Dunedin Gas and Waterworks Act 1877

Local Act		1877 No 23
Date of assent		20 November 1877

	Title
	Preamble.

An Act to extend certain provisions of “The Municipal Corporations Act, 1876,” relating to Waterworks for and to Lighting the City of Dunedin, and to render the said Sections applicable to the Waterworks acquired by the Corporation of the City of Dunedin under the provisions of “The Dunedin Waterworks Act, 1874,” and to the Gasworks acquired by the said Corporation under “The City of Dunedin Borrowing Act, 1871,” “The Dunedin Gas and Waterworks Loan Act, 1872,” and “The City of Dunedin Gasworks Act, 1874.”

Preamble.

WHEREAS by the ninth section of the Act of the General Assembly of New Zealand intituled “The Dunedin Waterworks Act, 1874,” all the powers, rights, and privileges whatsoever (save as therein excepted) granted by “The Dunedin Waterworks Act, 1864,” “The Dunedin Waterworks Act Amendment Act, 1866,” and “The Dunedin Waterworks Act Amendment Act, 1871,” were vested in and transferred to the Corporation of the City of Dunedin: And whereas the Council of the City of Dunedin are about to construct waterworks under the provisions of Part XI. of “The Municipal Corporations Act, 1876,” in addition to those acquired under “The Dunedin Waterworks Act, 1874 And it is deemed expedient, in order to avoid the inconvenience that would arise from the maintenance of two distinct systems of rating for water supply in the said city, and to secure uniformity in respect of the waterworks of the said city, that the provisions of “The Municipal Corporations Act, 1876,” hereinafter specified, should be extended and made applicable to the waterworks so acquired by the Corporation of the City of Dunedin as aforesaid: And whereas the Corporation of the City of Dunedin, in pursuance and exercise of the powers vested in them by “The City of Dunedin Borrowing Act, 1871,” “The Dunedin Gas and Waterworks Loan Act, 1872,” and “The City of Dunedin Gasworks Act, 1874,” purchased and acquired certain gasworks in the said Act referred to, and have from time to time extended and added to the same: And it is expedient that the provisions of “The Municipal Corporations Act, 1876,” relating to lighting, which are hereinafter particularly specified, should be extended to the City of Dunedin, so as to be applicable to the gasworks so purchased and acquired by the said Corporation as aforesaid:

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.

The Short Title of this Act shall be “The Dunedin Gas and Waterworks Act, 1877.”

2 Certain provisions of “The Municipal Corporations Act, 1876,” to apply to Dunedin waterworks.

All the provisions of “The Municipal Corporations Act, 1876,” contained in the sections thereof numbered from two hundred and forty-eight to two hundred and sixty-three, both numbers inclusive, and in section numbered two hundred and sixty-six, shall be applicable to the waterworks acquired by the Corporation of the City of Dunedin under “The Dunedin Waterworks Act, 1874;” And the Council of the City of Dunedin shall have, with respect to the said waterworks, all the powers in the said sections mentioned to the same extent as if the said waterworks were waterworks within the meaning of “The Municipal Corporations Act, 1876,” and had been constructed by the said Council under the provisions of that Act.

3 Certain other provisions to apply to Dunedin gasworks.

All the provisions of “The Municipal Corporations Act, 1876,” contained in sections thereof numbered from two hundred and seventy-eight to two hundred and ninety, both numbers inclusive, shall be applicable to the gasworks so purchased and acquired by the Corporation of the City of Dunedin as aforesaid, and to all extensions of and additions to the said works heretofore made, or which may hereafter be made, and the Council of the City of Dunedin shall have, with respect to the said gasworks and all gas-pipes and fittings laid or to be laid, all the powers in the said sections mentioned to the same extent as if the said gasworks had been constructed, and the said gas-pipes and fittings lawfully laid down, under the provisions of “The Municipal Corporations Act, 1876.”

4 Interpretation.

In applying the said provisions of “The Municipal Corporations Act, 1876,” for the purposes of this Act the words “the Council” shall mean the Council of the City of Dunedin, and the words “the borough” shall mean the City of Dunedin.

5 Repeal of conflicting provisions in former Acts. Saving clause.

All the provisions of “The Dunedin Waterworks Act, 1864,” “The Dunedin Waterworks Act Amendment Act, 1866,” and “The Dunedin Waterworks Act Amendment Act, 1871,” which are contrary to or inconsistent with the provisions of the sections of “The Municipal Corporations Act, 1876,” hereby declared to be applicable to the said waterworks, so far as the same are so contrary to or inconsistent with the said provisions, shall be and the same are hereby repealed, and sections eight and ten of “The City of Dunedin Borrowing Act, 1871,” are hereby also repealed: But the said provisions and sections respectively shall notwithstanding remain in full force so far as relates to any rates levied or imposed, act or thing done, appointment or instrument made, right or privilege accrued, offence committed, forfeiture penalty or liability incurred, or any action prosecution or proceeding commenced, under the authority of, or against the provisions of, any of the said provisions or sections respectively before the passing of this Act.

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Dunedin Gas and Waterworks Act 1877