This Act may be cited as the North Shore Drainage Act 1963.

(1) In this Act, unless the context otherwise requires,—

(2) For the purposes of this Act population means the population as certified to the Board in accordance with the provisions of subsection (3) of this section.

(3) Where for the purposes of this Act it is necessary to ascertain or estimate the population of any area, that population shall be ascertained or estimated by the Government Statistician, upon receipt of a written request from the Board, as at the first day of April of the year preceding the current year's assessment made under sections 56 and 57 of this Act, and shall be certified by him in writing to the Board as soon as reasonably practicable after the date of the receipt by him of the request.

(1) There is hereby constituted for the purposes of this Act a district called the North Shore Drainage District which is more particularly described in Schedule 1 to this Act, and which comprises the Cities of Birkenhead and East Coast Bays and the Boroughs of Devonport and Northcote and part of the City of Takapuna and part of the County of Rodney.

(2) Where provision is made or is intended to be made in any scheme of sewerage works adopted by the Board under the provisions of section 27 of this Act for the construction of common treatment works and a common outfall for the immediate or future service of the local districts or portions of the local districts of any one or more of the contributing authorities, the Board shall forthwith upon the adoption of the said scheme, by special order, determine the ultimate boundaries of the areas to be served by such proposed common treatment works and outfall, and the areas so defined taken together shall, for the purposes of this Act, constitute and be known and hereinafter referred to as a drainage area, having a name or number to be determined by the Board.

(3) At any time after the constitution of a drainage area, the Board may, by special order, determine that the whole or portion of that drainage area (comprising two or more local districts or portions thereof) shall be connected to and with a common treatment works and common outfall and the total area so determined shall, as from the date of the execution of a contract binding upon the Board and its contractor for the construction of trunk sewers, pumping stations, rising mains, and such common treatment works and common outfall or any part thereof for the service of that area, be known and hereinafter referred to as a combined area, having a name or number to be determined by the Board.

(4) At any time after a combined area has been constituted in the manner prescribed by subsection (3) of this section, the Board may, by special order, determine that any portion or portions of that combined area which is or are served by a common trunk sewer or pumping station shall be known as a service area, having a name, number, or letter to be determined by the Board. Any such service areas constituted by the Board before the passing of this Act, whether designated by that name or as sub-areas, or by any other name or term, shall be deemed to have been lawfully and validly constituted.

(5) Where at any time after the passing of this Act the Board is of the opinion that it is advisable to make due provision for the future drainage of any portion of the district which for the time being is not within any special or combined area of the district, but that it is not for the time being practicable or expedient to provide that portion of the district with a drainage reticulation system, the Board may by special order declare that portion of the district to be a future development area, having a name or number to be determined by the Board; and the Board shall thereupon be entitled, either in and by the scheme of sewerage works for the whole of the district prepared by the Board in accordance with and pursuant to the provisions of section 27 of this Act, or by any amendment of such scheme or otherwise, at such time as the Board shall think fit, to provide, construct, and install trunk sewers, treatment works, and outfalls of such capacity and dimensions as it may deem necessary to provide not only for the immediate drainage requirements of any special or combined area, but also for the future drainage requirements of that future development area as aforesaid.

(6) The Board may from time to time, by special order, declare any other part of the district, in and for which it is proposed that an entirely separate drainage reticulation system complete in itself and having its own independent treatment or disposal works and outfall should be installed and provided, to be a special area having a name or number to be determined by the Board.

(7) The Board may from time to time by special order declare that any special area shall, as from a date to be specified in the special order in that behalf (being not earlier than the date at which the Board is of the opinion that the connection hereinafter referred to can be made), be incorporated in the combined area or in any one particular combined area of the district, and the Board shall as soon as practicable after the making of the special order cause the special area to be connected by trunk sewer to and with the treatment or disposal works and outfall of such combined area, whereupon the special area shall thenceforth cease to be a special area and shall be included in and become part of such combined area.

(8) The Board may from time to time by special order extend the boundaries of any special area or combined area by including therein any portions of the district which may at any time hereafter be reticulated with and served by sewers connected with the treatment or disposal works of the special or combined area.

