This Act may be cited as the Waimairi County Electrical Supply and Christchurch City Empowering Act, 1945.

In this Act, unless the context otherwise requires,—

On a date to be fixed by the County Council, being not later than the second day of March, nineteen hundred and forty-six, a poll of the electors of the Waimairi County as constituted immediately before the first day of December, nineteen hundred and forty-four, shall be taken on the proposal to transfer to the Christchurch City Council the electrical supply undertaking of the Waimairi County Council and the powers, duties, and obligations conferred and imposed on the County Council in connection therewith.

The County Council shall cause the requisite rolls to be prepared and take all other steps necessary to ensure that the poll is duly taken as aforesaid.

The poll shall be taken in accordance with the Local Elections and Polls Act, 1925, and for the purposes of the poll the electors shall be electors within the meaning of the Counties Act, 1920, as extended by the Local Elections and Polls Amendment Act, 1944.

The proposal shall be deemed to be carried if affirmed by a majority of the valid votes recorded at the poll.

Within fourteen days after the taking of the poll, the Returning Officer shall notify the Minister of Works of the result of the poll and that Minister shall thereupon notify the result in the Gazette.

If the poll is not taken within the prescribed time or the proposal is carried the following provisions of this Act shall come into force on the first day of April, nineteen hundred and forty-six, but otherwise they shall be of no effect whatsoever.

The powers conferred on, and the duties and obligations imposed on, the County Council relating to the supply of electricity in the county by Order in Council dated the ninth day of October, nineteen hundred and sixteen, gazetted on the twelfth day of October, nineteen hundred and sixteen, and by Order in Council dated the fifth day of March, nineteen hundred and twenty-eight, gazetted on the eighth day of March, nineteen hundred and twenty-eight, are hereby conferred and imposed on the City Council and the said Orders in Council shall be read and construed as if the City Council had been referred to where the County Council is referred to in the said Orders.

The Board is hereby dissolved, and the Waimairi Electric-power District is hereby abolished.

All real and personal property of the county corporation and of the Board used for the purposes of electrical supply, and all moneys belonging to the Electric Supply Account of the county corporation, shall, by virtue of this Act, vest in the city corporation on the coming into operation of this Act for the purposes of supplying electricity to the inhabitants of the county.

All obligations, engagements, and liabilities of the county corporation and of the Board in respect of electrical supply operations (including liability for loans, and the interest thereon) shall by virtue of this Act, be obligations, engagements, and liabilities of the city corporation.

The City Council shall indemnify the County Council and the Board against all liabilities of the county corporation and the Board in respect of—

The City Council shall make all arrangements necessary to meet the financial obligations referred to in the last two preceding sections.

Nothing in this Act shall be construed so as to affect in any way the security afforded to any creditor of the county by any special rate.

All sinking funds which have heretofore accrued in respect of loans raised by the County Council the liability wherefor has become by virtue of this Act a liability of the city corporation shall be held by the Sinking Fund Commissioners for the purpose of the repayment of those loans by the City Council.

All powers of appointment and removal of Sinking Fund Commissioners in respect of such loans vested in the County Council are hereby conferred on the City Council.

If any dispute shall arise between the City Council and the County Council or the Board as to the effect of sections seven, eight, nine, eleven, and twelve hereof, the Controller and Auditor-General, or such other person as the Governor-General appoints, shall, on the application of any of the parties to the dispute, hold an inquiry, and shall make an award as to the matters in dispute.

Any such award may provide for all or any of the matters included in the subject for inquiry, and may declare what property shall be vested in the city corporation, and by whom any moneys shall be paid, or other acts and things done, including the payment by either party of the whole or any part of the expenses of the inquiry; and the person making the award may make and give such directions generally as may be necessary for giving full effect to the objects of the inquiry.

Every such award shall be final, and shall from the date thereof have the operation of, and be enforceable as, and be held to be a judgment of the Supreme Court.

Neither the Controller and Auditor-General nor any other person appointed under the foregoing provisions of this section to hold an inquiry and make an award with respect to any matters in dispute as aforesaid shall be deemed to be an arbitrator within the meaning of the Arbitration Act, 1908, and nothing in that Act shall apply to any such inquiry or award.

The City Council shall supply electricity to the inhabitants of the county at the same prices and on the same conditions as electricity is supplied to the inhabitants of the City of Christchurch.