, or lodging of passengers travelling on the said vessels, or other person or persons: (h.) Purchase or otherwise acquire, with or without all or any furniture, fi_xturoo, fittings, and appliances therein, any accommodation house or houses, boarding house or houses, on the \Vanganui River: (i.) Erect, construct, build, equip, furnish, and c9mplete all buildings, workshops, and conveniences for the over hauling, docking, repairing, redocking, or mending of the said vessels or any of them, or the manufacture, makings 29* 70 • 452 1922, No. 15.] Wanganui River Trust Amendment. [13 GEO. V. or supply of any machinery, engines, boilers, or other appliances, matters, or things, or the repairs, overhauling, or mending of any such machinery, engines, boilers, appliances, or things aforesaid: Provided that no such buildings, workshops, or conveniences shall be erected below high-water mark of ordinary spring tides unless and until the .approval of the Governor-General in Council has been first obtained in manner provided by section one hundred and fifty of the Harbours Act, 1908 : . (j.) Purchase, hire, or otherwise acquire any machinery, engines, boilers, tools, or other appliances as the Board may consider desirable, necessary, or expedient: (k.) Use the said vessels for clearing and keeping open the navi gable waters of the Wanganui River, and for carrying out any works which the Board is empowered to carry out. ) Further powers 7. The Board may from time to time appoint or reappoint fit of the Board. persons. to be master, engineers, officers, and servants to navigate and manage the said vessels, and all other officers, officials, clerks, and servants it may deem necessary to assist in the execution of this Act, and pay such salaries out of its funds as it may think fit. Power to make S. The Board may, by resolution from time to time, and subject regulations, &c. to the approval of the Minister of Marine, make, alter, and revoke regulations fixing charges to be made for the carriage of goods and passengers by the said vessels, for the storage of goods in any of the Board's goods-sheds or storehouses, and for the use of the jetties, wharves, goods-sheds, or storehouses of the Bbard and other property under the Board's control. Repea.l 9. (1.) The Board shall be deemed to be a River Board under Trust to be River Board with the River Boards Act, 1908, and may exercise a.ll or any of the certain powers. powers conferred on River Boards by that Act or any amendment thereof, save that the powers conferred by the River Boards Act, 1908, or its amendments, relating to the borrowing of money shall not apply, and shall not be exercisable by the Board. (2.) This section is in substitution for section four of the principal Act, and that section is hereby repealed. Power to borrow. 10. (1.) The Board may from time to time borrow such sums of money as are necessary for all or any of the purposes, objects, or undertakings authorized pursuant to this Act. (2.) Such sums shaH be borrowed in the manner prescribed by the Local Bodies' Loans Act, 1913, all the provisions of which Act (save Parts II and III thereof) shall accordingly extend and apply as if the Board were a local authority within the meaning of that Act: Rate of interest, &c. Provided that the rate of interest payable in respect of any such loan shall not exceed five and a half per centum per annum, unless in- anycase the Minister of Finance has, by writing under his hand, agreed to some higher rate, in which case the rate of interest p~tyable as aforesaid shall not exceed such higher rate. Roll of ratepayers 11. (1.) For the purposes of every poll of ratepayers to be ta.ken of district. under this Act the rolls of ratepayers of the districts comprI?ed wholly or in part within the area described in the Schedule (wlnch area for the purposes of the Local Bodies' Loans Act? 1913, and for '~ (.::;,~ l .~ 13 G-EO. V.] Wanganui River Trust Amendment. [1922, No. 15. 453 the purposes of sections ten, eleven, twelve, and fourteen of this Act is to be deemed the district of the Board), or so much of those rolls as relates to land within the district of the Board, shall be deemed to be the roll of the ratepayers of the Board's district. (2.) It shall be the duty of the Clerk of the local authority of each district comprised wholly or in part within the Board's district, whenever requested so to do by the Board, to supply to the Board a certified roll of the ratepayers of such district, together with as many copies as the Board may require. (3.) The cost of preparing any roll of ratepayers for the purposes of this section and of supplying copies thereof shall be paid by the Board. 12. (1.) At any poll taken on a proposal of the Board to borrow Voting on propo811.1 money only those persons whose names appear on the roll of rate- to borrow money. payers shall be entitled to vote, and every such ratepayer shall have " one vote only. ' ) (2.) If the total number of valid votes recorded in favour of any such proposal is at least three-fifths of the total number of valid votes recorded at the poll, then, and not otherwise, the proposal shall be deemed to be carried. (3.) At any such poll the vote of any ratepayer mfLy be recorded at any polling-place within the district in which is situated the rateable property in respect of which he is a ratepayer, or at any polling-place within the Board's district which may be specially appointed as a polling-place at which may be recorded the votes of ratepayers~ i'rrespective of the location of the rateable property in respect of which they are entitled to vote. 13. In addition to the powers conferred on the Board by section Power to mortgage. ten hereof, the Board may mortgage or otherwise give security over, and either by way of collateral security or otherwise, the said vessels or any of them, or any other property authorized to be acquired by the Board pursuant to this Act. Such mortgage may contain a power of sale on default being made in payment by the Board of principal or interest moneys, or the breach, non-observance, or non-performance ;:,of any covenant or agreement on the part of the Board, and on such ~defanlt continuing for thirty days, and all other usual and proper covenants applicable to mortgages or securities of chattels. 