Act Repealed Latest version as at 04 September 1959 (as enacted) | 1959 No 6

Kaituna River District Amendment Act 1959

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Contents

Short Title

Interpretation

Board to have certain, additional powers

Additional powers to make bylaws

Schedule Description of kaituna River Disrict

Kaituna River District Amendment Act 1959

Local Act		1959 No 6
Date of assent		4 September 1959

	Title
1	Short Title
2	Interpretation
3	Board to have certain, additional powers
4	Additional powers to make bylaws
	Schedule Description of kaituna River Disrict

An Act to amend the Kaituna River District Act 1926

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 Kaituna River District Amendment Act 1959, and shall be read together with and deemed part of the Kaituna River District Act 1926 (hereinafter referred to as the principal Act).

2 Interpretation

(1)

Section two of the principal Act is hereby amended by repealing the definitions of the expressions “district” or “river district”, “River Board”, and “watercourse”.

(2)

The said section two is hereby further amended by inserting therein, in their appropriate alphabetical order, the following definitions:

“‘District’ or ‘river district’ means the Kaituna River District as particularly described in the Schedule to the Kaituna River District Amendment Act 1959:

“‘Drain’ means every passage, natural or artificial watercourse, or channel above or under the ground through which water flows continuously or otherwise except a navigable river:

“‘Drainage works’ means drainage works of any sort, including the making of drains for receiving water in its natural flow on or from any hills or other sloping land, and diverting the same to prevent its overflow onto any other land on a lower level, as well as drains for carrying off water from any lands and the installation, maintenance, and repair of pumps or other machinery to facilitate the flow or control or disposal of water in or through any drains:

“‘River Board’ means the Tauranga County Council:

“‘Watercourse’ includes all rivers, streams, and channels, natural or artificial, through which water flows, and notwithstanding that water flows through such channels intermittently.”

3 Board to have certain, additional powers

The River Board may from time to time exercise the powers conferred on a Board of Trustees by sections seventeen, eighteen, nineteen, and twenty-three of the Land Drainage Act 1908, and may from time to time execute or do, or cause to be executed or done, any of the matters, works, or acts authorised to be executed or done or caused to be executed or done by the said sections.

4 Additional powers to make bylaws

Section thirty-six of the principal Act is hereby amended by inserting, after paragraph (h), the following paragraphs:

“(i)

To provide for the cleansing and maintenance and repair of any private drain or part thereof which is connected to any watercourse or drain under the control of the River Board by the owner or occupier of the land through which the same is made, and for the execution of such work by the River Board in case of default, and the recovery of the cost thereof from such owner or occupier;

“(j)

To prohibit or regulate the overflow of artesian wells into any drains or watercourses under the control of the River Board;

“(k)

To prohibit or regulate the pumping or releasing of water into any drain or watercourse under the control of the River Board;

“(l)

To prohibit or regulate the planting of any trees, hedges, or other plants or the erection of any structures on or within a specified distance from the banks of any drain or watercourse under the control of the River Board where they will obstruct or be likely to obstruct the free passage along the banks of the drain of machinery or apparatus used for the purpose of improving, maintaining, or cleaning drains or watercourses; and to require owners and occupiers of land on which any trees, hedges, or other plants are planted or structures are erected in breach of the bylaws to remove the same, and to provide for the removal of such trees, hedges, or other plants or structures by the River Board in case of default, whether such trees, hedges, or other plants are planted or structures erected before or after the commencement of this Act;

“(m)

To regulate the location and capacity of pumps installed in the district;

“(n)

To prescribe such matters in relation to pumping as the River Board considers necessary for the effective drainage of the district;

“(o)

To prohibit or regulate the erection of any structures or fences within a specified distance from the banks of any watercourse under the control of the River Board or in any place where they will obstruct or be likely to obstruct the free flow of floodwaters in any existing flood channel and to regulate the maintenance of any such structures or fences;

“(p)

Generally to prevent trespasses, nuisances, obstructions, and damage to watercourses under the control of the River Board or to plantations or property had or maintained by the River Board, and for making all such provision as the River Board deems necessary or expedient for the protection and proper management of its property and all machinery and works of every kind under its care, control, and management;”.

