Nelson Waterworks Extension Act 1935

Reprint
as at 1 October 1936

Coat of Arms of New Zealand

Nelson Waterworks Extension Act 1935

Local Act1935 No 5
Date of assent25 October 1935
Commencement25 October 1935
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

An Act to enable the Nelson City Council to take, divert, impound, collect, use, convey, and appropriate for the purpose and as part of the waterworks for the time being of the City of Nelson the waters known as the Roding River, and all and every the tributaries thereof

  • Preamble

    Whereas it is expedient to enable the Nelson City Council to take, divert, impound, collect, use, and convey the waters of the river called the Roding River, and all and every the tributaries thereof, for the purpose of increasing the supply of water for the use of the inhabitants of the said city; and for that purpose to empower the said Council to extend and lay mains and pipes to connect the said city with the waters of the said river.

1 Short Title

  • This Act may be cited as the Nelson Waterworks Extension Act 1935.

2 Power to take waters of Roding River

  • The Nelson City Council (hereinafter called the Council) is hereby empowered to take, divert, impound, collect, use, convey, and appropriate for the purpose and as part of the waterworks for the time being of the said city the waters of the Roding River, and all and every the tributaries thereof, the catchment or gathering area of the said river and tributaries being shown approximately on the plan marked PWD 88305 deposited in the office of the Public Works Department at Wellington.

3 Power to construct works on Stoke Mental Hospital Reserve, private lands, reserves, roads, and streets

  • The Council is hereby empowered from time to time upon or under the Stoke Mental Hospital Reserve, or any private land, reserve, road, street, or public place, to sink wells or shafts, to provide, construct, procure, or alter such reservoirs, dams, weirs, aqueducts, tanks, drains, pipes, tunnels, culverts, bridges, buildings, machinery, and other works and appliances as the said Council shall think proper for the purpose of giving effect to this Act, and, in particular, may lay water mains of such size and of such material, or construct water races, aqueducts, or other works as the Council may think fit for the purpose of conveying water from the said catchment or gathering area to the City of Nelson, and may with any such water main cross and recross any railway, stream, or river, and may discharge water from any overflow pipe or other appliance into any natural watercourse along the route of such water main, water race, aqueduct, or other work:

    provided that, before the Council shall exercise any of the powers authorised by this section, the following conditions shall be complied with:

    • (a) a plan and description of any work proposed to be done shall be deposited for public inspection at some place within the city:

    • (b) the Council shall give notice in writing to the occupier and owner of any lands, and the local authority having control of any road, street, or public place upon or under which the proposed work would be situate of its intention to construct the proposed works, and shall refer in such notice to such plan and description, and state where the same are open for public inspection. Such notice may be given by serving the same personally upon or by leaving the same at the last known place of business or abode of the occupier and owner or local authority respectively, and, if the place of business or abode of any occupier or owner be not known, by publishing the same twice in some newspaper circulating in the said city:

    • (c) if within 1 month after such notice the said occupier or owner in the case of lands affected, or the local authority in respect of any road, street, or public place, serves on the Council a written objection to the proposed work, the Council shall appoint a day for hearing such objection and shall give notice of the same to the objector:

    • (d) the Council shall hold a meeting on the day so appointed, and may, after hearing any person making such objection, if present, and after considering all such objections, determine to abandon the proposed work or to proceed therewith with or without such alterations as the Council may determine.

4 Protection of Crown in respect of Stoke Mental Hospital

  • (1) If at any time during or after the construction of any works authorised by this Act any damage attributable to any such works is caused to any water supply works owned by the Crown, or if, in the opinion of the Minister of Public Works, it becomes necessary or expedient, in consequence of any works undertaken by the Council, to carry out any work for the protection of any water supply works owned by the Crown, the Council shall forthwith, after receiving notice from the said Minister, proceed to remedy the damage to his satisfaction or to carry out any such protective works as he directs. The Council is hereby authorised to undertake of its own accord any remedial or protective works that the Minister of Public Works could require the Council to undertake, and in such case shall carry out such works to the satisfaction of the said Minister.