14. Any general or special rates that may hereafter be made Rating-aroa. and levied by the Board may be levied on all rateable property within the area described in the Schedule hereto as if that area were the district of the Board. SCHEDULE. Schedule. - -;.. FIRSTLY, all that area of land commencing at a point in the eentre of the Wanganui River opposite the northern boundary of Section 2B, Omaru Block, Block XI, Waipakura Survey District; thence generally in an easterly direction along - the northern boundary of Subdivision 2B, Omaru Block, the eastern boundary of the Patupa Block, and Subdivision I, Pukekowhai Block, to the south-western corner of Subdivision 3, Pukenui Block; thence generally in a north-easterly direction by ~heIsouth-eastern boundaries of said Subdivision 3, Pukenui Block; thence following the north boundary of Section 3 to the southern corner of Subdivision 120; thence /L 1922, No. 15.] Wanganui River Trust Amendment. [13 GEO. V. following the south-eastern and north-eastern boundaries of Subdivision 120, Kaitangata Block, to the Whariki Stream; thence up that stream to the southern boundary of Subdivision 3A, Kahakaha Block; thence easterly to the south-eastern corner of the said Subdivision 3A; thence following the western boundary of Block VIII, Waipakura Survey District, the south-western boundary of Subdivision 2A, and the eastern boundaries of Section 3, Block VII, to the Pitangi Road; thence along the Pitangi Road in a northerly direction to Section 2K, Tauakira Block; thence following the southern and eastern boundaries of the said Section 2K to the south-eastern corner of Section 2L, Block XVI, Tauakira Survey District; thence in an easterly direction, being the southern boundaries of Sections 2GG of Tauakira Block and 2E, Tauakira Block;. thence north-easterly to the northernmost corner of Section 2n; thence to and along the eastern and northern boundaries of Section 2nn, and part of Section 2EE, to the trig. shown on the plans as Aratawa; thence generally in a north-westerly direction to the Matahiwi-Ohutu Road, being the eastern boundary to Section 1, Block XII; thence following the Matahiwi-Ohutu Road in a south-westerly direction to the south-eastern corner of Section 1, Block VII, Tauakira Survey District; thence following a northerly line along the eastern boundary of Section 1, Block VII aforesaid, to its junction with the Pukupuku Stream; thence following the stream north-westerly to the most northerly point of Section 1, Block VII aforesaid; thence due north to the Orouanga Stream; thence generally westward along the northern boundaries of Ngarakauwhakarara Block, continuing in a westerly direction along the northern boundary of the Ranana Block to the Tunupu Trig.; thence running north-easterly to a junction with the Matihope Stream, and following that stream till it joins the Mangoihe Stream, following that stream to the south-eastern corner of Section 17, Block XV, Rarete Survey District, along the eastern boundary of the said Section 17, to the Mangoihe road-line; thence in a westerly direction along the said road to the north-westerly corner of Section 17, Morikau No.2; thence in a northerly direction along the eastern boundary of Section 11, Block XI; thence in an irregular north westerly direction along the eastern boundary of Section 15, Block XI, Rarete Sqrvey District; thence easterly along the southern boundary of Section 18, Bl6ck XI aforesaid, to the Pipiriki-Raetihi Road; thence along the northern boundary of the Pipiriki-Raetihi Road to a point in line with the south-eastern corner of Section 8, Block X, Rarete Survey District; thence by a right line across the scenic reserve to the aforesaid south-eastern corner; thence in a northerly direction to the Kaitara Trig., being the eastern boundaries of Sections 8 and 6, Te Autumutu Block; from thence in an easterly direction to Kiekie Trig.; and from thence to the south-eastern corner of the Ngaporo Block; from thence, running in a north-westerly direction, to the Te Ruakaka Trig., being eastern boundary of the Ngaporo Block; from thence to the south-western corner of Section Q, from that point running in a north-westerly direction along the south-western boundary of Section Q to the Manganui-o-te-Ao River; thence northerly along the Manganui-o-te-Ao River to a point in line with the north-eastern boundary of Section A, Waimarino No.3; thence north-westerly along that boundary to the most northerly corner of Section A; thence south-westerly along the north-western boundary of the said Section A to the south-western corner of Section 8, Block V, Rarete Survey District; thence northerly along the western boundary of the said Section 8 to the road forming the eastern boundary of Section 7, Block XV, Whirinaki Survey District; thence northerly and westerly along the eastern and northern boundaries of the said Section 7 to the Ngapuke\\'hakatara Trig.; t.hence north-easterly along the south-eastern boundary of Waimarino No.5 Block to its most easterly corner; thence north-westerly along the north-eastern boundary of the aforesaid Waimarino No.5 Block to the Whirinaki Trig.; thence generally northerly along the western boundaries of Sections 5, 4, 3, 2, and 1, Block VI, Whirinaki Survey District, to the Jlorth~stern corner of the last-mentioned section; thence northerly and easterly along the northern boundary of Section 1, Block III, Whirinaki Survey District, to .t~e Waipapa Valley Road; thence easterly along that road to its junction with the Raetlhl Ohira Road; thence easterly along that road to the south-eastern corner of Section 4, Block III, Whirinaki Survey District; thence northerly along the eastern boundaries of Sections 4, 8, and 9, Block III, Whirinaki Survey District, to the southern boundary of the Kaitieke County as described in New Zealand Gazette, 1917, page 1168; thence by that boundary to the Wangallui River; thence northerly along the left bank of the said Wanganui River to a point opposite the mouth of the Ohura River. 13 GEO. V.] Wanganui River Trust Amendment. [1922,!No. 15. 455 Secondly, all that area comprising the Borough of Taumarunui as described in the New Zealand Gazette No. 79, of 25th August, 1910. Thirdly, all that area of land commencing at a point at the mouth of the Ohura River; thence along the said Ohura River in a northerly direction to the northern boundary of Section 3D, Block VI, Heao Survey District; thence in a north-westerly direction along the northern boundary of 3D and A 5F to the north-western corner of A 5F; thence in a southerly direction along the western boundary of A 5F to the south eastern corner of A 50 1; thence westerly along the southern boundary of said section to the Heao Stream; thence in a southerly direction along the Heao Stream to the junction with the Tangarakau River; thence in a north-westerly direction following the Tangarakau River to its intersection with the northern boundary of Block VII, Mahoe Survey District; th~nce following the northern boundary of Block VII and the western boundary of Blocks VII, XI, and XV of the said Mahoe Survey District to its intersection with the north-eastern boundary of Subdivision 3 of part of Pahautuhia Block, Block XIV, Mahoe Survey District; thence by Subdivision 3 to the trig. known as Whakaihuwaka, Mount Humphries; thence in a southerly direction along the southern boundaries of Sections 1, 2, 3, 4, and 5, along the Whakaihuwaka Road to the