Reprint as at 12 November 2018

Land Drainage Act 1908

Public Act
 
1908 No 96
Date of assent
 
4 August 1908
 
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint. See the notes at the end of this reprint for further details.

This Act is administered by the Department of Internal Affairs.

Contents

Title
1Short title, etc
2Interpretation
2ARelationship to Resource Management Act 1991
3Governor-General may constitute districts
4Board of Trustees
5First election of Trustees
6Ratepayers list
7Objections
8Appeal from list. Ratepayers roll
9Qualifications of electors and Trustees
10Extraordinary vacancies
11Chairman of Board
11AAnnual Allowance to Chairman and Deputy Chairman [Repealed]
12Meetings of Board
13Board incorporated
13ATravelling allowances
13BAnnual allowances and remuneration of Chairman, Deputy Chairman, and members
14Board within drainage district to have powers of territorial authority [Repealed]
15United districts
16To subdivide districts
17To construct and maintain drains and watercourses
18May enter lands, etc, for survey, etc
19May enter and take earth, etc
20Notice to local authority before interfering with road or footpath
21Owner of private land may object to construction of works
22The Board may join with other Boards for execution of works, etc
23May make drains from private lands
24May relinquish lands or rescind contracts
25Watercourses not to be allowed to become nuisance
26Interfering with drains, etc
27Removal of trees
28Board not liable for consequential damage unless arising from neglect
29Claims for compensation for injury or damage
30High Court may stay construction of works if compensation not paid
31Board may levy rate [Repealed]
31ASeparate rates for operation of pumping units in portion of district [Repealed]
31BRating on area system [Repealed]
32Exemption from rates [Repealed]
33Classification of land for rating purposes [Repealed]
34Procedure [Repealed]
35Classification list to remain in force till another issued [Repealed]
36Invalidity of rate no bar to its recovery [Repealed]
37Application of money received
38Board may, with consent of ratepayers, raise special loan [Repealed]
39Ratepayers may vote by attorney [Repealed]
40Special rate may be levied [Repealed]
41In case of extraordinary damage special loan may be raised without consent of ratepayers [Repealed]
42Board may borrow by overdraft [Repealed]
43Appointment of officers, etc
44Officer accepting or exacting fees [Repealed]
45Collectors to pay over money
46Books of account to be kept
47Form of accounts to be kept
48Money received to be paid into bank
48AEstablishment of renewal and replacement funds
49Accounts and audit
49AUnauthorised expenditure
50Board may make bylaws [Repealed]
50APenalty for breach of bylaws [Repealed]
51Service of notices and legal process
52Authentication of documents by Board
53Bankruptcy and other proceedings concerning Board
54No action against Board if tender of sufficient amends is made [Repealed]
55Notice of action [Repealed]
56Defendant may plead general issue [Repealed]
57Action not to delay works
[Repealed]
58Interpretation [Repealed]
59Application of Part 1 for construction of water races [Repealed]
60Interpretation
61Powers of local authority not within drainage or river district
62Local authority may order removal of obstruction from watercourse or drain
63Power to compel local authority to order removal of weeds and obstructions
63AAdvances to owners by local authorities
64Governor-General may direct drains or drainage works to be under control of local authority
65Governor-General may fix amount to be paid by local authority towards cost of works
66County Council to keep certain water-courses clear [Repealed]
67Application to adjoining owner
68Assent of adjoining owner
69Where adjoining owner under disability
70Compensation to other persons interested
71Deed of assent to be filed with Registrar-General of Land
72Dissent of adjoining owner
73Result of decision of District Court Judge
74Application of compensation in case of owners under disability
75Duty of District Court Judge, etc
76Power of applicant to clear drains
77Power of adjoining owner to divert drains
78Obstructing or injuring drains
79Costs of application
80Provision in case of diversion of outfall
81Judge not deemed to be interested merely because a ratepayer
82Malicious destruction of property
83Obstruction
84Fines recoverable summarily
85Rules as to Assessors
86Remuneration of Assessors
87Financial arrangements on abolition of district or alteration of boundaries [Repealed]
88Government works not to be interfered with
89Application of Act to Maori lands
Reprint notes

An Act to consolidate certain enactments of the General Assembly relating to the drainage of land