(9) The Board may from time to time by special order declare that any future development area shall, as from a date to be specified in the special order in that behalf (being not earlier than the date at which the Board is of the opinion that the connection hereinafter referred to can be made), be incorporated in the combined area or in any one particular combined area of the district, and the Board shall, as soon as practicable after the making of the special order, cause such future development area to be connected by trunk sewer to and with the treatment or disposal works and outfall of such combined area, whereupon the future development area shall thenceforth cease to be a future development area and shall be included in and become part of such combined area.

(1) There shall be for the district a drainage board which shall be a body corporate under the name of the North Shore Drainage Board and shall have perpetual succession and a common seal, with power to purchase, take on lease, hold, deal with, and dispose of by sale, lease, or exchange real and personal property, and to do and suffer all that bodies corporate may lawfully do and suffer.

(2) The Board shall be deemed to be a local authority under the Public Works Act 1928, the Local Elections and Polls Act 1953, the Waters Pollution Act 1953, the Health Act 1956, and the Local Authorities Loans Act 1956, and, subject to the express provisions of this Act, the provisions of the said Acts shall extend and apply to the Board.

(3) For the purposes of the Soil Conservation and Rivers Control Act 1941, the Board shall be deemed to be a Drainage Board, and the district shall be deemed to be a drainage district constituted under the Land Drainage Act 1908.

(1) Subject to sections 5A and 5B of this Act, the Board shall consist of 12 members who shall represent the districts or parts of the districts of contributing authorities as follows:

• (a) two members shall be elected to represent the City of Birkenhead:

• (b) two members shall be elected to represent the City of East Coast Bays:

• (c) one member shall be elected to represent the Borough of Devonport:

• (d) one member shall be elected to represent the Borough of Northcote:

• (e) five members shall be elected to represent so much of the City of Takapuna as lies within the drainage district:

• (f) one member shall be elected to represent so much of the County of Rodney as lies within the drainage district.

(2) In the district of each contributing authority the electors shall, for their local district or part of their local district, as the case may be, on the date fixed by section 4 of the Local Elections and Polls Act 1976 for each triennial general election, elect persons to so represent the districts or parts of the districts of the contributing authorities, being in each case a person who is not disqualified for election by section 112 of the Local Elections and Polls Act 1976.

(3) Subject to section 12(3) of the Local Elections and Polls Act 1976, every person who is a parliamentary elector in respect of any electorate (whether within or outside the drainage district) shall be qualified for election to the Board.

(4) Subject to the provisions of this Act, every such election shall be held in accordance with the Local Elections and Polls Act 1976 and the provisions of that Act shall apply accordingly.

(5) In respect of every such election the following provisions shall apply:

• (a) the election shall be conducted within the local district of the contributing authority by the Returning Officer of the contributing authority:

• (b) the roll of electors prepared under the Local Government Act 1974 for each local district shall be the roll of electors for the election; except that where only part of a local district is within the drainage district the only persons entitled to vote at the election shall be those persons who are on the roll by virtue of an address within that part of the local district, and the principal administrative officer of the contributing authority shall indicate on the roll the names of the persons so entitled to vote.

• (c) in the application to the Board of the Local Elections and Polls Act 1976, every reference in Part 2 of and section 111 of that Act to the local authority shall be read as a reference to the contributing authority:

• (d) if on the day appointed for the election no persons are duly elected, or the number of persons duly elected is less than the number of persons required to be elected, the contributing authority shall appoint such number of qualified persons to be a member or members representing the local district or part thereof, as the case may require, sufficient in number to meet the requirements of subsection (1) of this section, or of any Order in Council made under section 5A of this Act, or of any special order made under section 5B of this Act, as the case may require; and the person or persons so appointed shall hold office in all respects as if such person or persons had been duly elected in accordance with this Act:

• (e) within 7 days after declaring the result of the election in accordance with section 42(5)(b) of the Local Elections and Polls Act 1976, the Returning Officer shall give written notification to the Secretary of the Board of that result.

(6) The cost of every election for a member or members of the Board shall be borne and paid by the contributing authority, except the expenses of scrutineers and other expenses incurred by or on behalf of candidates.

(1) Subject to section 26(5) of the Local Government Act 1974, on the petition of the Board, or of the local authority of any new local district which may be constituted at any time (whether by the union into 1 local district of all or part of 2 or more adjoining local districts, or by the merger of all or part of any local district in any other local district, or in some other manner) and all or part of the area of which is situated within the drainage district, the Governor-General may by Order in Council include the new local district or part of it, as the case may be, within the drainage district.