Te Mapou Trig.; thence continuing in a southerly direction to the Maungarau Trig., being the boundary between the Stratfor~, Patea, and Waitotara Counties; thence continuing along the Pokeka Road and Pipiriki Road in a southerly direction to the junction with the Makakaho Road; thence along the Makakaho Road to its junction with the Watershed Road; thence by the Watershed Road to a point near the Taurangapiopio Trig., being the western corner of Section 2, Block XII, Momahaki Survey District; thence in a north-easterly direction along the boundary of Section 2 to Ahuahu Road; then easterly along the Ahuahu Road to the north-eastern corner of Section 2; thence in a southerly direction along the eastern boundary of Section 2 to the north-eastern corner of Section 7, continuing south along the eastern boundaries of Sections 7 and 6, crossing the Kauarapaoa Road, and thence along the south western boundary of Section 1, Block XVI, Momahaki Survey District, and Section 4, Block XIII, Tauakira Survey District, to the south-western corner of the Ahuahu North Reserve; thence along the southern boundary of the said North Reserve and boundary of Section 1 to its junction with the Kauarapaoa Road; thence in a south easterly direction by the Kauarapaoa Road to the south-eastern corner of the Kauara paoa Block; thence along the southern boundary of that block in a westerly direction to the junction with the Mangaiti Stream; thence following the stream in a southerly direction to the northern corner of Sections 21A and 22; thence westerly along the southern boundary of the Tokomaru Block to the Ridge Road; thence in a south- easterly direction along the Ridge Road to the Wanganui River. 6 J Fourthly, all that area of land comprising the Borough of Wanganui as described -. ,., '_ •• -1 f:!Mbffp. No. 92. of the 19th December, 1912. A~~~ b~' Sec. 138 Se ,:~he Wanganu{ak/)f 1925 No. 46 b " - ~ Vol. 1922, P. 454. 'er to the pOln~ ~~lttg \\"ords ruled conlnlencement." out and SUbstitutg "th ence dOwn Amd. b,·. S ee. 13S (b) Sehd the cen t"e of of l!i25 Xo. 4G. --.:..... On P 455. ( l4 GEO. V.] Wangan'ui Harbour DistTid f!1l1l [1023, No. I. 415 . Empower·ing Amendment. ------~------ Npw Zcalantl. Title. AXAT,YSIS. l. Short Title. I 4. Returning Officer. 2. Power to borrow further sum of £200,000 for 5. Po~ling.hours. completion of harbour·\Vork.q. ! 6. Application of provisions of principal Act. 3. Preparation of special roll for poll of rate· Repeal. payers. Repeal. Schedule. 1923, No. I.-Local and Personal. AN ACT to amend the Wanganui Harbour District and Empowering Title Act, 1913. [22nd August, 1923. BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the au}40rity of the same, as follows :- 1. This Act may be cited as the Wanganui Harbour District and Short Title. Empowering Amendment Act, 1923, and shall be read together with and deemed part of the Wanganui Harbour District and Empowering Act, 1913 (hereinafter referred to as the principal Act). 2. (1.) In addition to the authority conferred upon the Board by P.ower to borrow . section six of the principal Act, as amended by section forty-two of ~~~~~m of the Reserves and other Lands Disposal and Public Bodies Empowering completio::f Act, 1918, the Board is hereby authorized; subject to the provisions harbour·works. of the principal Act, to borrow a sum or sums, not exceeding in the aggregate two hundred thousand pounds, to be applied to the purposes set out in the Schedule hereto, being works authorized by and defined in section five of the prinpcial Act. (2.) The Board may, out of moneys borrowed pursuant to the authority conferred by this section, pay- (a.) The cost and expenses incurred in connection with the borrow ing of such moneys, including the cost of preparing the special roll hereinafter mentioned and of taking the poll of the ratepayers; (b.) The first year's interest and sinking fund in respect of any moneys so borrowed; and (c.) The cost of promoting this Act: and may also, out of moneys so borrowed, repay to any account any sum or sums advanced therefrom and applied after the passing of this Act, but -prior to the raising of snch moneys or any portion 7s 416 1923, No. 1.] Wanganui Harbour District and Empowering Amendment. thereof, to the purposes for which such moneys are authorized borrowed. Preparation of 3. (1.) For the purposes of this Act the Clerks of the specia.l roll for poll of ra.tepayers. . boroughs, town districts, and County Councils comprised in or in part within the harbour district shall, at the request Chairman of the Board (to be made not earlier than three months before the date proposed for the taking of a poll Act), and at the cost of the Board, supply to the Board, calendar month from the date of such request, a list names and occupations of the persons whose names appear occupiers column of the district valuation roll then last the respective local bodies by the Valuer-General, acting Valuation of Land Act, 1908, in so far as such roll relates lands situate within the harbour district. The said list shall the situation of at least one property of every occupier. (2.) Every such list shall be corrected up to the date it is supplied to the Board, and shall be duly certified to by respective Clerks. . (3.) From the particulars supplied under the foregoing T\l"£\U1cnl this section the Secretary to the Board shall prepare a the names and occupations and the situation of the property person whose name appears on any of the aforesajd lists. roll shall be signed by the Chairman and two members of the and shall be the roll upon which any poll shall be taken Act, and shall be conclusive so far as it extends, and shall be in evidence in proof of the facts therein appearing. Repeal. (4.) This section is in substitution for subsection three of eight of the principal Act, and that subsection is hereby repealed. ... Returning Officer. 4. The Board shall appoint some person to be the Officer for the conduct of any poll to be taken uhder this Act. Polling-hours. 5. Every poll to be taken for the purposes of this commence at nine o'clock in the forenoon of the day ,ppo:'mtea; shall close at seven o'clock in the afternoon of the same Application of 6. (1.) Save as otherwise provided in this Act, the provisions of priucipal Act. the principal Act shall apply with respect to all moneys . under the authority of this Act, and to every poll of ratepayers' or proposed to be taken for the purposes of this Act. Repeal. (2.) Section forty of the Reserves and other La~ds Public Bodies Empowering Act, 1913, in so far as It relates principal Act is hereby repealed. SCHEDULE. Schedule. CONSTRUCTION of harbour-works detailed in plans deposited with the, ? Department and numbered M.D. 5218, M.D. 4294, and M.D. 5692... Purchase of electric travelling-cranes. Purchase of tug. Purchase of dredge (balance of purchase-money). Erection of accommodation for watersiders, &c. 790 1926, No.5.] Wanganui Harbour District and Empowering [17 G-EO. V. Amendment. New Zealand. A.NA.LYSIS. Title. 