Wellington City Empowering Act 1889

Wellington City Empowering Act 1889

Local Act1889 No 14
Date of assent16 September 1889

An Act to enable the Council of the City of Wellington to enter into certain Special Arrangements relative to Water-supply, and to raise a Loan for Cemetery Purposes, and for other Purposes.

  • Preamble

    WHEREAS an arrangement has been come to between the General Government and the Council of the City of Wellington, subject to the approval of Parliament, for a reduction in the price usually charged by such Council for the supply of water: And whereas an arrangement has also been come to between the said Council and the J Kitchen and Sons and Apollo Company (Limited), subject to the like approval, whereby, in consideration of such company allowing the said Council to divert for drainage purposes the waters of a certain stream flowing through the premises of the said company at Newtown, the Council was and still is willing to supply the company with water from the Council's waterworks at a reduced price: And whereas the Council is desirous of providing additional cemetery accommodation:

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title
  • The Short Title of this Act is The Wellington City Empowering Act 1889.

2 Water-supply to Government
  • The price to be charged by the Council of the City of Wellington for the supply of water to the General Government of New Zealand from the waterworks of the Council, for whatever purpose used, other than for motive-power, the rate for which shall be the same as charged to ordinary consumers, shall, for the term of ten years, computed from the coming into force of this Act, be the uniform sum of six and two-third cents per one thousand gallons. The said General Government shall, during the said period of ten years, obtain from the said Council all water required by it for whatever purpose and which can be supplied from the said Council's waterworks; and the said Council shall not during that period refuse to supply the said General Government with water from such waterworks.

    The reference to six and two-third cents were substituted, as from 10 July 1967, for the reference eightpence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

3 Arrangement with the company
  • It shall be lawful for the said Council to reduce the price for water to be supplied to the J Kitchen and Sons and Apollo Company (Limited) for purposes for which ten cents per one thousand gallons is now usually charged by the Council, to the sum of three and a third cents per one thousand gallons, to the extent of an average of twelve thousand gallons per day for a term of five years, computed from the date of the completion of the arrangements herein referred to, in consideration of the company permitting the Council to divert, for drainage purposes, the waters of the said stream flowing through the premises of the company at Newtown.

    The references to ten cents and three and a third cents was substituted, as from 10 July 1967, for references to one shilling and fourpence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

4 Loan for cemetery purposes
  • It shall be lawful for the Council by special order, without taking any poll of the citizens as provided in Part 9 of The Municipal Corporations Act 1886, to raise by way of special loan, under the provisions of the said Part of the said Act, a sum or sums not exceeding in the whole fifteen thousand dollars, to be appropriated to the purpose of providing an additional cemetery or additional cemeteries, and for any other purposes incidental thereto contemplated by The Cemeteries Act 1882; and the said Council may, if it thinks fit, pledge and levy as security for the payment of the interest on each loan raised under this present section a special rate within the meaning of the said Act on all rateable property within the said city.

    The reference to fifteen thousand dollars was substituted, as from 10 July 1967, for a reference to seven thousand five hundred pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

5 Cemetery may be established in neighbouring borough
  • Notwithstanding anything contained in section 49 of The Cemeteries Act 1882, it shall be lawful for the said Council to provide, establish, and use any cemetery or cemeteries within the limits of any borough or boroughs in the vicinity of the City of Wellington, provided the Council of any or every borough within which it is proposed so to establish any cemetery shall first consent thereto by special order.