(2) The Governor-General may, by the same or any subsequent Order in Council,—

• (a) alter the representation of the districts of contributing authorities to provide for the new local district or part; and

• (b) for that purpose, reduce the membership of the Board or increase it to not more than 15; and

• (c) subject to subsection (4) of this section, make such provisions as are necessary in respect of the first or any election of members of the Board, or the vacation of office by members of the Board, made necessary by any such alteration of representation or increase or reduction in membership.

(3) Every Order in Council made under this section shall have effect according to its tenor notwithstanding the provisions of section 5(1) of this Act.

(4) On—

• (a) the union into 1 local district of all or part of 2 or more local districts; or

• (b) the merger of all or part of any local district in any other local district; or

• (c) the abolition of any local district—

the members of the Board who represent any such local district or any such part shall continue in office until the next triennial general election of members of the Board.

(1) The Board shall, in the year preceding the year in which a triennial general election of members of local authorities is to be held, but not later than 12 months before the date of that election, by special order determine the number of members to be elected to represent the local district or part of the local district, as the case may require, of each contributing authority.

(2) In any determination made under subsection (1) of this section the local district or part of the local district of each contributing authority shall be represented by at least 1 member.

(3) Any such special order may also reduce the membership of the Board or increase it to not more than 15.

(4) For the purpose of giving due representation to the districts or parts of the districts of the contributing authorities, the Board shall have regard to the population, rateable value, and area of each such district or part, as the case may be, and to such other additional factors or combinations of factors as the Board considers relevant.

(5) The following provisions shall apply to every special order under this section:

• (a) it shall have effect according to its tenor notwithstanding the provisions of section 5(1) of this Act:

• (b) it shall come into force at the next triennial general election of members of the Board, except so far as may be necessary to provide for that election:

• (c) a copy shall be kept at the office of the Board, and shall be available for inspection without fee by any elector during normal office hours.

(6) The provisions of section 113 of the Local Government Act 1974 shall apply in respect of every special order made or proposed to be made under this section as if references in the said section 113 to a council and a territorial authority were references to the Board.

(1) The office of a member shall become vacant, and the vacancy shall be an extraordinary vacancy, if the member—

• (a) dies; or

• (b) resigns the office by writing under the member's hand delivered to the Secretary or Chairman of the Board, or is ousted from office; or

• (c) is detained in a hospital under the Mental Health (Compulsory Assessment and Treatment) Act 1992; or

• (d) is convicted of any offence punishable by death or imprisonment for a term of 2 years or more; or

• (e) is absent without leave from 4 consecutive meetings of the Board.

(2) In any case to which subsection (1)(d) of this section applies—

• (a) the disqualification shall not take effect until the expiration of the time for appealing against conviction and, in the event of an appeal against conviction, until the appeal is determined; and

• (b) the member concerned shall be deemed to have been granted leave of absence until the expiration of that time, and shall not be capable of acting as a member during the period of that leave of absence.

(3) If any person does any act as a member after the person's office has become vacant under this section (other than under subsection (1)(c) of this section) or while on leave of absence under subsection (2) of this section, the person commits an offence and shall be liable on summary conviction to a fine not exceeding $100.

(4) During any extraordinary vacancy in the membership of the Board the continuing members may act, and no act of the Board shall be invalid because the vacancy is not filled.

(1) Subject to subsections (3) and (4) of this section, any extraordinary vacancy occurring in the Board at any time before the next triennial general election of members of the Board shall be filled by the election, in the district or part of the district of the contributing authority represented by the person whose office has become vacant, of a person qualified to be elected as a member of the Board.

(2) Every such election shall be held in accordance with the provisions of the Local Elections and Polls Act 1976 on the day fixed under that Act.

(3) If an extraordinary vacancy occurs within 12 months before the date of the next triennial general election of members of the Board, the contributing authority whose district or part of whose district was represented by the member whose office has become vacant may by resolution determine that—

• (a) the vacancy be filled in accordance with subsections (1) and (2) of this section; or

• (b) the vacancy shall be filled by the appointment by that contributing authority of a person qualified to be elected as a member of the Board; and any person so appointed shall for all purposes be deemed to have been elected to fill the vacancy.