'I 3 Incorporation of provisions re taking of poll as 1. Short Title. set out in the Wanganui Harbour District 2. Powel· to borrow further SUlll of £4U,U(JO for I and Empowering Amendment Act, 1923. harboue-works. nchedulc. 1926, No. 5.-Local and Personal. Title. AN AOT to amend the Wanganui Harbour District and Empowering Act, 1913. [31st August, 1926. BE IT EN ACTED by the General Assembly of New Zealand in Parliament assembled! and by the authority of the same, as follow\> :- Short Title. 1. This Act may be cited as the Wanganui Harbour District and Empowering Amendment Act, 1926, and shall be read together with and deemed part of the Wanganui Harbour District and Empowering Act, 1913 (hereinafter referred to as the principal Act). Power to borrow 2. (1.) In addition to the authority conferred upon the Board by furthel sum of £40,000 for section six of the principal Act, as amended by section forty-two of the harbour·works. Reserves and other Lands Disposal and Public Bodies Empowering Act, 1918, and as further amended by the Wangallui Harbour District and Empowering Amendment Act, 1923, the Board is hereby authorized, subject to the provisions of the princi.pal Act amended as aforesaid, to borrow a sum or sums not exceeding in the aggregate forty thousand pounds, to be applied for the purposes set out in the Schedule hereto. _ (2.) The Board may, out of moneys borrowed pursuant to the authority conferred by this section, pay- (a.) The cost and expenses incurred in connection with the borrowing of such moneys, including the cost of preparing the special roll hereinafter mentioned and of taking the poll of the ratepayers; (b.) The first year's interest and sinking fund in respect of any moneys so borrowed; and (c.) The cost of promoting this Act: 77 17 GEO. V.] Wanganui Harbour District and Empowering [1926. No.5. 791 A.mendment. and may also, out of moneys so borrowed, repay to any account any sum or sums advanced therefrom, or any portion thereof, and applied after the passing of this Act but prior to the raising of such moneys to the purposes for which such moneys are authorized to be borrowed. (3.) For the purpose of providing a sinking fund for the liquidation of the sum raised under the authority of this Act the Board shall in every year set aside out of the revenue of the Board a sum equal to one pound per centum .on the amount of all securities given under this Act. (4.) The Board may also at any time appropriate any part of the Harbour Fund not appropriated for any special purpose, and pay the same to the Commissioners hereinbefore mentioned, to be applied to the purposes mentioned in subsection one of this section. , (5.) The Board shall appoint two or II,lore Commissioners for the ) purposes in this section mentioned. 3. The provisions of sections three, four, five, and subsection one Inco~ration of, . . f h W . H b D" dE' proVlslonsretakmg of sectIon SIX 0 t e a~ganUl ar our .lstnct an . mpowermg of poll as set out in Amendment Act, 1923, relatlve to the preparatlOn of a speclal roll and to the Wanga~ui. ·· f h . . f h .. I Harbour DlStnct t h etakin goaf po 11 and t h e app1 watlon 0 t e prOVIsIOns 0 t e prmClpa and Empowering Act, shall apply for the purposes of this Act as if the same had been set. Amendment Act, out in full herein. 1923. SCHEDULE. Scheuule. PROVIDING at Castlecliff- (a.) Freezing-works and cool chambers. (b.) Warehouses, storehouses, sheds, and ot.her buildings for harbour purposes. (c.) Office accommodation. 20 GEO. V.] TV anganui Harbour District and '1929, No. 17. 273 . Empowering Amendment. New Zealand. ANALYSIS 4. Incorporation of provisions re taking poll as set out in the Wanganui Harbour District Titl~. < and Empowering AmE'ndment Act. 1923. 1. Short Title. 5. Limitation of section 12 of the Wanganui 2. Special Act. Ha.rbour District and Empowering Act, 3. Power to borrow a. further sum of £200,000 for 1913. harbour· works. Schedule. 1929, No. 17.-Local and Personal. AN ACT to amend the 'Vanganui Harbour District and Empowering Title. Act, 1913. [1st Novemher, 1929. BE IT ENACTED by the General Assembly of New Zealand in Parlia ment assembled, and by the authority of the same, as follows :- 1. This Act may be cited as the 'Vanganui Harbour District and ShortTitIe. Empowering Amendment Act, 1929, and shall be read together ,,-jth and deemed part of the Wanganui Harbour District and Empowering Act, 1913 (hereinafter referred to as the principal Act). 2, This Act shall be deemed to be a special Act within the'" Special Act. meaning of the Harbours Act, 1923. 3. (I) In addition to the authority conferred upon the Board by Power to borrow a the principal Act as amended by section forty-two of the Reserves i~~l~'f of and other IJands Di'3posal and Public Bodies Empowering Act, 1918, harb;lUr.w~~ks. and as further amended by the Wanganui Harbour District and Em- powering Amendment Act, 1923, the Board is hereby authorized, subject to the provisions of the principal Act amended as aforesaid, to borrow a sum or sums not exceeding in the aggregate two hundred thousand pounds, to be applied for the purposes set out in the Schedule hereto: Provided, however, that where the amount of moneys specified in the said Schedule against any particular work is more than sufficient for such particular work and leaves a surpl~s remaining after the completion of such particular work, such surplus may be applied in .the completion of any other of the said works specified in the said Schedule if the amount appropriated to any such work is not sufficient for its completion: Provided further that if on the completion of the whole of the works specified in the Schedule hereto it is found that any moneys raised are 18 19 3608 THE NEW ZEALAND GAZETI~E No. 12~ foreshore or lands in the vicinity of New River Harbour or Mosgiel Boroug!l-Sil,'erpcaks County Boundaries Allam" its enhance; the limits of which are more particularly shown Order 1982 coloured red on plan MD 16130 deposited in the office of the Secretary for Transport at Wellington. DAVID BEATIlE, Governor-General P G MILLEN, Clerk of the Executive Council. ORDER IN COUNCIL (l\1.0.T. 54 ·14/95) At the Government House at Wellington this 18th da, October 1982 EXPLANATORY NOTE Present: This note is not part of the order bllt is intended to indicate HIS EXCELLENCY TilE GOVERNOR-GENERAL IN COUNCil the general effect. PURSUANT to the Local Government Act 1974. His Excdlc-II The lnvercargill City Council is granted by the Order the Governor-General, acting by and with the advice ~lt~' control of the foreshore of Oreti Beach, New River Harbour, consent of the Executive Council, hereby makes the follo\\ II" the Oreti Ri\er dO\\nstream of the Dunns Road Bridge, the