An Act to amend the Constitution of the Foxton Harbour Board, and to confer certain Powers upon the said Board to borrow Moneys to establish a Rating District and to acquire certain Properties now vested in His Majesty the King.

BE IT 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 Foxton Harbour Board Amendment Act, 1917.

2 Interpretation.

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

“Harbour” means the Harbour of Foxton:

“Board” means the Foxton Harbour Board:

“The Act” means the Harbours Act, 1908, and its amendments:

“Harbour-works” means harbour-works as defined by section two of the Harbours Amendment Act, 1910, and includes the special works authorized by this Act:

“The district” means the Foxton Harbour District as herein constituted.

3 Special Act.

This Act shall be deemed to be a special Act within the meaning of the Act.

4 District constituted.

The Foxton Harbour District is hereby constituted for the purpose of this Act, and such district shall comprise the area described in the First Schedule hereto.

5 Extension of area.

In case the boundaries of any of the counties or boroughs referred to in the First Schedule hereto shall at any time be altered so as to include a greater area than is included within the boundaries of the said counties or boroughs at the time of the passing of this Act, then the area of the district shall be deemed to be extended so as to include the whole of the area for the time being within the said counties or boroughs.

6 Additional member of Board.

In addition to the existing seven members of the Board one member shall be elected by the electors of Kairanga County.

7 Mode of appointment.

Such member shall be elected on the day appointed for the election of the elective members of the Board. Pending such election such member shall be appointed by the Council of the Kairanga County, and shall hold office until such election.

8 Power for His Majesty the King to sell and Board to acquire lands and assets.

(1.)

His Majesty the King may transfer and the Board may acquire the lands and assets described in the Second Schedule hereto (subject as regards portions thereof to the leases for a term of years to Levin and Company (Limited), and to the lease on a year-to-year tenancy, determinable by three months’ notice, to the West Coast Steamship and Trading Company, (Limited)) upon payment by the Board of the sum of five thousand pounds; and upon payment of the said sum the said lands and assets shall by force of this Act vest in the Board for the purpose for which it is constituted.

(2.)

For the purposes of this section the term “assets” shall not be deemed to include—

(a.)

The materials of any sidings, or the rentals or any other charges payable in respect of any sidings now laid or which may hereafter be laid by the Railway Department upon the said land; or

(b.)

Any buildings, machinery, or structures erected on the portions of the said land held under lease by the companies hereinbefore mentioned.

(3.)

The cart access leading to the land leased to Levin and Company (Limited) aforesaid shall cease and determine on the first day of January, nineteen hundred and twenty-eight.

9 Power to construct works.

It shall be lawful for the Board, subject to the provisions of the Act, to construct such harbour-works as the Board considers necessary for the requirements of the harbour and the navigable waters of the Manawatu River from the Wirikino Bridge, above the Railway Department’s wharf at Foxton, to the seaward limits of the harbour; and also to purchase, erect, construct, maintain, repair, or alter all such tugs and dredges as may be deemed necessary or proper by the Board; and also to erect and construct all such cranes, sheds, wharves, training-walls, and works for the improvement of the said harbour and navigable waters as are judged necessary by the Board for the safety, convenience, or reception of vessels resorting thereto and for the more convenient loading and unloading of such vessels, or for the safety and protection of any works constructed or proposed to be constructed by the Board, and for providing proper access to and from such works.

10 Power to borrow.

(1.)

The Board may from time to time, subject to the provisions of the Act and this Act, and of section twenty-six of the Appropriation Act, 1915, borrow any sum or sums not exceeding in all sixteen thousand pounds for all or any of the purposes set out in the Third Schedule hereto, and the first year’s interest and sinking fund on the said amount.

(2.)

No money shall be borrowed under the authority of this Act which shall produce to the lender a higher rate of interest than five and one-half per centum per annum.

11 Consent of ratepayers.

(1.)