    (2) In the event of the supply of water to the Stoke Mental Hospital being at any time reduced or cut off through damage to any water supply works owned by the Crown, or by seepage due to the driving of any tunnel or the construction of other works by the Council, or through any other cause whatever that is attributable to the Council's work, then and in any such case the Council shall forthwith supply to the reservoir of the Stoke Mental Hospital, without charge, such quantity of potable water as will make a flow of 130 000 gallons per diem available if required for the purposes of the said hospital.

    (3) For the purpose of giving effect to the last preceding subsection, the Council forthwith, after the construction of any intake dam and pipeline authorised by this Act, shall connect the pipeline with the reservoir of the Stoke Mental Hospital by means of a pipeline capable of supplying the quantity of water specified in the last preceding subsection.

    (4) Subsections (2) and (3) shall apply and take effect only in the event of the construction by the Council of a tunnel of which some part is within a distance of 120 chains from the intake dam of the Stoke Mental Hospital, which dam is shown on the said plan marked PWD 88305, and is marked “A” on the said plan.

    (5) [Repealed]

    (6) If any dispute arises between the Council and the Minister of Public Works in relation to this section, it shall be determined by arbitration by 3 arbitrators, being an engineer appointed in that behalf by the Minister, the Nelson City Engineer, and a third engineer to be appointed by the other 2 arbitrators.

    Section 4(5): repealed, on 1 October 1936, by section 2(2) of the Nelson Waterworks Extension Amendment Act 1936 (1936 No 5 (L)).

5 Provision for protection of railway

  • Nothing in this Act shall authorise the Council to execute any work upon or affecting any railway work or railway land except with the previous consent and approval of the Government Railways Board, which, in giving its consent and approval as aforesaid, may impose such conditions as it thinks fit for the protection and safety and generally in the interests of the railway.

6 Power to contract for the supply of water to the Tahunanui Town Board, the Waimea County Council, and the Richmond Borough Council

  • (1) The Council shall have power to contract for the supply of water from the main works to the Tahunanui Town Board, the Waimea County Council, and the Richmond Borough Council at such price and upon such terms and conditions as the parties may agree upon.

    (2) Nothing in this section shall be construed to extend the powers of the said Town Board, County Council, or Borough Council to contract for the supply of water from the said works.

7 Provisions of Municipal Corporations Act 1933 to apply to extended powers conferred by this Act

  • The powers conferred by this Act are additional to those conferred by the Municipal Corporations Act 1933, and the provisions of that Act shall, so far as the same are applicable, apply to the exercise by the Council of the powers hereby conferred as if the powers hereby conferred had been conferred by that Act.

Nelson Waterworks Extension Amendment Act 1936

Local Act1936 No 5
Date of assent1 October 1936
Commencement1 October 1936

An Act to amend the Nelson Waterworks Extension Act 1935

1 Short Title

  • This Act may be cited as the Nelson Waterworks Extension Amendment Act 1936, and shall be read together with and deemed part of the Nelson Waterworks Extension Act 1935 (hereinafter referred to as “the principal Act”).

2 Council to ensure adequate supply of potable water to Stoke Mental Hospital

  • (1) Before commencing to construct any tunnel, of which any part shall be within a distance of 60 chains from the intake dam of the Stoke Mental Hospital, the Council shall make such provision, to the satisfaction of the Minister of Public Works, as will ensure that a sufficient supply of potable water will immediately be rendered available to the Stoke Mental Hospital in the event of the supply thereto from its present source being at any time during the progress of the works authorised by the principal Act cut off or reduced through any cause attributable to any such work carried out by the Council.

    (2) This section is in substitution for subsection (5) of section 4 of the principal Act, and the said subsection is hereby accordingly repealed.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Nelson Waterworks Extension Act 1935. The reprint incorporates all the amendments to the Act as at 1 October 1936, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)