order: \Vaihopai Ri\er and the foreshore southward to Barracouta Point ORDER 1. Title and eommellecment-(I) This order may be ci k,j the Mosgiel Borough-Silverpeaks County Boundaries Alt<:I., Tire lVanganlli Ril'(!r, Ongarue Ri,'er and Relaruke River tion Order 1982. Walers COlltrol Order 1982 (2) This order shall come into force on the 1st da, <'! April 1983. DAVID BEATIlE, Govcrnor-General 2. Boundaries of Sih'erp~ks County and MosgieI Born!!l'!: ORDER IN COUNCIL altered-The boundaries of Silverpeaks County and Mosl!': Borough shall be altered by: At the GO\ emment House at Wellington this 26th day of October 1982 (a) Excluding from Silverpeaks County and including ill l\1osgiel Borough the areas described in the 1 ;1\1 Present: Schedule to this order; and HIs EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL (b) Excluding from Mosgiel Borough and including ;1 Pt;RSUANT to section 8A of the Harbours Act 1950, His Silverpeaks County the areas described in the Secol" Excellency the Governor-General, acting by and with the Schedule to this order. advice and consent of the Executive Council, hereby makes 3. Effect on ridings-The areas described in the Sec"I" the following order. Schedule to this order shall form part of the Otokaia Ridi,,: in Silverpeaks County. ' ORDER 4. Transfer of po"ers. functions and other responsibilitks 1. Title and eommenecment-( I) This order may be cited as The Mosgiel Borough Council, in respect of the areas describe, the Vianganui River, Ongarue River and Retaruke River in the First Schedule to this order, and the Silverpeak Waters Control Order 1982. Count) Council, in respect of the areas described ill til, (2) This order shall come into force on the 1st day of Second Schedule to this order: November 1982. (a) Shall have and may exercise and be responsible rOt ai 2. Interpretation-In this order- the powers, duties, acts of authority, and functi"I1· which were previously exercised, or which woul, "The Act" means the Harbours Aet 1950: have been so exercised, by the territorial autholi,\ "The Commis5ioner" means the Commissioner of Crown from whose district the areas are hereby exc\u(kd Lands, Wellington (b) Shall have and may exercise and be responsible fOI ;Ii 3. Grant of Control-There is hereby granted to the liabilities, obligations, engagements, and contr;'cI Commissioner for a period of 21 years, commencing with the which previously were, or which would havc b<:c'll 1st day of NO\-embcr 1982 and ending with the 31st day of the responsibility of, the territorial authority f nil I October 2003, control of the waters described in the Schedule whose district the areas are hereby excluded; to this order (c) ShaH have and may exercise and be responsible fell a; actions. suits. and proceedings pending by or ag:lill'l 4. Powers of Commissioner--Subject to section 8A of the or which would have ~en the responsibility of Iii Act, the Commissioner may, in respect of the waters to which territorial authority from whose district the ar, I this order applies- are herebv excluded; (a) By bylaw, do anything which a Harbour Board may do (d) ShaH succeed to the bylaws which are in force ;11." by bylaw under section 232 of th::: Act. which are applicable to the authority's altered III (b) Appoint harbourmasters and other officers and define cumstances and, until revoked or altered by Slil or limit their powers and duties. authority, every such bylaw shall remain in [(1f, 5. Revocations-The following orders are hereby revoked in the area in which it was in force immedi:;!l' before the alteration of boundaries; and ever~' b\ 1;1\ (a) The Wanganui River Scenic Board Waters Control Order which cannot be restricted to the area shall P 1975*, and deemed inapplicable and revoked in respect of 111 (\:»The Wanganui River Scenic Board Waters Control Order area bv the alteration of boundaries; 1975, Amendment No. It. (e) Shall succeed to all rates or levies and other 1111 11 \. *New Zealand Gazette 1975, p. 2845 payable to the territorial authority from whose di,\lI, tNew Zealand Gazette 1982, p. 324 the areas are herebv excluded: (0 ShaH succeed to the valuation rolls, electoral rolls ;11' SCHEDULE rate records in force in the area, and these ~h' remain in force until such rolls or records arc tll;\I ALL those waters of the Wanganui River commencing at a for it: and until that time Part IX of the Rati.' line across the river bearing 134° true from the southern Act 1967 shall apply as if the district in which th'~ comer of Raorikia Maori ReseT\'e and extending upstream to areas were included was the district of a spel C a line passing due north across the river through the northern purpose authority and the areas from which it \\ , most tip of Whakapapa Island as more particularly shown on formed were constituent districts. plan MD 15611, deposited in the office of the Secretary for 5. VestinJ! of land-The corporation of Mosgiel Bon)lI~ Transport at Wellington. in respect of the areas described in the First Schedule to 11: All those waters of the Ongarue River, extending upstream order, and the corporation of Silverpeaks County in rcsP" from the confluence of the Wanganui River and the Ongarue of the areas described in the Second Schedule to this (11,1, h River t(, the State Highway No.4 bridge as more particularly shall have vested in it, subiect to all existing encumbtal ' shown edged red on plan MD 16042. deposited in the office all land in the areas vested in the corporation of the It'll • the Secretary for Transport at Wellington. torial authority from which the areas are excluded. All those waters of the Retaruke River, extending 700 6. Mayor, chaimtan and principal administrative offin'f metres upstream from the confluence of the Wanganui River The mayor and principal administrative officer o( the M(lC!!'n and the Retaruke River as more particularly shown on plan Borough Council shall exercise the duties, powers, and ftl MD 16043, deposited in the offiee of the Secretary for lions of the chairman and principal administrative officer .