This Act may be cited as the Dunedin District Drainage and Sewerage Acts Amendment Act, 1909, and it shall form part of and be read together with the Dunedin District Drainage and Sewerage Act, 1900.

In this Act, if not inconsistent with the context,—

In this Act and the Acts hereby amended the following words and expressions, if not inconsistent with the context, shall be deemed to have, and to have had from the passing of the principal Act, the meanings hereby given thereto, in addition to any meaning given to the same words and expressions by the principal Act or any Act amending the same:—

The Board is hereby authorised to borrow further money for the purposes of the principal Act not exceeding the sum of one hundred and fifty thousand pounds, and section fifty-six of the principal Act shall be read and construed as if the words “four hundred and fifty thousand pounds” had been originally inserted therein instead of the words “two hundred thousand pounds.”

All moneys heretofore or hereafter borrowed by the Board shall be deemed to have been and to be so borrowed subject to the appropriation thereof, at the absolute discretion of the Board, for all or any of the purposes mentioned in section sixty-three of the principal Act.

Before raising the loan hereby authorised the Board may make provision for the repayment thereof, either—

Provided that the Board shall not create a sinking fund as aforesaid unless the interest agreed to be paid in respect of such loan is four per centum per annum or less than that rate, and that such sinking fund shall not exceed the rate of one-half per centum per annum on the amount of the loan.

In order to provide funds for the creation of a sinking fund, or for the repayment of debentures becoming due by periodical drawings, the Board may permanently appropriate any part of the General Fund referred to in section fifty - five of the principal Act, or, without any such appropriation, may pay the same out of such fund.

Notwithstanding anything contained in the principal Act, any sinking fund created by the Board as aforesaid shall be available as a security only for the loan hereby authorised.

All moneys so appropriated as a sinking fund (if any), or, if there is no such appropriation, then such moneys as are required for the creation of such sinking fund, shall from time to time be paid by the Board to the Public Trustee as Commissioner of the said sinking fund.

The Public Trustee shall hold the said moneys and deal with the same in the manner provided by the Local Bodies’ Loans Act, 1908, in the case of loans raised under that Act.

The Public Trustee shall send to the Board, at such times as the Board directs, accounts of all moneys and all securities in his hands; and shall, immediately after the thirty-first day of March in each year, send to the Board a balance-sheet showing all transactions in respect of such moneys or securities during the year ending on such day. The Public Trustee shall, together with such balance-sheet, send to the Board a certificate, under the hand of some person appointed by the Audit Office, specifying all the securities held by the Public Trustee.

When the principal money of the loan becomes payable, the accumulated sinking fund (if any) provided for repaying the same shall be applied by the Public Trustee in the payment thereof; and, in case there is any surplus of such fund after such payment, such surplus shall be applied as shall be determined by special order to be passed by the Board in that behalf.

If the loan hereby authorised, or any part thereof, is raised by or through any bank or company or any person or persons appointed to be an agent or agents under or by virtue of section fifty-nine of the principal Act, the debentures in respect of such loan shall, if so required and authorised by the resolution mentioned in such section, be signed or countersigned by such agent or agents or by any officer of such bank or company in such resolution named or referred to.

When the principal money of any loan raised or to be raised by the Board becomes payable, except where the debentures of such loan are paid by periodical drawings as above provided, it shall be lawful for the Board from time to time to reborrow moneys under the provisions of the principal Act for the purpose of paying so much of the said principal moneys as is not provided for by any accumulated sinking fund held for the payment thereof.

Moneys borrowed by the Board may, until the same are required for the purposes for which the same were borrowed, be invested in such manner as the Audit Office approves.

Section thirty of the principal Act shall extend and apply, and be deemed from the passing of the principal Act to have extended and applied, to all sanitary conveniences and sanitary appliances.

The words “where no other penalty is provided” in section thirty-five of the Amendment Act, 1902, are hereby repealed, and the following words substituted therefor: namely—“where no monetary penalty is provided by such by-law or regulation.”

The principal Act shall, as from the commencement thereof, be deemed to have conferred upon the Board the power in making a by-law to provide that the same shall apply only to properties which then or thereafter shall be sewered properties within the meaning of section forty-eight of the principal Act as extended by section ten of the Amendment Act, 1906.