(4) If an extraordinary vacancy occurs within 6 months before the date of the next triennial general election of members of the Board, the contributing authority whose district or part of whose district was represented by the member whose office has become vacant may by resolution determine that the vacancy shall not be filled.

(5) Every person elected or appointed to fill an extraordinary vacancy shall hold office only for the balance of the term of his predecessor.

(1) Upon proof in the first instance, by affidavit or otherwise, that any member of the Board is or has become incapable under this or any other Act of holding his office, any District Court may grant a summons calling upon the person holding that office to show cause why he should not be adjudged to be ousted of that office.

(2) If on the return of the summons it appears to the Court, on affidavit or oral evidence on oath, that such person is incapable under this or any other Act of holding the said office, the Court may adjudge such person to be ousted of the office, and such person shall be ousted of that office accordingly.

(3) In any such proceeding the District Court may exercise all the powers and authorities which it may exercise in its ordinary jurisdiction in civil cases, and the procedure of that Court shall, so far as applicable, apply generally to proceedings had under this section.

(4) No question which may be tried under this section shall be tried in the High Court; and no proceedings in the District Court hereunder shall be removable into the High Court, by certiorari or otherwise.

(1) The Board shall at the first meeting following the election of a new Board, appoint one of its members to be Chairman of the Board.

(2) At every meeting for the election of Chairman the Secretary shall preside while the Chairman is being elected, or if there shall be no Secretary, then some person appointed by the Board, not being a member of the Board, shall so preside, and in the case of an equality of votes shall determine the election by lot in such manner as the Board determines.

(3) The Chairman shall come into office on his election and shall hold office until the election of his successor.

(4) The Chairman may resign his office by writing under his hand delivered to the Secretary, and in such case or in the case of his ceasing from any cause to be a member of the Board, his office shall become vacant, and the Secretary shall forthwith convene a meeting of the Board for the election of a new Chairman.

(5) The Board may from time to time appoint one of its members to be Deputy Chairman either for a specified period or until the election of a new Chairman.

(1) The Board may from time to time appoint standing or special committees consisting of two or more persons, and may refer to any such committee any matters for consideration, or inquiry, or management, or regulation, and may delegate to any such committee any of the powers and duties by this Act conferred or imposed upon the Board, except the power to borrow money, to make a rate, to make a bylaw, to institute an action, or to make assessments upon contributing authorities; and may delegate to any such committee, in accordance with the provisions of section 4 of the Public Bodies Contracts Act 1959, any power of the Board to enter into a contract.

(2) Any committee appointed under this section may include any person who is not a member of the Board:

Provided that, except in the case of a technical or advisory committee, the majority of the members of any committee appointed under this section shall be members of the Board.

(3) The Board may appoint a member of any committee to be the permanent Chairman thereof, and such power may be exercised by the committee where the Board, on the appointment of the committee, does not appoint a Chairman. Any committee may from time to time appoint a Deputy Chairman to act in the absence of the Chairman.

(4) The Board may at any time, and from time to time, discharge, alter, continue, or reconstitute any committee or discharge any member of a committee, and, if it thinks fit, appoint another member in his stead.

(5) Every committee shall, unless sooner discharged by the Board, be deemed to be discharged on the coming into office of the members elected in accordance with the provisions of section 5 of this Act at the general election of the whole Board next after the appointment of the committee.

(6) Every committee to which any powers or duties are delegated as aforesaid may, without confirmation by the Board, exercise or perform the same in like manner and with the same effect as the Board could itself have exercised or performed the same.

(7) Every such committee shall be subject in all things to the control of the Board, and shall carry out all directions, general or special, of the Board given in relation to such committee or its affairs.

At every meeting of the Board the Chairman if present or, in his absence, the Deputy Chairman (if any) shall be the Chairman. If the Chairman and the Deputy Chairman (if any) are absent from any meeting of the Board, then such member as the members of the Board then present shall choose shall be the Chairman of such Board meeting.

(1) A quorum of the Board shall consist of half the members if the total membership of the Board is even and a majority of the members if the total membership is odd.