~ Transport at Wellington. the Silverpeaks County Council in respect of the :1~:i' described in the First Schedule to this order; and !he c1\1 P. G. MILLEN, Clerk of the Executive CounciL man and principal administrative officer of the Sllverr~~1 (M.O.:r. 54/14177) County Council shall exercise the duties, powers, and funco 302 Conservation A c..t 1987, No. 65 or entered into pursuant to, by, or under the Wildlife Act 1953 or any fonner corresponding enactment; or (b) Any protection notice issued pursuant to section 36 of the Historic places Act 1980; or (c) Any district anglers notice given pursuant to section 71 of the Fisheries Act 1983;- to the Minister of, Secretary for, or Department of Internal Affairs shall be read as a reference to the Minister, Director General, or, as the case may be, Department of Conservation_ (8) After the commencement of this Act, references in any bylaws made under section 56 of the National Parks Act 1980 to the Department of Lands and Surveyor to the Commissioner of Crown Lands shall be read as references to the Department of Conservation or to the Director-General of Conservation, respectively. (9) The following orders are hereby amended by omitting from the definition of the tenn "Minister" or, as the case requires, of the tenn "Director-General" the word "Lands", ana substituting, in each case, the word "Conservation": (a) The Lake Waikaremoana and Lake Waikareiti Waters Control Order 1982: (b) The Fiordland National Park Lakeshore and Lakebed Control Order 1986: (c) The Abel Tasman National Park Foreshore Control Order 1986: (d) The Abel Tasman National Park Waters Control Order 1986. ( 10) The following orders are hereby amended by omitting from the definition in clause 2 of the tenn "The Commissioner" the words "Commissioner of Crown Lands, I, Wellington" (in the case of the first order) and the words "Commissioner of Crown Lands, Auckland" (in the case of the second order), and substituting, in each case, the words "Director-General of Conservation": (a) The Wanganui River, Ongarue River and Retaruke River Waters Control Order 1982: (b) The Northland Harbour Board and Commissioner of Crown Lands, Auckland, Foreshore Control Order 1987. ( II ) The orders specified in subsections (9) and (10) of this section may be amended or revoked as if the amendments effected by those subsections had been effected by Order in Council made under section 165 of the Harbours Act 1950. 274 '1929, No. 17.] Wanganui Harbour District and [20 GEO. V. Empowering Amendment. _ not required for the completion of the specified works, such surplus shall be paid into the sinking fund established under this Act, or otherwise applied towards the repayment of the loan. (2) The Board may, out of the moneys borrowed pursuant to the authority conferred by this section, pay- (a) The cost and expenses incurred in connection with the borrow ing of such moneys, including the cost of preparing the special roll hereinafter mentioned and of taking the poll of the ratepayers; (b) The first year's interest and sinking fund in respect of any moneys so borrowed; and (c) The cost of promoting this Act. (3) For the purpose of providing a sinking fund for the liquidation of the sum to be raised under the authority of this Act the Board shall in every year set aside out of the revenue of the Board, and pay to the Commissioners hereinafter mentioned, a sum equal to one pound per centum on the amount of all securities given under this Act. (4) The Board shall appoint two or more Commissioners for the purposes in this section mentioned. (5) Any moneys so paid to the Commissioners may be invested as provided by subsection two of section nine of the principal Act. (6) The Board may also at any time appropriate any part of the Harbour Fund not appropriated for any special purpose and pay the same to the Commissioners hereinbefore mentioned, to be applied to ~the purposes mentioned in subsection five of this section. Incorporation of 4. (I) The provisions of sections three, four, five, and subsection k;ZSio~te et one of section six of the Wanganui Harbour District and Empowering out i!l::'e ~;ga.nui Amendment Act, 1923, relative to the preparation of a special roll and H~~ D18t~ct to the taking of a poll, and the application of the provisions of the :nen~;e~t. principal Act, shall apply for the purposes of this Act as if the same 1923. had been set out in full herein. (2) For the purposes of the last preceding subsection there shall be deemed to be inserted the words "the Town Clerk of the City of Wanganui and" after the words "For the purposes of this Act," appearing in subsection one of section three of the Wanganui Harbour District and Empowering Amendment Act, 1923. Limita.tion of 5. The power conferred on the Board by section twelve of the section 12 of the Wanganui Ha.rbour principal Act to levy differential harbour dues on goods shall not District and hereafter be exercised by the Board in any year in which no rate is Empowering Act, made and levied under section ten thereof. 1913. Schedule. SCHEDULE. £ Raising moles .. 12,000 Extending moles (500ft. each) .. 90,000 New dredge .. 50,000 Admiralty claim (" Kaione") .. 15,000 First year's interest and sinking fund .. . . 13,000 Engineering, promotion, flotation, and contingencies lO,OOO Plant and equipment .. 10,000 200,000 1 GEO. VL] Wanganui Harbour District and [l937, No.5. 369 EmpfYWering Amendment New Zealaucl. ANALYSIS. 5. Sinking fund. Title. 6. Po"er to borrow Oll table Preamble. mortgage. 1. Short Title. 7. Repayment to Bank of ~ew 2. Special Act. Zealand. 3. Authority to borrow. 8. Validating temporary borrowing 4. Terms of borrowing. from Bank of New Zealand. 1937, No. 5.-Local and Personal. AN ACT to authorize the vVanganui Harbour Board to Title. borrow the Sum of Fifteen Thousand Pounds to complete the Raising of the Moles at the Mouth of the Wanganui River, and for other Matters incidental thereto. [19th N ovembe'r, 1937. ~ WHEREAS under the provisions of the vVanganui Preamble. , Harbour District and Empowering Amendment Act, 1929, the Wanganui Harbour Board (hereinafter called the Board) was authorized, subject to the provisions therein contained, to borrow, inter alia, the sum of twelve thousand pounds for raising the moles at the mouth of the Wanganui River: And whereas such sum was duly raised in pursuance of such Act and expended for such purpose: And whereas under the provisions of the Wanganui Harbour District and Empowering Amendment Act, 1935, the Board was authorized to divert to the purpose of raising the moles the sum of five thousand four hundred pounds authorized by the Wanganui Harbour District and Empowering 370 1937, No.5.] Wanganui Harbour District and [1 GEO. VI. Empowering Amendment Amendment Act, 1929, to be raised for other purposes and not required therefor: .And whereas such sum of five thousand four hundred pounds was duly raised and expended in raising the moles: And whereas the work of raising the moles is not yet completed, and it is estimated that the cost of completing the raising of such moles and of purchasing the necessary machinery and plant incidental thereto will amount to the sum of fifteen thousand pounds or thereabouts: And whereas the Board is desirous of borrowing without taking a poll of its ratepayers a sum not exceeding fifteen thousand pounds for the purposes of completing the raising of such moles and of purchasing the necessary machinery and plant incidental thereto as aforesaid: And whereas for the purpose of carrying out the works hereinbefore referred to the Board has borrowed certain moneys from the Bank of New Zealand by way of overdraft on an account called" The Wanganui Harbour Board Fund Account, No.3" (hereinafter called the said account): And whereas it is desirable to authorize the Board to raise a sum not exceeding fifteen thousand pounds for the purposes aforesaid, including the repayment to the Bank of New Zealand of the moneys owing on the said account: BE IT THEREFORE ENACTE~ by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:- Short Title. 