Ellesmere Lands Drainage Act 1905

Ellesmere Lands Drainage Act 1905

Public Act1905 No 59
Date of assent31 October 1905

An Act to make Better Provision for the Drainage of the Ellesmere Lands.

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title

  • The Short Title of this Act is the Ellesmere Lands Drainage Act 1905.

2 Ellesmere Lands Drainage District

  • (1) The area of land described in Schedule 1 hereto is hereby constituted a land-drainage district under the name of the Ellesmere Lands Drainage District.

    (2) The district so constituted shall be deemed to be a district under The Land Drainage Act 1904, and the provisions of that Act shall apply thereto in the same manner as if it had been constituted a drainage district under that Act.

3 Endowments

  • (1) The land described in Schedule 2 hereto and now vested in the Selwyn County Council as an endowment to provide funds for the purpose of removing obstructions to the flow of the Halswell River through Lake Ellesmere to the sea is hereby, with the consent of the said Council, vested in the Ellesmere Lands Drainage Board (hereinafter referred to as the Board); and all rents and profits hereafter derived from the said lands shall belong to the Board.

    (2) The land described in Schedule 3 hereto is hereby vested in the Board as a further endowment.

4 Power to borrow

  • (1) The Board may from time to time borrow moneys, not exceeding in the whole the sum of twenty thousand dollars, on the security of the rents and profits of the said endowments.

    (2) Such moneys as and when raised shall be applied in or towards the construction of drainage-works in the district.

    The reference to “twenty thousand dollars” was substituted, as from 10 July 1967, for a reference to “ten thousand pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

    Subsection (2) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84), by omitting the words “shall be raised in the manner prescribed by ‘The Local Authorities Loans Act 1901’, and”. See sections 273 to 314 of that Act as to the savings and transitional provisions.

5 Special rate

  • As further security for the repayment of the moneys so raised the Board shall make and levy on all rateable property within its district a special rate not exceeding five-twelfths of a cent in the dollar on the capital value thereof.

    The reference to “five-twelfths of a cent in the dollar” was substituted, as from 10 July 1967, for a reference to “one penny in the pound” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

6 Subsidy

  • [Repealed]

    Section 6 was repealed, as from 13 October 1936, by section 30(5) Finance Act (No 2) 1936 (1936 No 36).

7 Halswell River Drainage District abolished

  • The Halswell River Drainage District, as constituted under The Halswell River Drainage District Act 1893, is hereby abolished, and that Act is hereby repealed:

    Provided that, until the first election of members of the Board under this Act, the members of the Selwyn County Council in office on the passing of this Act shall be deemed to be the members of the Board, and the assets and liabilities of the Selwyn County Council in respect of the Halswell Drainage District shall be deemed to be assets and liabilities of the Ellesmere Lands Drainage Board.