The Board shall not borrow any money under the authority of this Act other than a repayment loan, except with the consent of the ratepayers of the district, ascertained in manner prescribed by the Local Bodies’ Loans Act, 1913, as modified by this Act.

(2.)

All the provisions of Part I of that Act shall, save as by this Act expressly or impliedly modified, extend and apply to the loan hereby authorized; and the district shall be deemed to be a district and the Board shall be deemed to be a local authority for the purposes of that Act.

(3.)

For the purposes of this section the Valuer-General shall, whenever requested by the Chairman of the Board so to do, prepare from the district valuation rolls in force under the Valuation of Land Act, 1908, at the date of such request in any borough, town district, or county, or any part thereof, comprised in the district, a special roll setting forth the names of all persons whose names appear in the ratepayers’ column of such district valuation rolls respectively in respect of any lands situated in the district. Such special roll shall be signed by the Chairman or two members of the Board, and when so signed shall be the roll upon which the poll shall be taken.

(4.)

Every person whose name appears on such special roll shall be entitled to one vote only.

(5.)

If the total number of valid votes recorded in favour of the proposal is a majority of the total number of valid votes recorded at any poll the proposal shall be deemed to be carried.

12 Maximum differential rate.

The maximum rate that the Board shall be entitled to levy upon the several areas comprising the district for the purpose of providing for the repayment of the said sum of sixteen thousand pounds and interest, and the repayment of any subsequent loan or loans hereafter authorized and interest thereon, shall be the fractional part of a penny in the pound sterling set opposite its respective name in the Fourth Schedule hereto.

13 Proportion of rate if less than maximum.

In the event of the Board levying a rate less than the maximum rate the rates in the respective areas forming the district shall bear the same proportions to one another as the several maximum rates, as specified in the Fourth Schedule hereto, bear to one another.

14 Section 9 of Foxton Harbour Board Act, 1908, amended.

(1.)

Section nine of the Foxton Harbour Board Act, 1908, is hereby amended by the addition of the following proviso:—

“Provided that the bush standing on Section 332 aforesaid shall not be leased, cut, destroyed, or damaged in any way by the Board without the prior consent in writing of the Minister of Lands having been obtained thereto; and any lease granted by the Board over Section 332 shall contain a clause prohibiting the lessee from lighting or allowing to be lighted any fire within two chains of the bush, and otherwise ensuring that every precaution is taken against the destruction of the bush by fire.”

(2.)

From the date hereof no bush upon Section 332 aforesaid shall be cut or damaged in any way, notwithstanding the issue of any lease or timber-cutting rights granted over the said section by the Board.

SCHEDULES

FIRST SCHEDULE

The area of land at present comprising the Manawatu County, Kairanga County, Palmerston North Borough, Feilding Borough, Levin Borough, and Foxton Borough.

SECOND SCHEDULE

All that area of land bordered red and bounded as follows: On the west partly by the outer edge of the wharf-kerbing and partly by the western boundary of the land taken for railway purposes by a Proclamation published in the New Zealand Gazette No. 70, of the 26th August, 1909; on the north by the northern boundary of the land so taken as aforesaid; on the east partly by the eastern boundary of the land taken by Proclamation aforesaid, partly by a right line, and partly by a line east of and 5 ft distant from the inner edge of the wharf-decking; on the south by the southernmost end of the wharf: as the same is more particularly delineated on the plan marked C.E.W.R. 24689, in the office of the Minister of Railways, at Wellington: subject as to part of the said land to leases Nos. 5834 and 5835.

THIRD SCHEDULE

The payment of the sum mentioned in section 8, the construction and purchase of a dredge, and the construction and performance of the works or any of them authorized by section 9.

FOURTH SCHEDULE

Local Authority.	Differential Rate.
Manawatu County	One-eighth.
Kairanga County	One twenty-fourth.
Palmerston North Borough	One-tenth.
Feilding Borough	One-twentieth.
Levin Borough..	One-twelfth.
Foxton Borough	Seven-eighths.

Foxton Harbour Board Amendment Act 1917