WHEREAS by “The Dunedin Waterworks Extension Act, 1875” (hereinafter called “the said Act”), the Corporation of the City of Dunedin is empowered to extend its waterworks for the supply of the suburbs of Dunedin with water; and is also declared to have, within such suburbs, the same powers of rating the inhabitants thereof for water supply as the said Corporation hath within the aforesaid city: And whereas many of the suburbs of the aforesaid city have, since the passing of the said Act, become separate boroughs or parts thereof, and it is expedient to modify the terms of the said Act, as far as regards the supply of water to such last-named boroughs:

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 Waterworks Extension Act 1875 Amendment Act, 1878.”

2 Interpretation.

The terms following within inverted commas shall have the meanings hereby assigned to them respectively, unless there be something in the context repugnant thereto or inconsistent therewith, that is to say,—

“The Dunedin waterworks” mean the waterworks belonging to the Corporation of the City of Dunedin, and all reservoirs, cisterns, tanks, aqueducts, drains, cuts, races, sluices, mains, pipes, plant, weirs, engines, and other works and appliances whatsoever connected therewith.

“The suburbs” or “the said suburbs” mean all those suburbs of the City of Dunedin lying within a radius of three miles and a half from that part of the said city commonly called or known as “The Octagon.”

“Borough” means any town or place incorporated under Act or Ordinance of any Legislature.

“Stream” includes springs, brooks, and all other running waters.

3 Suburban boroughs may draw water from Dunedin Waterworks.

If the Corporation of any borough, any part whereof is situated within the limits of the suburbs hereinbefore defined (herein called a “suburban borough”), shall, at their own cost, lay down necessary works for the supply of the inhabitants of such borough with water, and shall connect such works with any part of the Dunedin Waterworks, or with any stream that is lawfully impounded by and transferred to the Corporation of the City of Dunedin for the purposes of the Dunedin Waterworks, they shall be entitled at all times to draw from such waterworks or stream respectively a sufficiency of water for the supply of the aforesaid inhabitants.

4 Payment therefor.

The Corporation of any suburban borough shall pay to the Corporation of the City of Dunedin, for the water drawn from the Dunedin Waterworks, or from any stream as aforesaid, for the supply of the inhabitants of such suburban borough, a sum not exceeding sixpence for every one thousand gallons of water drawn as aforesaid.

5 Prevention of waste or injury.

All works constructed as aforesaid by the Corporation of any suburban borough shall be under their exclusive control and management: Provided always that the Corporation of the City of Dunedin shall be entitled at any time to inspect such works for the purpose of avoiding waste of water or preventing injury to any part of the Dunedin Waterworks, or the fouling of any stream aforesaid

6 Powers of suburban boroughs outside of its limits.

For the purpose of connecting any works as aforesaid with the Dunedin Waterworks, or with any stream as aforesaid, the Corporation of any suburban borough shall have the same powers, outside of the limits of such borough and along a line reaching to the point of any such intended connection, as such Corporation may have within its own limits, of constructing waterworks, and of doing all acts or things incident thereto or necessary therefor.

7 Repeal.

So soon as any suburban borough shall have completed works as aforesaid for the supply of water to its inhabitants, the powers granted by the said Act to the Corporation of the City of Dunedin of extending its waterworks to the suburbs, and of rating the inhabitants thereof, shall cease as to such part of the said suburbs as is comprised within the aforesaid suburban borough.

8 Suburbs west of Dunedin may impound water at Silverstream without payment.

Should the Corporation of the City of Dunedin construct waterworks at Silverstream, and from thence to Dunedin, at such a level as will not permit the suburbs lying west of Dunedin to be supplied from such waterworks, then the Corporation of any such borough may construct waterworks at Silverstream aforesaid, and impound sufficient water to supply the inhabitants of such borough; and in this event no payment whatever shall be made by such borough for such supply or impounding.

9 If Corporation of Dunedin construct waterworks to supply suburbs west of Dunedin, may charge additional sum not exceeding 7 per cent. on cost thereof.

If the Corporation of the City of Dunedin constructs a reservoir and other works at Ross Creek, to supply the suburbs lying west of Dunedin, then, in addition to the payment provided for in section four of this Act, the Corporation of Dunedin shall be entitled to charge a sum not exceeding seven per centum per annum on the cost of such reservoir and other works.

Dunedin Waterworks Extension Act 1875 Amendment Act 1878