North Shore Boroughs (Auckland) Water Conservation Act 1944

Reprint
as at 30 September 1944

Coat of Arms of New Zealand

North Shore Boroughs (Auckland) Water Conservation Act 1944

Local Act1944 No 3
Date of assent29 September 1944
Commencement29 September 1944

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.


An Act to abolish the North Shore Boroughs (Auckland) Water Board and to vest certain powers in the Auckland City Council

  • Preamble

    Whereas by the North Shore Boroughs (Auckland) Water-supply Act 1924 there was constituted a Water Board called the North Shore Boroughs (Auckland) Water Board for the purpose of augmenting, maintaining, and improving the supply of water to the Boroughs of Devonport, Takapuna, Northcote, and Birkenhead:

    And whereas under and by virtue of the provisions of the North Shore Boroughs (Auckland) Water-supply Act 1941 provision has been made for the supply of water to the said boroughs by the Auckland City Council:

    And whereas it is desirable to abolish the said Water Board and to vest in the Auckland City Council certain powers relating to Lake Takapuna.

1 Short Title
  • This Act may be cited as the North Shore Boroughs (Auckland) Water Conservation Act 1944.

2 Interpretation
  • In this Act, unless the context otherwise requires,—

    Board means the North Shore Boroughs (Auckland) Water Board constituted under the North Shore Boroughs (Auckland) Water-supply Act 1924

    City Council means the Auckland City Council, except that where the context or subject matter so requires the expression means the Corporation of the City of Auckland

    North Shore Borough Councils means the Councils of the Boroughs of Devonport, Takapuna, Northcote, and Birkenhead, except that where the context or subject matter so requires the expression means the Corporations of the said boroughs respectively

    lake means Lake Takapuna, situated in the Borough of Takapuna.

3 City Council to control lake
  • The City Council shall have control of the lake and of the gathering ground surrounding the lake as if the lake were waterworks vested in the City Council for the supply of water to the inhabitants of the North Shore boroughs, and for such purpose it shall have in relation to the lake and the said gathering ground all such powers and authorities as are vested in or conferred upon Borough Councils in relation to waterworks by the Municipal Corporations Act 1933, and any other Act, regulation, or authority from time to time subsisting.

4 City Council may make bylaws
  • (1) The City Council may make bylaws for any of the following purposes:

    • (a) conserving the supply of water in the lake:

    • (b) regulating the output or withdrawal of water from the lake:

    • (c) securing or maintaining the purity of the water in the lake:

    • (d) licensing, regulating, restricting, or prohibiting on any part of the catchment area surrounding the lake—

      • (i) the erection or use of any tent, marquee, caravan, or other portable or temporary structure:

      • (ii) the working of any pit, quarry, or rock-face or any excavation of any kind in connection with the working of a pit, quarry, or rock face:

    • (e) licensing, regulating, restricting, or prohibiting the keeping or using of any punt, raft, boat, or other craft upon the lake or upon the shore thereof:

    • (f) such further or other purposes as may be authorised by the Governor-General by Order in Council.

    (2) Such bylaws shall be made in the manner prescribed for the time being for the making of bylaws by the City Council:

    provided that a copy of any proposed bylaw shall be sent by the City Council to each of the North Shore Borough Councils at least 21 days before the date of the meeting of the City Council at which such proposed bylaw is to be submitted for confirmation.

    (3) A copy of any bylaws made by the City Council shall, within 7 days from the making thereof, be forwarded to the Minister of Health.

    (4) The Minister of Health may at any time by notice published in the Gazette within 3 months from the making thereof disallow or modify any bylaws made by the City Council under this Act.

    (5) The City Council may repeal any bylaws made by the Board, but unless and until so repealed all bylaws made by the Board shall continue in operation as if this Act had not been passed and may be enforced by the City Council as if they had been made by it hereunder, and all references in the said bylaws to the Board and its officers shall be read and construed as references to the City Council and its officers respectively.

    (6) The powers conferred by this section shall be in addition to and shall not abridge or affect any remedy or proceeding under any other Act or under regulations made under any other Act or under bylaws made by any local authority under any other Act, but so that no person shall be punished for the same offence both under the provisions of bylaws made under this Act and under the provisions of any other Act, regulation, or bylaw.

5 Assets and liabilities of Board to vest in City Council
  • (1) All assets and money belonging to the Board shall on the passing of this Act vest in the City Council, and the City Council shall pay and discharge all debts owing by the Board. The assets and moneys aforesaid shall be handed over to the City Council before 31 December 1944.

    (2) All moneys received by the City Council from the Board shall, after payment of all debts owing by the Board, be used and applied by it in or towards the cost of obtaining this Act and in carrying out the powers and duties of the City Council under this Act.

6 Borough Councils to pay costs of administration
  • All debts owing by the Board and all costs and expenses incurred by the City Council in exercising any power or performing any duty conferred or imposed on it by this Act or in administering any bylaws relating to the lake (including the cost of obtaining this Act) shall, so far as the same cannot be met out of the moneys paid to the City Council by the Board or out of moneys received by the City Council by virtue of this Act, be paid and reimbursed to the City Council by the North Shore Borough Councils, and as between such Councils shall be borne in the same proportions as the quantity of water supplied to each of them by the City Council during the year concerned bears to the quantity supplied to them collectively during the same period.

7 Accounts to be kept by City Council
  • (1) True and correct accounts of such expenditure shall be kept by the City Council, and it shall, as soon as may be after 30 June in each year, furnish to each of the North Shore Borough Councils a statement showing the total expenditure for the financial year or other period, as the case may be, that ended on 31 March then last past, and the share thereof chargeable to the Council concerned based upon such Council's proportion of the total consumption of water for the preceding year or period.

    (2) The accounts of the City Council mentioned in this section shall be open to the inspection of the North Shore Borough Councils or the representatives of them or any of them at all times during office hours, with liberty to take copies thereof or extracts therefrom.

8 Contracts not affected
  • Nothing in this Act shall affect the terms of any contract now or at any time subsisting between the City Council and any of the North Shore Borough Councils relating to water supply.

9 Cesser of powers
  • The powers conferred upon the City Council by this Act shall cease to be exercisable by it if and when it ceases to be under obligation to supply water to at least 3 of the North Shore Borough Councils.

10 Governor-General may make regulations
  • The Governor-General may from time to time by Order in Council make all such regulations as may in his opinion be necessary for the purpose of giving effect to the provisions of this Act.

11 Dissolution of Board
  • (1) This section shall come into force on 31 December 1944.

    (2) The Board is hereby dissolved, and the North Shore Boroughs (Auckland) Water-supply District is hereby abolished.

    (3) The North Shore Boroughs (Auckland) Water-supply Act 1924 is hereby repealed.

    (4) Amendment(s) incorporated in the Act(s).


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the North Shore Boroughs (Auckland) Water Conservation Act 1944. The reprint incorporates all the amendments to the Act as at 30 September 1944, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)