Nelson Waterworks Extension Act 1935

Nelson Waterworks Extension Act 1935

Local Act1935 No 5
Date of assent25 October 1935

An Act to enable the Nelson City Council to take, divert, impound, collect, use, convey, and appropriate for the Purpose and as Part of the Waterworks for the Time being of the City of Nelson the Waters known as the Roding River, and all and every the Tributaries thereof.

  • Preamble

    WHEREAS it is expedient to enable the Nelson City Council to take, divert, impound, collect, use, and convey the waters of the river called the Roding River, and all and every the tributaries thereof, for the purpose of increasing the supply of water for the use of the inhabitants of the said city; and for that purpose to empower the said Council to extend and lay mains and pipes to connect the said city with the waters of the said river:

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 Nelson Waterworks Extension Act 1935.

2 Power to take waters of Roding River

  • The Nelson City Council (hereinafter called the Council) is hereby empowered to take, divert, impound, collect, use, convey, and appropriate for the purpose and as part of the waterworks for the time being of the said city the waters of the Roding River, and all and every the tributaries thereof, the catchment or gathering area of the said river and tributaries being shown approximately on the plan marked PWD 88305 deposited in the office of the Public Works Department at Wellington.

3 Power to construct works on Stoke Mental Hospital Reserve, private lands, reserves, roads, and streets

  • The Council is hereby empowered from time to time upon or under the Stoke Mental Hospital Reserve, or any private land, reserve, road, street, or public place, to sink wells or shafts, to provide, construct, procure, or alter such reservoirs, dams, weirs, aqueducts, tanks, drains, pipes, tunnels, culverts, bridges, buildings, machinery, and other works and appliances as the said Council shall think proper for the purpose of giving effect to this Act, and, in particular, may lay water-mains of such size and of such material, or construct water-races, aqueducts, or other works as the Council may think fit for the purpose of conveying water from the said catchment or gathering area to the City of Nelson, and may with any such water-main cross and recross any railway, stream, or river, and may discharge water from any overflow pipe or other appliance into any natural watercourse along the route of such water-main, water-race, aqueduct, or other work:

    Provided that, before the Council shall exercise any of the powers authorized by this section, the following conditions shall be complied with:—

    • (a) A plan and description of any work proposed to be done shall be deposited for public inspection at some place within the city:

    • (b) The Council shall give notice in writing to the occupier and owner of any lands, and the local authority having control of any road, street, or public place upon or under which the proposed work would be situate of its intention to construct the proposed works, and shall refer in such notice to such plan and description, and state where the same are open for public inspection. Such notice may be given by serving the same personally upon or by leaving the same at the last known place of business or abode of the occupier and owner or local authority respectively, and, if the place of business or abode of any occupier or owner be not known, by publishing the same twice in some newspaper circulating in the said city:

    • (c) If within one month after such notice the said occupier or owner in the case of lands affected, or the local authority in respect of any road, street, or public place, serves on the Council a written objection to the proposed work, the Council shall appoint a day for hearing such objection and shall give notice of the same to the objector:

    • (d) The Council shall hold a meeting on the day so appointed, and may, after hearing any person making such objection, if present, and after considering all such objections, determine to abandon the proposed work or to proceed therewith with or without such alterations as the Council may determine.

4 Protection of Crown in respect of Stoke Mental Hospital

  • (1) If at any time during or after the construction of any works authorized by this Act any damage attributable to any such works is caused to any water-supply works owned by the Crown, or if, in the opinion of the Minister of Works and Development, it becomes necessary or expedient, in consequence of any works undertaken by the Council, to carry out any work for the protection of any water-supply works owned by the Crown, the Council shall forthwith, after receiving notice from the said Minister, proceed to remedy the damage to his satisfaction or to carry out any such protective works as he directs. The Council is hereby authorized to undertake of its own accord any remedial or protective works that the Minister of Works and Development could require the Council to undertake, and in such case shall carry out such works to the satisfaction of the said Minister.

    (2) In the event of the supply of water to the Stoke Mental Hospital being at any time reduced or cut off through damage to any water-supply works owned by the Crown, or by seepage due to the driving of any tunnel or the construction of other works by the Council, or through any other cause whatever that is attributable to the Council's work, then and in any such case the Council shall forthwith supply to the reservoir of the Stoke Mental Hospital, without charge, such quantity of potable water as will make a flow of one hundred and thirty thousand gallons per diem available if required for the purposes of the said hospital.

    (3) For the purpose of giving effect to the last preceding subsection, the Council forthwith, after the construction of any intake dam and pipe-line authorized by this Act, shall connect the pipe-line with the reservoir of the Stoke Mental Hospital by means of a pipe-line capable of supplying the quantity of water specified in the last preceding subsection.

    (4) Subsections two and three of this section shall apply and take effect only in the event of the construction by the Council of a tunnel of which some part is within a distance of one hundred and twenty chains from the intake dam of the Stoke Mental Hospital, which dam is shown on the said plan marked PWD 88305, and is marked “A” on the said plan.

    (5) [Repealed]

    (6) If any dispute arises between the Council and the Minister of Works and Development in relation to this section, it shall be determined by arbitration by three arbitrators, being an engineer appointed in that behalf by the Minister, the Nelson City Engineer, and a third engineer to be appointed by the other two arbitrators.

    Subsection (5) was repealed, as from 1 October 1936, by section 2(2) Nelson Waterworks Extension Amendment Act 1936 (1936 No 5(L)). See section 2(1) of that Act, which is in substitution for the repealed subsection (5), as to the Council having to ensure adequate supply of potable water to Stoke Mental Hospital.

5 Provision for protection of railway

  • Nothing in this Act shall authorize the Council to execute any work upon or affecting any railway work or railway land except with the previous consent and approval of the Government Railways Board, which, in giving its consent and approval as aforesaid, may impose such conditions as it thinks fit for the protection and safety and generally in the interests of the railway.

6 Power to contract for the supply of water to the Tahunanui Town Board, the Waimea County Council, and the Richmond Borough Council

  • (1) The Council shall have power to contract for the supply of water from the main works to the Tahunanui Town Board, the Waimea County Council, and the Richmond Borough Council at such price and upon such terms and conditions as the parties may agree upon.

    (2) Nothing in this section shall be construed to extend the powers of the said Town Board, County Council, or Borough Council to contract for the supply of water from the said works.

7 Provisions of Local Government Act 1974, to apply to extended powers conferred by this Act

  • The powers conferred by this Act are additional to those conferred by the Local Government Act 1974, and the provisions of that Act shall, so far as the same are applicable, apply to the exercise by the Council of the powers hereby conferred as if the powers hereby conferred had been conferred by that Act.

    A reference to the Municipal Corporations Act 1933 was substituted, as from 20 December 1933, for a reference to the Municipal Corporations Act 1920 pursuant to section 393(1) Municipal Corporations Act 1933 (1933 No 30). A reference to the Municipal Corporations Act 1954 was substituted, as from 1 April 1955, for a reference to the Municipal Corporations Act 1933 pursuant to section 413 Municipal Corporations Act 1954 (1954 No 76). That reference was in turn substituted, as from 1 April 1980, by a reference to the Local Government Act 1974 pursuant to section 9(1) Local Government Amendment Act 1979 (1979 No 59).