By-laws of the Board affecting sewered properties and the owners thereof respectively shall extend and apply to sewered properties and the owners thereof respectively for the time being, and whether the notice relating to any such property under the provisions of section forty-eight of the principal Act was given before or after the making of such by-laws.

The connection of one or more private drains to another private drain, whether before or after the commencement of this Act, and whether with or without the consent of the Board, shall not of itself convert or be deemed to have converted such last-mentioned drain into a public drain or sewer.

Any notice or order given by the Board under or by virtue of the said Acts or the by-laws, requiring the execution of works, shall be sufficient if it describes generally the works required to be executed, and may (with or without any such description) refer to a plan attached thereto, or indorsed thereon, or deposited in the office of the Board.

In any such notice as aforesaid the Board may, as an alternative, permit existing works to be used, provided the same, as so existing or as altered, are proved to the satisfaction of the Drainage Engineer to comply with the by-laws; the burden of which proof shall be on the owner.

Any agreement heretofore or hereafter entered into between the Board and the owner of any premises relating in any way to the drainage of such premises or any part thereof, or any sanitary convenience or sanitary appliance thereon, therein, or thereunder, including the removal of any sanitary convenience or sanitary appliance for which a temporary permit has been or may be given by the Board, shall enure for the benefit of and bind the owner for the time being of such premises, or the part thereof affected by such agreement, from and after the entry of a note or memorandum of such agreement in the Register of Charges of the Board, any other Act to the contrary notwithstanding.

Whenever any notice or order is given by the Board under or by virtue of section twenty-six of the principal Act and section twelve of the Amendment Act, 1907, or either of such sections, and the Board elects to do the work itself, and whenever the Board has agreed to do any work in connection with the drainage of two or more separately owned premises, the Board may delay the execution of any part of such work for so long as the Board thinks fit; and in such case the apportionment of the cost of such works shall, as regards any such premises or part thereof which the Drainage Engineer certifies does not or would not derive any immediate benefit from such works, be deemed to be an interim apportionment only, and such apportionment shall not prejudice or affect the power or duty of the Drainage Engineer to make further apportionments from time to time if and whenever any further portions of such works are executed.

The words “on the registration of the memorandum hereinafter mentioned,” in section forty-five of the principal Act, and the words “and when any sum” and the following words in such section to the end thereof, and also the whole of section forty-six of the said Act, are hereby repealed, except so far as regards any charge heretofore created under such sections and the release of any such charge.

The receipt by the Board under its seal for the amount of any charge hereafter created, or part thereof, and the entry of a note or memorandum thereof in the Register of Charges, shall be a release of such charge to the extent of the amount received.

The powers vested in the Board to require the execution of works shall be exercisable from time to time.

Section twelve of the Amendment Act, 1902, is hereby amended by adding thereto, after the word “Act,” the words “and section twelve of the Dunedin District Drainage and Sewerage Act Amendment Act, 1907.”

It shall be lawful for the Board, by agreement with and at the expense of the owner of any premises, to execute, provide, and do on or in connection with such premises any work, materials, and things which such owner may desire to have executed, provided, and done, in addition to works in connection with the drainage, sewerage, or sanitation of such premises; and in the case of such an agreement the Board may stipulate that the expense of the work, materials, and things shall come within the operation of section twenty-eight of the principal Act. All the provisions of the principal Act and the amendments thereof shall apply to such agreement, and the works, materials, and things provided and done in pursuance thereof, and the cost thereof.

The word “six” in section twenty-two of the Amendment Act, 1907, is hereby repealed, and the word “fix” substituted therefor.

All that part of the Borough of Roslyn lying to the westward of the line described in the Schedule hereto is hereby excluded from the district.

Whenever the Board, under or by virtue of any of the provisions of the said Acts, proposes to construct or lay a private drain, the Board may make all necessary applications under section sixty-seven of the Land Drainage Act, 1908, and section eleven of the Amendment Act, 1906, and shall for that purpose have all the rights and powers of the owner or owners of the premises which such drain is intended to serve.

Any compensation paid by the Board shall be repaid to the Board by the owner or respective owners of the premises which such drain is intended to serve, and, if more than one, in such proportions as the Drainage Engineer certifies either at the time of certifying the cost of such drain, or at any time afterwards, and until so repaid shall be a first charge upon such premises respectively.

After drains have been opened or improvements made, the owner or respective owners of the premises which the same are intended to serve, and his and their successors in title for ever thereafter, shall have and may exercise all the powers contained in section seventy-six of the Land Drainage Act, 1908.

