Dunedin City (Suburban Water Charges) Empowering Act 1937

Dunedin City (Suburban Water Charges) Empowering Act 1937

Local Act1937 No 19
Date of assent15 March 1938

An Act to confer Further Powers upon the Dunedin City Corporation in respect of the Supply of Water to the Suburbs of Dunedin.

  • Preamble

    WHEREAS by an Act of the General Assembly of New Zealand intituled the Dunedin Waterworks Extension Act 1875 Amendment Act 1878, it was provided by section four thereof that the Corporation of any suburban borough should pay to the Corporation of the City of Dunedin (hereinafter called the said Corporation) in respect of water drawn from the Dunedin Waterworks or from any stream lawfully impounded by and transferred to the said Corporation for the purposes of the Dunedin Waterworks for the supply of the inhabitants of such suburban borough a sum not exceeding five cents for every one thousand gallons of water so drawn: And whereas by the Dunedin Waterworks Extension Act 1901, the said Corporation was empowered (subject to the conditions therein set out) to construct certain further works with the object of conducting water to a higher level than that to which it was capable of being conducted by means of the waterworks then owned by the said Corporation: And whereas by such last-mentioned enactment the rights of boroughs under the Dunedin Waterworks Extension Act 1875 Amendment Act 1878, were preserved but were not to be deemed to extend to waterworks constructed under the provisions of the Dunedin Waterworks Extension Act 1901, or to any waterworks thereafter constructed by the said Corporation whereby water might be conducted to a higher level than that to which it was capable of being conducted by means of the waterworks then owned by the said Corporation: And whereas the only suburban boroughs which have not now amalgamated with the said city are the Boroughs of Saint Kilda, Green Island, and West Harbour: And whereas, in view of the magnitude of the waterworks carried out by the said Corporation and the greatly increased costs in connection therewith, it is proper and expedient that the said Corporation should be given authority to increase the rate or charges payable in respect of water supplied to the said boroughs and to review the rate or charges from time to time:

    The reference to “five cents” was substituted, as from 10 July 1967, for a reference to “sixpence” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

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 Dunedin City (Suburban Water Charges) Empowering Act 1937.

2 Interpretation

  • In this Act the said Corporation means the Mayor, Councillors, and Citizens of the City of Dunedin.

3 Power to fix charges for water supplied to boroughs

  • (1) Notwithstanding anything to the contrary in any Act contained, it shall be lawful for the said Corporation to charge to the suburban boroughs of Saint Kilda, Green Island, and West Harbour aforesaid, and the Corporation of any of such suburban boroughs shall pay to the said Corporation, for and in respect of the water drawn from the Dunedin Waterworks or from any stream that is lawfully impounded by and transferred to the said Corporation for the purpose of the Dunedin Waterworks for the supply of the inhabitants of any of such suburban boroughs, such price as may from time to time be payable as provided in this section.

    (2) The price payable under this section for water drawn at any time after the first day of October, nineteen hundred and sixty-one, shall be such price, not exceeding fifteen cents a thousand gallons or such other price as may from time to time be mutually agreed upon between the said Corporation and the Council of any such suburban boroughs or, failing agreement as may from time to time be fixed by arbitration under the Arbitration Act 1908 of two indifferent persons, one to be appointed by the said Corporation and one by such Council or Councils, and an umpire to be appointed by the arbitrators or by the High Court in manner provided by the Arbitration Act 1908.

    (3) [Repealed]

    Subsection (2) was substituted, and subsection (3) was repealed, as from 15 September 1961, by section 2 Dunedin City (Suburban Water Charges) Empowering Amendment Act 1961 (1961 No 5(L)).

    The reference to “fifteen cents” was substituted, as from 10 July 1967, for a reference to “one shilling and sixpence” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

    The reference to the “High Court” was substituted, as from 1 April 1980, for a reference to the “Supreme Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).