Paeroa Borough Water-supply Empowering Act 1947

Reprint
as at 27 September 1947

Coat of Arms of New Zealand

Paeroa Borough Water-supply Empowering Act 1947

Local Act1947 No 5
Date of assent26 September 1947
Commencement26 September 1947

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 enable the Paeroa Borough Council to take, divert, and impound water in a certain stream in the Hauraki Mining District for supplying water to the Borough of Paeroa

  • Preamble

    Whereas it is expedient to enable the Paeroa Borough Council to take, divert, and impound the waters flowing into and in the stream in the County of Ohinemuri in the Hauraki Mining District, called Waitawheta Stream, for the purpose of supplying water to the inhabitants of the Borough of Paeroa, and for the same purpose to empower such Council to lay mains and pipes from such stream to the Borough of Paeroa over reserves and roads and along and across the Waihi–Paeroa railway line and across the Ohinemuri River, which powers are not presently vested in such Council in respect of lands within a mining district:

    And whereas there is no source of water suitable for the aforesaid purpose available except in the Hauraki Mining District above mentioned.

1 Short Title
  • This Act may be cited as the Paeroa Borough Water-supply Empowering Act 1947.

2 Authority to take water
  • Subject to the provisions of this Act, the Paeroa Borough Council is hereby empowered to take, divert, and impound from the water flowing into and in the Waitawheta Stream, situated in Blocks II, VI, and VII of the Aroha Survey District, a quantity of water, not exceeding 1 500 000 gallons in any day, in such manner as to the Paeroa Borough Council shall seem expedient for the purpose of supplying the same to inhabitants in the Borough of Paeroa, and, if an agreement is made with any other local authority, to inhabitants in the district of that local authority, and the Paeroa Borough Council is hereby empowered to lay mains and pipes from the said stream to the Borough of Paeroa through part of the County of Ohinemuri in the Hauraki Mining District, along roads, provisional State forests, and other land, and along and across the Waihi–Paeroa railway line, and across the Ohinemuri River, and to convey water through such mains and pipes.

3 Stream excluded from operation of Mining Act 1926
  • (1) That part of the said Waitawheta Stream above the confluence of the Dubbo Stream with the said Waitawheta Stream, and all tributaries of the said Waitawheta Stream, which join the said Waitawheta Stream above that confluence, shall be deemed removed from the operations of the Mining Act 1926 as from the date of the passing of this Act.

    (2) From the date of the passing of this Act no mining rights, licences, or easements over such part of the Waitawheta Stream or any of its said tributaries shall be granted or created, and such part of the Waitawheta Stream and such tributaries shall not, nor shall any of them thereafter, be proclaimed tailraces or watercourses into which tailings, mining debris, or waste water may be discharged.

4 Powers in relation to water supply works
  • (1) The Paeroa Borough Council is hereby empowered from time to time, in or adjacent to that part of the Waitawheta Stream mentioned in subsection (1) of the last preceding section, to sink such wells or shafts and make, construct, install, maintain, procure, and alter such reservoirs, dams, weirs, bridges, buildings, machinery, waterworks, cisterns, tanks, filters, purifiers, aqueducts, tunnels, cuts, excavations, races, sluices, pipes, culverts, drains, engines, pumps, and other works and appliances as may be necessary or incidental to the water supply works above mentioned.

    (2) Every mining privilege granted after the passing of this Act shall, if it should cross, overlap, or otherwise affect the land on which the mains and pipes referred to in section 2 are laid or proposed to be laid, be made subject to the right of the said Paeroa Borough Council to enter upon the said land to lay and repair the mains and pipes, and shall be made subject to such conditions as shall be necessary for the protection of the mains and pipes, notwithstanding that they may not have been laid.

5 Consents required to certain works
  • (1) Nothing in the foregoing provisions of this Act shall authorise the Paeroa Borough Council to lay or maintain pipes or construct or maintain any other waterworks whatsoever across the Ohinemuri River or along or across the Waihi–Paeroa railway line or on or through any land subject to the Forests Act 1921–22 or to enter upon or occupy any railway land or any land subject to the said Act for any of those purposes, except with the consent and previous approval of the Minister of Marine and Minister of Works in respect of the said river, the Minister of Railways in respect of the railway, or the Commissioner of State Forests in respect of land subject to the Forests Act 1921–22.

    (2) In giving consent and approval under the last preceding subsection any Minister may impose such conditions as he thinks fit in the public interest, and the Borough Council shall comply therewith.

6 Loan proposal to be carried
  • The powers conferred by the foregoing provisions of this Act shall not be exercised by the Paeroa Borough Council until loan proposals for the construction of the water supply works aforesaid shall have been sanctioned by the Local Government Loans Board pursuant to the provisions of the Local Government Loans Board Act 1926, and the first or some subsequent poll of the ratepayers in the Borough of Paeroa intended to be reticulated or supplied with water from the aforesaid source shall have been taken pursuant to the Local Bodies' Loans Act 1926 upon and resulted in favour of such loan proposals.

7 Exemption from rating
  • The rights and powers created by this Act shall not be assessable for rating or subject to payment of any licence fees or rentals under the Mining Act 1926.

8 Application of Municipal Corporations Act 1933
  • The powers conferred by this Act on the Paeroa Borough Council are additional to those conferred by the Municipal Corporations Act 1933 and the provisions of that Act shall, so far as the same are applicable, apply to the exercise by the Paeroa Borough Council of the powers hereby conferred as if the powers hereby conferred had been conferred by that Act.


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 Paeroa Borough Water-supply Empowering Act 1947. The reprint incorporates all the amendments to the Act as at 27 September 1947, 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)