Lake Taupo Compensation Claims Act 1947

Lake Taupo Compensation Claims Act 1947

Public Act1947 No 18
Date of assent26 September 1947

An Act to fix the basis on which the Court shall assess compensation in relation to the control of the level of Lake Taupo

  • Preamble

    WHEREAS the works undertaken for the purpose of controlling the level of the waters of Lake Taupo, and referred to in section 34 of the Finance Act (No 3) 1944, were designed and constructed for the purpose of controlling those waters within a range of levels none of which exceeds the maximum working level of 357.387 metres above mean sea level Moturiki datum (1956 survey), or the equivalent level determined for any subsequent survey made by the Surveyor-General in substitution therefor or amendment thereof: And whereas it is not at present proposed to control those waters at any higher working level.

    The words in square brackets were substituted for the words “one thousand one hundred and seventy-seven feet above sea-level” by section 2(1) of the Lake Taupo Compensation Claims Amendment Act 1976.

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

1 Short Title

  • This Act may be cited as the Lake Taupo Compensation Claims Act 1947.

2 Interpretation

  • (1) In this Act, unless the context otherwise requires,—

    Court means a special Compensation Court constituted in accordance with the provisions of the said section 34 of the Finance Act (No 3) 1944

    Maximum working level means—

    • (a) The level of 357.387 metres above mean sea level Moturiki datum (1956 survey) or the equivalent level determined for any subsequent survey made by the Surveyor-General in substitution therefor or amendment thereof; or

    • (b) Such other level as may for the time being be prescribed under section 3 of this Act:

    Maximum working level: The definition of this term was substituted for the original definition by section 2(2) of the Lake Taupo Compensation Claims Amendment Act 1976.

    Ordinary claim means a claim for compensation, other than a special claim, which requires to be determined in accordance with the provisions of the said section 34, as amended by section 36 of the Finance Act (No 2) 1945

    Special claim means a claim for compensation made under section 5 of this Act

    Works means the existing works designed and constructed for the purpose of controlling the level of the waters of Lake Taupo, and referred to in the said section 34.

    (2) For the purposes of any ordinary claim or any special claim, the level of Lake Taupo shall be determined by reference to the Taupo fundamental bench mark that has been established adjacent to co-ordinates 596 927 metres south and 265 131 metres west of the Bay of Plenty circuit origin, and is situated in Block II of the Tauhara Survey District, which bench mark in the 1956 survey represented a height of 363.269 metres above mean sea level Moturiki datum.

    Subs (2) was substituted for the original subsection (2) by section 2(3) of the Lake Taupo Compensation Claims Amendment Act 1976.

3 Power to alter maximum working level

  • (1) The Minister of Energy may from time to time, by notice published in the Gazette, prescribe the maximum working level up to which it is intended that the works will be used to control the waters of Lake Taupo.

    (2) The works shall not at any time be used for the purpose of controlling the waters of Lake Taupo at any level higher than the maximum working level.

    In subsection (1) the reference to the “Minister of Energy” was substituted for a reference to the “Minister of Electricity” (as substituted for a reference to the Minister in Charge of the State Hydro-electric Department by section 4(2) of the Electricity Amendment Act 1958) by section 18(3)(a) of the Ministry of Energy Act 1977.

4 Compensation to be assessed on basis of range of levels not exceeding maximum working level

  • All special claims which arise as a result of the maximum working level being increased by a notice under section 3 of this Act, and all ordinary claims, shall be determined on the basis that the works will be used for the purpose of controlling the waters of Lake Taupo within a range of levels none of which exceeds the maximum working level.

5 Special claims in event of increase in maximum working level

  • (1) If at any time after the passing of this Act the maximum working level is increased by a notice under section 3 of this Act, or if notwithstanding the provisions of the said section 3 the works are used for the purpose of controlling the waters of Lake Taupo at levels higher than the maximum working level, then on each such occasion a special claim for compensation in accordance with section 34 of the Finance Act (No 3) 1944, as amended by section 36 of the Finance Act (No 2) 1945, may thereupon be made at any time not later than 12 months after a notice relating to that occasion has been published in the Gazette in accordance with section 3 or section 6 hereof.

    (2) A special claim or claims may be made under this section, notwithstanding that compensation in respect of the same matters may have been previously awarded on the basis of a lower maximum working level, but in determining any such special claim or claims the Court shall take into account the compensation previously awarded as aforesaid.

6 Notice to be published in the Gazette if works used to control Lake Taupo at level higher than the maximum working level—

  • If, notwithstanding the provisions of section 3 of this Act, the works are used at any time after the passing of this Act for the purpose of controlling the waters of Lake Taupo at any level higher than the maximum working level, the Minister shall forthwith, by a notice published in the Gazette, announce that fact.