1. This Act may be cited as the 'Vanganui Harbour District and Empowering Amendment Act, 1937, and shall be read together with and deemed part of the VIf anganui Harbour District and Empowering Act, 1913 (hereinafter referred to as the principal Act). Special Act. 2. This Act shall be deemed to be a special Act within the meaning of the Harbours Act, 1923. Authority to 3. The Board is hereby authorized, without taking borrow. the steps prescribed by sections nine to thirteen of the Local Bodies' Loans Act, 1926, to borrow a sum not exceeding fifteen thousand pounds to be expended for the purposes set out in the preamble hereto. =... Terms of 4. Nothing in the principal Act shall be so construed borrowing. as to affect the operation of the Local Government Loans Board Act, 1926, in relation to the borrowing of moneys under this Act. 1 GEO. VI.] Wanganui Harbour District and [1937, No.5. 371 Empowering Amendment 5. (1) If any moneys are borrowed under this Act Sinking fund. upon terms requiring the creation of a sinking fund the Board may from time to time appropriate any part of the Harbour Fund not appropriated for any special purpo~e and pay it to the Commissioners of the sinking fund to be applied for the purposes of the sinking fund. (2) The Board shall, if a sinking fund is created, appoint two or more Commissioners for the purposes in this section mentioned, and such Commissioners shall be the same Commissioners as are appointed by the Board under the principal Act. ., 6. (1) If the Governor-General in Council in giving Power to consent to the raising of the moneys so determines, borrow on ..;~;) table the Board may borrow any moneys under this Act upon mortgage. terms of making the moneys so borrowed, together with interest thereon, repayable by equal aggregate annual or half-yearly instalments extending over such term of years and at such rate of interest as may be determined by the Governor-General in Council in giving his consent as aforesaid. (2) If any moneys are borrowed under this section amOl!nt of any instalments of principa1 and intercl;f that are payable in respect thereof in any year shall be included in the estimate of expenditure to be prepared for that year under section ten of the principal Act. 7. Out of any moneys borrowed by the Board under Repayment to the authority of this Act, it shall repay to the Bank Bank of New Zealand. of New Zealand the balance for the time being owing to the bank on the said account. 8. K otwithstanding that there may have been no legal Validating a'~ority temporary for the Board to have borrowed any moneys borrowing LUn the Bank of New Zealand under the said account, from Bank of such borrowing and the granting of such overdraft to New Zealand. the Board are hereby validated. 195+ Wanganui Harbour District and Empowering No. 15 1303 Amendment NEW ZEALAND ANALYSIS 6. Consent of ratepayers required. Title. 7. Estimate of revenue and expendi 1. Short Title. ture. 2. Special Act. 8. Reimbursement of Harbour Fund. 3. Harbour works authorized. 9. Authorizing debentures as trustee 4. Power to borrow. investment. 5. Board may make special rate. Schedule. 1954, No. 15-Local AN ACT to amend the Wanganui Harbour District and Title. Empowering Act 1913. [28 September 1954 . 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 Wanganui Harbour Short Title. District and Empowering Amendment Act 1954, and . shall be read together with and deemed part of the u."isa~~u ...• Harbour District and Empowering Act 1913 ter referred to as the principal Act). 2. This Act shall be deemed to be a special Act within Special Act. meaning of the Harbours Act 1950. 3. The Board is hereby authorized, subject to the Harbour works provisions of the Harbours Act 1950 and this Act, to authorized. construct and carry out the harbour works specified in . Schedule to this Act. 4. (1 It shall be lawful for the Board, subject to Power to Dn:)Vj'siclns of the principal Act, the Harbours Act borrow. and the Local Government Loans Board Act 1926, time to time to borrow, in accordance with Part I 1304 No. 15 Wanganui Harbour District and Empowering Amendment of the Local Bodies' Loans Act 1926, a sum or sums exceeding in the aggregate the sum of two hundred seventy-five thousand pounds for the purpose of out the works specified in the Sched.ule to this Act. (2) The money hereby authorized to be is in addition to any money heretofore authorized to. borrowed by the Board under any other Act. (3) The provisions of the Local Bodies' Loans , 1926 shall, as far as they are applicable, apply as if Board were a local authority and the harbour r"o' ..~."" were a district and the said harbour works were works within the meaning of that Act: Provided that, for the purposes of any poll to be under that Act, a majority of the total valid recorded shall suffice to carry the proposal. (4) Where the amount specified in the Schedule against any particular harbour work is than sufficient for that harbour work and leaves a remaining after the completion of that harbour such surplus may be applied in the completion of other harbour work specified in the said Schedule if amount appropriated therein to that other harbour is not sufficient for its completion. Board may 5. In addition to the ch<}.rge on the Harbour make special rate. created by the Harbours Act 1950, the Board make, levy, and pledge for securing repayment of money to be borrowed under the authority of this and interest thereon a special rate or two or more ;:'1-l'~VUI&. rates on all rateable property in the harbour district, so that the total of such rate or rates shall not ex(;eO[l~ five twenty-fourths of a penny in the pound on capital value of all such rateable property in City of Wanganui and five forty-eighths of a penny in pound on the capital value of all such rateable p_~'-''''''"v in the remainder of the district. Consent of 6. The Board shall not borrow any money under this ratepayers required. Act except with the prior consent of the ratepayers of district. For the purposes of the poll to be taken this section, the provisions of sections ten to thirteen the Local Bodies' Loans Act 1926 shall apply, subject to the provisions of this Act and of sections three to five. of . the Wanganui Harbour District and Empowering Amendment Act 1923. Wanganui Harbour District and Empowering No. 15 1305 Amendment • 7. (1) The Board shall in each year cause an Estimate of , b d' h d d' revenue and , to e prepare , ill suc manner an accor mg expenditure. " such principle as the Board approves, of the anticipated rr:v'w.'L'~ of the year (exclusive of any rate to be levied this Act or any previous Act) and the anticipated of the year (including the annual payment , payments to be made, including interest, with respect all money borrowed by the Board under the authority this Act or any previous Act, but exclusive of any '~If""'~A expenditure on any loan account), and shall upon estimate det~nnine the deficiency of the revenue to the expenditure, (2) Any credit or debit balance of the Board's Account at the close of each year shall be carried to the account of the succeeding year for the - ...