Schedule 1
Ellesmere Lands Drainage District

BOUNDED towards the west generally by the western side of the road forming the south-west boundary of Section No 5608 and its continuation to Section No 10211; thence by the north-western side of Ellesmere Road by Dawson's to a point opposite to the north-west corner of Section No 1644, and thence by the north side of the road running between Sections Nos 2558 and 1644 to the Halswell River; thence towards the north and north-east generally by the left bank of that river to the bridge known as Candy's Bridge; thence by that bridge and by the north side of the road running between Sections Nos 1422 and 407, by the north side of the road passing through the said Section No 407, by the north-west side of the road north-west of Section No 1593 and north of Section No 1594 to the Quarry Road, by the eastern side of the last-mentioned road and the eastern side of the Old Lower Lincoln Road to Burke's Bush Road North, by the northern side of that road, by the eastern side of the road west of Section No 17737, and by the northern side of Burke's Bush Road South: towards the east generally by the eastern side of the road separating Section No 17741 from Section No 35510, and its continuation by the south side of the road separating Section No 17739 from Section No 17740 to Section No 34450: thence by Section No 13538, and by the north side of the road forming part of the northern boundaries of Sections Nos 807 and 13556: thence again by Section No 13538, by Sections Nos 19537 and 18810; thence by a line across a road by Section No 34243; thence by a line across a road by Sections Nos 34303 and 23402 to Gerkin's Road, by the north side of Gerkin's Road, by the north side of the road separating Section No 17848 from Section No 22896 and its continuation, by the south-east side of the Ahuriri Bush Road North, and by the eastern side of Ahuriri and Little River Road, by Sections Nos 1879, 7482, 3864, and 3898, and by the western and northern side of a road passing through said Sections Nos 3864 and 3898 and 5481, across a road and by Sections Nos 4395, 2145, 2104, across a road and by Section No 3854, across a road and by Sections Nos 34518, 12130, Reserve No 1676, Sections Nos 21215, 12129, 21163, across a road and by the southern side of a road passing through Section No 2868, by Sections Nos 4134 and 21162 and Reserve No 1104, by the eastern side of a road passing through Lot No 1 of Block 6 of Reserve No 959, across a road and by Section No 2888, by the north-eastern boundaries of Lot No 2 of said Block 6 of Reserve No 959, by Section No 34083, by the eastern boundaries of Lot 3 of said Block 6 and of a fishing reserve, by Section No 34208, by the north-western side of the road forming the north-western boundary of Lots Nos 1B and 1A of Block 7 of Reserve No 959, across that road, by Reserve No 2581, by Sections Nos 34088, 34087, across a road, by Section No 34086, across a road, by Section No 2770, across a road, by Sections Nos 1860 and 2769, Reserve No 1103, and Section No 18790, across a road, by Sections Nos 2279, 18789, 3296, 23460, Reserve No 1102, across a road, by Sections Nos 4555 and 2264, across a road and by Section No 6663, across a road and by Section No 11487, across a road and by Section No 11488, across a road, by Section No 4303, across a road and by Section No 4073; towards the south-east generally by the south-eastern side of the road which forms the southern boundaries of Blocks 7 and 8 of Reserve No 959, known as Taumutu Road, and which passes between Sections Nos 35679 and 35665 and continues to the extremity of the spit at the outlet of Lake Ellesmere, thence by the ocean to the production of the north-west boundary-line of Maori Reserve No 878; thence again towards the west, north-west, and north generally by the said boundary-line produced and the north-west boundary-line of said Maori Reserve No 878, across and by the north side of Pohau's Road, by Maori Reserve No 901, by the south-western side of Bridge's Road, across that road, by Sections Nos 10462, 9467, 8828, 9189, 9157, 8929, 9690, 9174, across a road, by Section No 12142, across a road, by Section No 5623, across a road, by Sections Nos 5879, 9584, 8180, 9738, 10764, 10444, 10875, 9605, 10788, 10591, 9622, 10593, 10592, 17161, 30479, 11462, 5173, 5174, 11328, 11258, 10883, 11160, 11158, 14312, 5618, across a road, by Sections Nos 6622, 6823, and 6824, across a road and the Selwyn River, by Sections Nos 20610, 7355, 7354, 7713, 17181, 17182, across a road, by Section No 11087, across a road, by Sections Nos 7707 and 6699, across a road, by Section No 11603, across a road, by Section No 12523, across a road, by Sections Nos 9512, 7968, and by the northern side of a road which forms the southern boundary of Sections Nos 11577, 5547, 5550, 4198, 4199, 12389, 5630, 5629, and 5628, to the road first mentioned.

  • The references to “Maori” were substituted, as from 27 November 1947, for references to “Native” pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).

Schedule 2
Lake Ellesmere Drainage Endowment

ALL that area in the Land District of Canterbury, situated in the Southbridge and Ellesmere Survey Districts, containing by admeasurement 1,551 acres, more or less: Bounded towards the north-west generally by a reserve 1 chain in width, skirting the waters of Lake Ellesmere: towards the north-east by Crown land, being formerly Reserve No 683; and towards the south-east generally by a road following the original high-water line of the said lake, and forming the north-west boundary of Sections Nos 35659 and 35679, and part of the north-west boundary of Run No 182: excepting therefrom four road-lines, each of which is not less than 1 chain in width, intersecting the above-described area.

Also that area in the Land District of Canterbury, situated in the Ellesmere Survey District, containing by admeasurement 731 acres, more or less: Bounded towards the north-west generally by a reserve 1 chain in width, skirting the waters of Lake Ellesmere: towards the north-east by Crown land, being formerly Reserve No 682, and by a road-line forming part of the western boundary of Section No 1, Block VI: towards the south-east generally by a road forming the north-west boundary of Section No 35659 in the said Block VI; and towards the south-west by Crown land, being formerly Reserve No 683: excepting therefrom a road not less than 1 chain in width intersecting the above-described area.

Schedule 3

ALL that area in the Canterbury Land District containing by admeasurement 245 acres, more or less, situated in Block X, Halswell Survey District: Bounded towards the north-east generally by original Sections Nos 11165, 8308, 11166, 31239, and 3319, to the road forming part of the western boundary of the last-mentioned section; thence by that road and the road forming the western boundary of original Section No 9643, and forming the western and south-western boundaries of Reserve No 1107, and forming also part of the south-western boundary of original Section No 15403; thence by a stream which crosses the said road and forms the south-eastern boundary of the last-mentioned section and the south-western boundaries of original Sections Nos 14125, 15402, and 2439, to a public road 100 links wide along the left bank of the Halswell River; thence towards the south-west generally by the said road, continuing along the left bank of the Halswell River, and along the eastern and northern shores of the Ahuriri Lagoon to the south-eastern boundary-line of original Section No 11167; and thence towards the north-west by the last-mentioned section to Section No 11165 aforesaid: excepting two roads which intersect the above-described area.

Also all that area in the Canterbury Land District, containing by admeasurement 60 acres, more or less, situated in Block X, Halswell Survey District, and being Lot No 4, Block I, of Lake Ellesmere Reserve.