(2) The Board may fix the quorum of any committee appointed by it, and in default of its so doing the committee may fix the quorum.

(3) A meeting shall be duly constituted if a quorum is present thereat.

(4) No business shall be transacted at any meeting of the Board or of any committee unless at least a quorum of members is present thereat during the whole of the time at which the business is transacted.

(1) Meetings of the Board and of every committee of the Board shall be held at such times and places as the Board or committee from time to time appoints.

(2) The Secretary shall give written notice to members of the Board of the time and place appointed for holding meetings.

(3) Every question before any meeting of the Board or of any committee of the Board shall be determined, by open voting, by a majority of the votes of the members present and voting on the question.

(4) At any meeting of the Board or of any committee of the Board the person presiding shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

(5) Subject to the provisions of this Act, the Board and every committee of the Board may regulate its own procedure.

All acts and proceedings of the Board, or of any committee of the Board, or of any person acting as a member of the Board, shall, notwithstanding that it may afterwards be discovered that there was some defect in the election or appointment of the Board, committee, or person acting as aforesaid, or that they were or any of them was disqualified or incapable of being members or a member of the Board, be as valid as if every such person had been duly elected or appointed and was qualified to be a member as aforesaid.

(1) Where any maximum annual allowance or remuneration is determined under section 214B or section 214C of the Local Government Act 1974 in respect of the Chairman, chairmen of standing or special committees, or members of the Board, there may, subject to the conditions of that determination and sections 214K and 214L of that Act, be paid to each of those persons such annual allowance or remuneration, not exceeding that maximum allowance or remuneration, as the Board determines.

(2) Where any actual allowance or remuneration is determined under section 214B or section 214C of the Local Government Act 1974 in respect of the Chairman, chairmen of standing or special committees, or members of the Board, there shall, subject to the conditions of that determination and sections 214K and 214L of that Act, be paid to each of those persons the annual allowance or remuneration so determined.

(3) For the purposes of determining the travelling allowances or expenses payable to members of the Board and members of any committee appointed by the Board, the Board is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.

(4) There shall be paid out of the Fund to the members of the Board and any committee of the Board travelling allowances or expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.

The Board may by resolution, subject to the provisions of this Act, make rules—

• (a) regulating the proceedings of the Board and any committee thereof and the conduct of meetings thereof respectively:

• (b) regulating the adjournment and postponement of meetings of the Board, and the manner in which resolutions may be revoked or altered:

• (c) prescribing the form and the mode and time of service of notices of meetings:

• (d) regulating debates:

• (e) providing for the calling of special meetings, and the notice thereof to be given to members:

• (f) providing for the notice to be given to members of extraordinary business to be transacted at any ordinary meeting:

• (g) directing minutes to be kept of all proceedings of the Board, and prescribing the mode of confirmation, and custody of the same:

• (h) providing for the custody of documents and the custody and use of the common seal, and prescribing the mode and form of attestation thereof:

  Provided that no resolution made or passed under this paragraph shall affect any person acting in good faith, and taking or to take any estate, interest, or advantage under any document having or about to have the common seal affixed thereto:

• (i) prescribing the powers and duties of officers and servants:

• (j) prescribing forms of and in connection with any proceedings of the Board:

• (k) concerning anything incidental to any of the matters hereinbefore referred to.

(1) The Board may from time to time provide and maintain public offices, within or without the district, with fitting furniture for the same, for holding its meetings and transacting its business and for the use of its officers and for any other purposes, and may purchase or take on lease land or buildings for such purposes, or may cause buildings to be erected on any land belonging to or leased to the Board, or any such building to be added to, improved, or demolished.

(2) The Board may, in addition to the powers hereby conferred or in lieu thereof, as it may determine, enter into such arrangements as it may deem necessary with any contributing authority for the use, on such terms as may be agreed upon, of portion of the offices of that contributing authority and of furniture and office equipment for the same for the purpose of transacting the business of the Board or holding its meetings.

(1) The Board may by resolution from time to time appoint and employ fit persons to be Manager, Engineer, Chemist, Secretary, Treasurer, and other executive officers; and the Board may also employ all such other officers and employees as it thinks necessary to assist in the execution of this Act, and may pay all such persons such salaries and allowances out of the funds of the Board as it thinks fit.

