Waimate County Water-races Validation Act 1903

Waimate County Water-races Validation Act 1903

Local Act1903 No 21
Date of assent20 November 1903

An Act to validate the Constitution of the Lower Waihao Water-race District and Lower Pareora Water-race District, and the Construction of all Water-races therein; and all Rates levied and collected, and all Rates and Charges made and collected, and all Acts, Matters, and Things done or purported to have been done, by the Waimate County Council in respect of such Water-races.

  • Preamble

    WHEREAS doubts have arisen as to whether the water-supply districts in the County of Waimate known as the Lower Waihao Water-supply District and the Lower Pareora Water-supply District respectively are legally constituted districts under The Water-supply Act 1891, and as to whether the races constructed within the said districts respectively by the Waimate County Council were legally constructed under the provisions of the said Act: And whereas the Waimate County Council has been levying and collecting rates, and making and collecting rates and charges for water supplied, for a number of years past within the said districts respectively, and it is desirable that all doubts as to the legality of the matters aforesaid, and as to the power of the said Council as to levying rates and making rates and charges as aforesaid, should be removed:

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 Waimate County Water-races Validation Act 1903.

2 Water-race districts and water-races, and rates collected and acts done, validated
  • It is hereby declared that the said Lower Waihao Water-supply District and the Lower Pareora Water-supply District shall be deemed to have been and to be legally constituted districts within the meaning of The Water-supply Act 1891; and all water-races constructed within the said districts respectively shall be deemed to have been and to be legally constructed water-races respectively within the meaning of The Water-supply Act 1891; and all rates levied and collected, and all rates and charges made and collected, and all acts, matters, and things done or purported to have been done by the Waimate County Council in exercise of the powers contained in The Counties Act 1886, or in The Water-supply Act 1891, or conferred on or exercisable by the said Council by any other Act or law in respect of the said water-races respectively are hereby validated. And in particular all plans of such water-race districts and water-races deposited in the Magistrate's Court House at Waimate, certified as substantially correct for the purposes of The Water-supply Act 1891, by the Chairman and Engineer of the Waimate County Council, shall be deemed to have been duly deposited as on the respective dates of the certificates appearing on the same respectively for all purposes for which under the provisions of The Water-supply Act 1891, the deposit of plans is required, and shall be deemed to be true and correct:

    Provided that any rights to the water of Whitney's Creek existing at the time of the passing of this Act shall not be deemed to be prejudiced by the provisions of this Act, and that any defendant in any action brought for charges for water supplied shall not be hereby prejudiced in any right to the water of the said creek or on any ground of exemption provided for by The Water-supply Act 1891.