Reprint as at 1 July 2013

River Boards Act 1908

Public Act1908 No 165
Date of assent4 August 1908

Note

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

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


Contents

Title

1 Short Title, etc

2 Interpretation

3 Acts incorporated

Petitions

4 Provisions as to petitions

5 Petitioners may set after their names number of votes they may be entitled to exercise [Repealed]

River districts

New districts

6 Governor-General may on petition constitute river districts [Repealed]

7 Borough and town district to form separate subdivision [Repealed]

8 Provision for first elections of new Boards, etc Roll of electors [Repealed]

Union of districts

9 Districts may be united [Repealed]

10 Governor-General to fix number of members of Board of united district [Repealed]

11 Boards of districts united to be dissolved [Repealed]

12 Property, etc, of districts united to vest in new district [Repealed]

13 Governor-General to provide for first elections [Repealed]

Alteration of districts

14 Alteration or abolition of districts [Repealed]

River boards

Number of members of the Board—elections

15 Constitution of Board

16 Boards prior to 10 November 1884

17 By whom members elected

18 Provision where a local authority forms or elects Board

19 Governor-General in Council may declare what bodies shall return members in certain cases

20 Conditions on which Board may alter number of members

Dissolution and reconstitution of boards

21 Governor-General, on request, may dissolve and reconstitute a Board

22 Corporation to continue, and property of Board dissolved to belong to new Board

23 Governor-General may appoint a person to make inquiries into property of Board

24 Refusing information, etc

25 Term of office of members returned at a special election [Repealed]

Conduct of elections

26 Local Electoral Act 2001 to apply

27 General election in January every three years [Repealed]

28 Who qualified to be member

29 Disqualification of members

30 Who are ratepayers

30A Ratepayers list

30B Public notice of ratepayers list and objection rights

30C Objections to ratepayers list

31 As to number of votes for each ratepayer

32 When members come into office or cease to hold office [Repealed]

33 Person elected for 2 or more subdivisions

34 How office of member becomes vacant

35 Vacancies not to invalidate acts of Board

36 Acting when disqualified

37 District Court Judge may issue summons for ouster of office against member or Chairman

38 On hearing summons District Court Judge may adjudge member to be ousted

39 District Court Judge may exercise power as in civil cases

40 Before whom affidavits sworn

41 Questions hereunder cannot be tried in High Court

42 Governor-General may extend time for holding elections, etc

Proceedings of the Board

43 Board a local authority

44 Acts, etc, of Board to be valid notwithstanding irregularity

45 Offices of Board

46 Board may appoint officers

47 When Chairman elected

48 When Chairman comes into office

48A Annual allowance to Chairman and Deputy Chairman [Repealed]

49 Chairman at meetings

50 Resignation, etc, of Chairman

51 Notice of ordinary meetings

52 How questions decided at Board

53 As to quorum of Board

54 Members cannot vote where interested [Repealed]

55 As to adjournment of meetings

56 As to ordinary meetings

57 Special notice required for extraordinary business

58 As to revocation or alteration of resolutions

59 How special meeting convened

60 How special orders made

61 Special orders to be notified [Repealed]

62 Rules for conduct of business

63 Minutes of Boards

64 Minutes to be evidence of proceedings

65 Minute book and books of account to be open to inspection of ratepayers

66 Travelling allowances

66A Annual allowances and remuneration of Chairman, Deputy Chairman, and members [Repealed]

66B Subscriptions to New Zealand Drainage and River Boards' Association, and travelling expenses of representatives

66C Boards may insure members against personal accident

Powers and duties of boards

Contracts

67 Board may contract for execution of works, etc

68 Mode of entering into contracts [Repealed]

69 Contracts over $400 to be by tender

70 Contracts of Board to bind

71 Actions or suits may be maintained on contracts

72 Board may compound for breach of contract

River works

73 Rivers under control of Board

74 Power to take lands

75 Power to remove soil, etc

76 Power to enter on lands, etc

77 Board may order trees impeding river or stream to be removed

78 Property, etc, vested in Board

79 Wilful damage to river works

80 Board may contract with other local authority or any Minister of the Crown

81 Board may join with other local authorities in making contracts

82 Powers of local authorities parties to such contract

83 Drainage works may be undertaken by River Boards instead of County Councils [Repealed]

84 Board not to interfere with Government public works

85 Powers of Governor-General as to public works not affected by this Act

86 Board not to construct works on tidal waters without consent of Governor-General

Rates

87 Power to levy general rates [Repealed]

88 Rate to be property rate either uniform or according to classification [Repealed]

89 Tenant may recover rates against landlord in certain cases

90 Boards of subdivided districts may direct separate rates to be levied [Repealed]

91 Board may itself make separate and special rates [Repealed]

92 Sections 101 to 105 suspended as to rate made by Board [Repealed]

Classification of lands for rating

93 Classification of town lands and country lands [Repealed]

94 Report on lands to be classified [Repealed]

95 Classification to be published [Repealed]

96 Appeal against classification [Repealed]

97 Notice of appeal to be given [Repealed]

98 Hearing of appeals [Repealed]

99 Costs of appeal [Repealed]

100 Classification list evidence of liability of person named therein [Repealed]

Collection of rates by local authorities

[Repealed]

101 Local authorities may collect rate within their respective jurisdictions [Repealed]

102 Annual value and capital value [Repealed]

103 Rates to be handed to River Board [Repealed]

104 Costs may be retained [Repealed]

105 Liability if local authority neglects to collect rate [Repealed]

Borrowing powers

106 Overdrafts [Repealed]

107 Board may borrow money [Repealed]

108 Powers of Receiver [Repealed]

109 Alteration in terms of payment of loan

Control of money and audit

110 Board to take security from officers

111 Money of Board to be paid into bank within 7 days

112 Secretary to keep accounts

113 Board may require statements of accounts at any time

113A Establishment of renewal and replacement funds

114 Audit Office to audit

115 Balance sheet to be publicly notified [Repealed]

116 Money not accounted for to be debt due to Board

117 Persons refusing to deliver up money and papers may be imprisoned

117A Unauthorised expenditure

Special provisions

County river boards

118 Governor-General may proclaim County Council to be River Board

119 Effect of Proclamation

120 Proclamation may be revoked

Miscellaneous

121 How notices shall be sent

122 How orders, summonses, etc, by Board signed

123 Who to represent Board in proceedings in Court

124 Judge not deemed interested merely because a ratepayer

125 Obstructing Board

126 Misnomer, etc, not to invalidate Proclamations

127 Local authority may levy rate when Board refuses

128 Saving of certain sections of prior Acts [Repealed]

Schedule 1

Schedule 2

[Repealed]

Reprint notes


An Act to consolidate certain enactments of the General Assembly relating to the constitution of River Boards and the construction of river works