(2) One person may hold two or more such offices.

(3) [Repealed]

(4) Every person appointed to receive any moneys payable to the Board shall give to the Board sufficient approved security for the faithful execution of his office and the due accounting for all moneys received by him on behalf of the Board:

Provided that, in lieu of or in addition to taking security from any officer, the Board may provide against any losses that may arise in the event of his dishonesty by taking out a guarantee policy and paying the premiums thereon, or by creating a special fund for the purpose, or partly by one method and partly by the other.

(5) In lieu of appointing or itself employing an Engineer or Chemist as aforesaid, the Board may engage or retain at such remuneration as it thinks fit the services of such consulting engineers, industrial chemists, technicians, and other experts as may, in the opinion of the Board, be necessary to assist in the execution of this Act; or the Board may, at its option, enter into an agreement or agreements with any other Drainage Board or local authority or other organisation for the use by the Board from time to time of the services of such engineers, chemists, technicians, and other experts as may be employed by such other authority or organisation on such terms and at such remuneration as may be mutually agreed upon.

During the absence from duty of any officer of the Board by reason of illness, leave of absence, or other cause, the duties and powers of that officer may be performed and exercised by an acting officer appointed by the Board, and any such appointment may be either general or for some occasion only.

(1) The Board may from time to time make bylaws for all or any of the following purposes:

• (a) to regulate the management and use of inlet appliances giving access to the sewers and drains of the board, including grids, and to prevent the putting of anything into such sewers or drains or allowing anything to enter such sewers or drains, save such matters as may be carried in with water entering in the course of the legitimate use of such appliances:

• (b) regulating sanitary plumbing and drainage throughout the whole of the district:

  Provided that no such bylaw shall override or be in conflict with any provision of the Drainage and Plumbing Regulations 1959 in their application to the Board's district except in so far as the bylaw may specify—

  • (i) requirements of the Board additional to or more detailed than the requirements under the said regulations; or

  • (ii) the nature of the Board's requirements regarding matters which under the said regulations are left to the decision or approval of the various engineers of the local authorities affected:

• (c) protecting from damage, injury, or misappropriation any property belonging to the Board or controlled by it and situate within or beyond the district:

• (d) prescribing charges to be paid in respect of connections to the Board's sewers by persons and authorities other than local authorities:

• (e) for the purposes of section 36 of this Act.

(2) The power to make bylaws under this section is additional to and not in substitution for the powers conferred upon the Board under any other provision of this Act or any other Act.

(3) The Board may, by any such bylaw, provide a penalty for every breach thereof to an amount which shall be in the discretion of the Court inflicting the penalty, and shall in no case exceed the sum of $500 for a single offence or the sum of $50 a day for a continuing offence.

(4) Any bylaw made by the Board shall within the drainage district over-ride any bylaws on the same subject matter made by any local authority.

(5) Any local authority may, with the consent of the Board, undertake within its own district the enforcement and administration of any bylaws made by the Board.

(6) The Board may, after any person is convicted of a continuing breach of any bylaw, apply to any Court of competent jurisdiction for an injunction to restrain the further continuance of the breach by the person so convicted:

Provided however that, notwithstanding anything contained in the District Courts Act 1947, every District Court shall have jurisdiction to grant such an injunction for the purposes aforesaid as might be granted in the like case by the High Court in as full and ample a manner.

(7) The continued existence of any work or thing in a state contrary to any bylaw shall be deemed a continuing offence.

(8) A bylaw may authorise the Board, or any officer thereof, to give notice in writing to any person by whom any work shall have been begun or done in contravention of any bylaw of the Board to remove, alter, or pull down such work, to such extent as may be required by the Board or by any such officer as aforesaid to ensure compliance with the bylaw, within such time as may be specified in that behalf by the said notice. Any person who fails to comply with any such notice commits a continuing offence against the bylaw under which such notice is given as aforesaid.

(9) A bylaw may also authorise the Board, or any officer thereof, to pull down, remove, or alter any building, work, material, or thing erected or being in contravention of any bylaw, and to recover from the person committing the breach all expenses incurred by the Board in connection with such pulling down, removal, or alteration.

(10) The exercise of the authority conferred by the last preceding subsection shall not relieve any such person from liability to any penalty incurred by reason of such breach.

