Wairau River Board Empowering Act 1934

Wairau River Board Empowering Act 1934

Local Act1934 No 8
Date of assent23 October 1934

An Act to enable the Wairau River Board to divert the Waihopai River or Part thereof.

  • Preamble

    WHEREAS it is desirable in the public interests for the purposes of water-supply that the Waihopai River, or part of the waters thereof, should be diverted from a point outside the Wairau River District to the bed of the Opawa River within such river district: And whereas the Wairau River Board is prepared to carry out and maintain such diversion if empowered to do so:

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

  • This Act may be cited as the Wairau River Board Empowering Act 1934.

2 Authorizing Wairau River Board to divert Waihopai River

  • (1) The Wairau River Board (hereinafter referred to as the Board) is hereby empowered to enter upon any land outside the Wairau River District (hereinafter referred to as such district) and divert the Waihopai River, or any portion of the waters thereof, from any point within the space of two miles beyond the upstream boundary of such district and carry the waters so diverted by artificial or natural channels to the bed of the Opawa River within such district, and do all things as may in the opinion of the Board be necessary to effectually carry out and maintain such diversion and the works connected therewith.

    (2) For the purpose of undertaking and carrying out the aforesaid diversion, and without restricting the powers hereinbefore conferred, the Board may from time to time, at its discretion,—

    • (a) Straighten, shorten, divert, deepen, widen, or diminish the width of, or alter the course of, the Waihopai River within the said space of two miles beyond the upstream boundary of such district, and construct and maintain diversion-channels, stop-banks, groynes, floodgates, protective and other works in, upon, or about the bed or banks of the said river or of channels constructed from such river to the Opawa River within such district:

    • (b) Divert, raise, lower, or alter roads, bridges, and culverts where in the opinion of the Board they interfere with any works constructed or authorized hereunder:

      Provided that before interfering with any road, bridge, or culvert the Board shall give not less than one month's notice in writing to the local authority having the control of such road, bridge, or culvert, and if such local authority objects to such interference the matter shall be referred to the Minister of Works and Development, whose decision shall be final:

    • (c) Remove any trees or obstructions to the Waihopai River or to any channels or works constructed hereunder:

    • (d) Cleanse, repair, and maintain in a due state of efficiency any channel or other works constructed by the Board under the powers conferred by this Act:

    • (e) Exercise any of the powers and authorities conferred on the Board by the River Boards Act 1908, as though the works to be carried out or constructed hereunder were wholly within such district and were for the purposes of protection from flood-waters.

    The reference to the Minister of Works and Development in subsection (2)(b) was substituted, as from 31 May 1974, for a reference to the Minister of Works pursuant to section 2(4)(a) of the Public Works Amendment Act 1974 (1974 No 16). This reference had been substituted, as from 16 March 1943, for a reference to the Minister of Public Works pursuant to section 2(5) of the Minister of Works Act 1943 (1943 No 3).

3 Certain works to be property of Board

  • Every channel, flood-gate, box, value, stop-bank, or other work constructed or maintained by the Board shall be deemed to be the property of the Board; and any person doing any act whereby any such channel, floodgate, box, valve, stop-bank, or other work may be damaged or its efficiency impaired, or doing any work or thing which prevents, obstructs, or impedes the Board in carrying out or doing any of the works hereby authorized, commits an offence and is liable to a fine not exceeding two hundred dollars.

    The reference to “two hundred dollars” was substituted, as from 10 July 1967, for a reference to “one hundred pounds” pursuant to section 7(1) of the Decimal Currency Act 1964 (1964 No 27).