~.~~o of the estimate of such succeeding. year and the teI'ml'natI'.on of the deficiency of the revenue of such 'eding year to meet the expenditure. 3) The Board may levy or direct the levy, in accord 1'-: .; with the Harbours Act 1950, in each year of such ~t of the said special rate or rates as is sufficient to bvide for the deficiency. ;> • (4) The Board may for the purposes of the levy, or ~uch direction and levy, adopt some convenient fraction a penny, notwithstanding that the sum produced thp'rpt-'\1 may exceed the said deficiency, 8, The Board is hereby authorized to refun& to the Reimbursement ,Harbour Fund, from the money borrowed under the J/ HJrbour authority of this Act, the amount of any money expended un. from the Harbour Fund, whether before the passing of this Act or within six months thereafter, in the carrying ,out or construction of any of the harbour works or other 'purposes specified in the Schedule to this Act, and any amoiInt so refunded shall be deemed to have been applied and expended for that purpose. 9. It shall be lawful f a trustee, unless expressly Authorizing 'forbidden by the instrume t (if any) expressly creating debentures : the trust, to invest any t st funds in his hands in any ~;:~~~t. ,', debentures or other sec ities issued or created by the 'Board, if the repayme t of the loan to which those ?ebentures or other sec ities relate, and interest thereon, IS secured by a special r~te made and levied by the Board , for the purposes of the loan. 1972, No. 11 Wanganui Harbour Board Empowering 1347 of Land Account and the money, together with any interest accruing thereon from the investment thereof, or any part thereof, shall be applied by the Board as it may from time to time think fit in the purchase of land to be acquired in the name of the Board as an endowment for the purposes of the Harbours Act 1950. q( 1346 Wanganui Harbour Board Empowering 1972, No. 11 Leases Act 1969, the Board may sell and transfer for cash to the lessee thereof the fee simple of the land comprised in the lease: Provided that at the time of both such sale and such transfer a building which in the opinion of the Board (whose decision shall be final) is designed for residential purposes and occupied exclusively by persons residing therein as their home is erected on the said land: Provided also that simultaneously such lessee at his own cost and to the satisfaction of the Board arranges for the registration of the effective merger of his leasehold interest in such fee simple or otherwise for the effective extinguishment of his leasehold interest. (2) Any such sale shall be on the basis of the current un improved value of the land, as determined by the Board or, if the lessee is dissatisified with the Board's determination, as fixed by arbitration in manner provided by the Arbitration Act 1908, together with- (a) The value as determined by the Board of any improve ments on the said land effected by the Board or any previous proprietor of the fee simple and not pre viously purchased by the lessee or any previous lessee; and (b) All valuation, survey, and other expenses of the Board relating to the fixation of the sale price and the sale and transfer of the fee simple to the lessee: Provided that, where the lessee elects to have the value fixed by arbitration, notwithstanding any of the provisions of the Arbitration Act 1908 (including the Second Schedule thereto), all costs of the reference and award including arbitrators' and umpires' fees and charges shall be paid by the lessee. (3) On completion of any such cash sale and transfer the land affected thereby shall be freed from all trusts thereto fore affecting it. ( 4) In subsection (2) of this section, the terms "unimproved value" and "improvements" shall have the same meanings as they had in the Valuation of Land Act 1951 immediately before the commencement of the Valuation of Land Amend ment Act (No.2) 1970. 4. Application of purchase money-Where the fee simple -;... of land is sold to the lessee under section 3 of this Act, the purchase money shall be paid by the Board to a special account to be known as the lVanganui Harbour Board Sales 1972, No. 11 Wanganui Harbour Board Empowering 1345 ANALYSIS 2. Interpretation Title 3. Land may be sold to lessees 1. Short Title I4. Application of purchase money 1972, No. II-Local An Act to empower the Wanganui Harbour Board to sell land vested in it pursuant to the Wanganui Harbour and River Conservators Board Act 1876 and the W·anganui Harbour and River Conservators Board Grant Act 1880 [20 October 1972 BE IT ENACTED by the General Assembly of New Zea- land in Parliament assembled, and by the authority of the k, same, as follows: 1. Short Title-This Act may be cited as the Wanganui Harbour Board Empowering Act 1972. 2. Interpretation-In this Act, unless the context otherwise ;, requires, "Board" means the Wanganui Harbour Board, in (; corporated under the provisions of the Harbours Act 1950. ;, . 3. Land may be sold to lessees-( 1) Where any land vested ,; In the Board pursuant to the Wanganui Harbour and River ( ~nservators Board Act 1876 or the Wanganui Harbour and :?' River Conservators Board Grant Act 1880 is for the time being ~;~:. 1eased under paragraphs (e), (f), or (g) of section 5 of ~~, the Public Bodies Leases Act 1908 or paragraphs (e), (f), ~, Or (g) of subsection (1) of section 7 of the Public Bodies ~, 1386 Wanganui Bridge 1968, No. 16 ANALYSIS 1. Short Title Title I 2. Repeal 1968, No. 16-Local An Act to repeal the Wanganui Bridge Act 1883 [25 November 1968 BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: 1. Short Title-This Act may be cited as the Wanganui Bridge Act 1968. 6, 2. Repeal-The Wanganui Bridge Act 1883 is hereby repealed. No. 15 Wanganui Harbour District and Empowering 1306 19~ Amendment Schedule. SCHEDULE - 1. Extension and improvements at Meuli Wharf, £ Castlecliff 12,5( 2. Provision of a wharf at Castlecliff with 600 ft. of berthage and provision for floating plant, including necessary dredging, reclamation, and services I 95,OC 3. Extension and additions to the Castlecliff Basin Wall IS,Ie 4. Protection of the South Spit 1O,OC 5. Provision of miscellaneous plant ..... 4,00 6. Engineering and contingencies 35,4