The owners of any adjoining premises, whether such premises are actually contiguous or not, may, subject to the approval of the Board, agree that such premises or any part thereof respectively shall be drained by means of a drain in common. The approval of the Board may be given on such conditions as the Board may think fit.

The said agreement shall be in writing, and may be in such form as the Board may by resolution or by-law prescribe.

The said agreement may be registered in the office of the Board by depositing the same with the Secretary, together with a request for such registration, signed by such owners, and payment of a fee of five shillings; and the Secretary shall thereupon enter in the Register of Charges a note or memorandum of such agreement.

From and after the entry in the Register of Charges of a note or memorandum of such agreement the said agreement shall, without any further procedure, and notwithstanding the provisions of any other Act, bind the premises described or referred to therein and the respective owners for the time being of such premises.

Whenever a drain in common is constructed or laid by or by order or direction of the Board, such drain may be used by the owners for the time being of the respective premises to serve which the same was constructed or laid, as an easement appurtenant thereto, notwithstanding the provisions of any other Act.

A drain in common may, either as to the whole or part thereof, be constructed or laid in a street.

Whenever the Board, under or by virtue of the provisions of the said Acts, proposes to construct or lay a drain in common, and there is in existence a drain serving premises adjoining the premises, or any of them, to serve which such drain in common is proposed to be constructed or laid, and whether contiguous or not, the Board may connect the new drain with such existing drain, or otherwise include the same in the combined operation; and in such case the owner or owners of such last - mentioned premises, and, if more than one, in such shares and proportions as the Drainage Engineer certifies in writing, shall pay to the Board such proportion of the then value of such existing drain as the Drainage Engineer certifies in writing; and all moneys paid to the Board under or by virtue of this subsection shall be held in trust for such person or persons as would be entitled to any compensation payable under the said Acts if the premises on which such existing drain is situated had been taken by the Board.

The provisions of section four of the Amendment Act, 1902, shall apply to any number of vacancies; and if the first vacancy has been filled up by the election of the person who at the last preceding election of members received the nearest number of votes to any person elected, any subsequent vacancy may be filled up by the Board by electing the person who at the last preceding election received the nearest number of votes to the person elected to fill up the last preceding vacancy, and so on.

Every person making an application to the Board shall be responsible for the truth of the statements therein contained, and any person making a false statement to the Board or any officer thereof in connection with any application to the Board for a permit or certificate, and whether such statement is contained in an application or not, is liable to a fine not exceeding twenty pounds.

Every person who wilfully and falsely pretends to be licensed by the Board as a drainer or as a plumber, or uses any name, title, or description implying that he is so licensed, is liable to a fine not exceeding twenty pounds.

Section twenty-five of the Amendment Act, 1902, is hereby amended by omitting the words “the watershed of the Kaikorai Stream,” and substituting the words “that portion of the Kaikorai watershed within the Borough of Mornington.”

Every property within such part of the Kaikorai watershed in the Borough of Maori Hill as is within the district as altered by this Act, and the owner of every such property, shall be and continue charged with and liable for the payment of the rates for the respective years ending on the thirty-first day of March, nineteen hundred and nine and nineteen hundred and ten, which would have been payable in respect of or leviable upon such property under or by virtue of the said Acts if the Amendment Act, 1902, had not been passed:

Provided that the rates payable for the respective years ending on the thirty-first day of March, nineteen hundred and four, nineteen hundred and five, nineteen hundred and six, nineteen hundred and seven, nineteen hundred and eight, nineteen hundred and nine, and nineteen hundred and ten, shall be payable to the Mayor, Councillors, and Burgesses of the Borough of Maori Hill (hereinafter called the said Corporation) by the persons who shall be the owners of such properties respectively at the time of the passing of this Act, and shall be recoverable by such Corporation (notwithstanding the expiration of any time limited for the recovery of rates) in like manner as if the same were rates levied by such Corporation, and as if all conditions precedent to the recovery thereof had been complied with.

The said Corporation shall pay to the Board the sum of fifty pounds, which sum the said Corporation is hereby authorised to pay, and which shall be accepted by the Board in satisfaction of the rates mentioned in the last preceding subsection (that is to say, up to and inclusive of the thirty-first day of March, nineteen hundred and ten), whether such rates be collected by the said Corporation or not.