Schedule Description of kaituna River Disrict

Section 2(2)

All that area in the South Auckland Land District, County of Tauranga, bounded by a line commencing at a point on the line of mean high water of the Bay of Plenty in line with the westernmost boundary of Section 16, Block I, Te Tumu Survey District, and proceeding south-easterly along the aforesaid line of mean high water and along a right line across the old mouth of the Kaituna River to its junction with the old line of mean high water which formed its right bank (now the western boundary of Maketu A Block); thence south-easterly along the aforesaid old line of mean high water being the western boundaries of Maketu A, Section 58A, a road line, and Section 25B 1 Blocks, and the generally south-eastern boundary of the land shown on S.O. Plan 30216 proclaimed road by New Zealand Gazette, 1940, page 1934, to and along the western side of a public road forming the eastern boundaries of Maketu A, Sections 82, 140, and 83B, to the south-eastern corner of the last-mentioned section; thence along a right line across Maketu Road to and along the western side of Paengaroa-Maketu Main Highway No. 585 to and westerly along the northern side of the Tauranga-Whakatane State Highway No. 16 to a point in line with the south-eastern side of a public road forming the north-western boundaries of Lots 1, 2, and 3, D.P. 33346; thence along a right line across the aforesaid highway to and along the said south-eastern roadside and along the south-eastern boundary of Paengaroa North D 1E Block and its production to the middle of the Kaituna River; thence down the middle of that river to a point in line with the north-eastern boundary of part Lot 16, D.P. 1950; thence along a right line to and along that boundary, along a right line across Rangiuru Road to and along the northern boundaries of part Lot 1, D.P. 30087, and Lots 14 and part 15, D.P. 1950, the northern side of a public road, a right line across Te Matai Road, and the northern boundary of another part of Lot 15, D.P. 1950, and its production to and up the middle of Waiari River to a point in line with the northern boundary of Te Puke 2C 1 Block; thence along a right line to and along that northern boundary and northerly along the eastern side of No. 1 Road to the eastern boundary of the Borough of Te Puke; thence along the eastern, northern, and western boundaries of that borough as described in New Zealand Gazette, 1935, pages 1017 and 1047, to a point in line with the southern side of Quarry Road; thence along a right line across the Tauranga-Whakatane State Highway No. 16 to and along the southern side of Quarry Road aforesaid crossing the intervening Atuaroa Stream and along a right line across Manoeka Road to the junction of its western side with the southern side of Upper Papamoa Road in Block I, Maketu Survey District; thence along a right line crossing Te Puke 1D, 1B 2, 1B 3, and 1B 4 Blocks to the southernmost corner of Lot 2, D.P. 14037; thence northerly generally along the south-western boundaries of Lots 2 and 1, D.P. 14037, the end of the intervening public road, the south-eastern boundary of Section 23, Block I, Maketu Survey District, a right line across Upper Papamoa Road and along the south-eastern boundary of Section 32, Block I, Maketu Survey District, to its easternmost corner; thence along the north-eastern boundaries of Sections 32 and 21 of the said Block I for a total distance of 75 chains and north-easterly along a right line parallel to the north-western boundaries of Lot 2, D.P. 24699, and Lots 1 and 2, D.P.S 2514, to the south-western boundary of Section 12, Block III, Te Tumu Survey District; thence along that south-western boundary, the western end and southern and south-eastern sides of a public road forming the generally northern boundary of part Section 14, Block III aforesaid, and along a right line across Tauranga-Whakatane State Highway No. 16 to the westernmost corner of part Papamoa 3B 2 Block; thence along the eastern side of that highway to and along the eastern side of the Papamoa Beach Road, along a right line across a public road to and along that part of the eastern side of a public road which is formed by the most western boundary of Section 16, Block I, Te Tumu Survey District, and along another right line across the last-mentioned road and Section 15, Block I aforesaid, to the point of commencement.

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Kaituna River District Amendment Act 1959