(11) All bylaws, rules, and regulations in force in the drainage district or any part thereof at the coming into force of this Act shall, so far as not inconsistent with this Act, be and continue in force within the drainage district, or any part thereof as aforesaid until superseded by bylaws made under this Act, and shall be as valid and effectual as if made under this Act, and may be proved and enforced in the manner hereinafter provided.

(1) Bylaws of the Board shall be made only in the manner and subject to the conditions following:

• (a) they shall be made only by special order:

  Provided that in publicly notifying the resolution making the order it shall not be necessary to set forth the whole of the proposed bylaw if the object or purport of it is stated, and if a copy of the proposed bylaw is deposited at the office of the Board or at some other place in the district which shall be specified in the notification, and is open to inspection by the public during office hours for at least seven days immediately preceding the meeting at which the resolution is to be confirmed:

• (b) a copy of any proposed bylaw shall be sent by the Board to each of the contributing authorities at least twenty-one days before the date of the special meeting of the Board at which the resolution making the proposed bylaw is to be submitted for confirmation:

• (c) they may be amended before confirmation of the special order making the bylaws:

• (d) they shall have the common seal of the Board affixed thereto:

• (e) they shall be sent to the Minister of Health within seven days after the making of the special order:

• (f) subject to the next succeeding paragraph, they shall come into force on a day to be named therein or in the special order making them, being a day not earlier than three months after the making of the special order in the case of bylaws made under paragraph (a) of subsection (1) of the last preceding section, and not earlier than one month after the making of the special order in the case of bylaws made under paragraph (b), paragraph (c), paragraph (d), or paragraph (e) of the said subsection (1):

• (g) they may, within three months after the making of the special order, by notice in the Gazette, be in whole or in part disallowed or amended by the Minister of Health.

(2) The production of any document purporting to be a copy of any bylaw made by the Board in whole or in part under the authority of this Act, and to be sealed with the common seal of the Board, shall, until the contrary is shown, be sufficient evidence of such bylaw having been duly made, and that the same duly came into force on the day mentioned in that behalf in such copy of the bylaw.

(3) The Board shall cause copies of all bylaws to be kept at the office of the Board, and to be supplied to any person applying for the same at such price as may be fixed by the Board from time to time.

(4) Nothing in this Act or in any bylaw made thereunder shall be deemed to relieve any person from any penalty, action, or other liability to which he would otherwise be liable or subject in respect of anything done by him in breach of any such bylaw.

Every special order made hereunder may be made and proved in the same way, with the necessary modifications, as a special order of a Borough Council is required to be made, and may be proved under the Municipal Corporations Act 1954:

Provided, however, that no confirmation shall be required of any resolution passed by the Board making a special order to raise a loan which has already been sanctioned.

The Board may from time to time enter into such contracts with any such persons as it thinks fit for the execution of any works directed or authorised by this Act to be done by the Board or for furnishing materials or for any other thing necessary for the purposes of this Act.

(1) The Board is hereby empowered and shall at all times since the first day of December, nineteen hundred and fifty-one, being the date of the passing of the North Shore Drainage Act 1951 be deemed to have been empowered, to prepare, adopt, construct, and put into operation a scheme or schemes of sewerage works for the whole or any part of the district and also to make and carry out such detailed investigations, whether technical or otherwise, as in the opinion of the Board may be or were necessary for enabling such scheme or schemes of sewerage works to be prepared, adopted, constructed, and put into operation as aforesaid.

(1A) The Board shall have the power to carry out the investigation or testing of any reticulation works if the investigation or testing is in any way connected with or is affecting the operations of the Board.

(2) Any such scheme of sewerage works shall make provision for, inter alia, and shall indicate in particular—

• (a) the main trunk sewer systems proposed for the district;

• (b) the boundaries of the watershed areas which it is intended should be drained into and served by each trunk sewer;

• (c) the levels and positions of all intakes into such trunk sewers;

• (d) the proposed grades and capacities of all such trunk sewers;

• (e) the position of the outfall, or, if more than one, the positions of the outfalls, intended to be used for the disposal of all effluents; and

• (f) the location and general design of all proposed treatment works, utilisation plants, and other sewerage works.

  Provided that nothing in paragraph (e) of this subsection shall be deemed in any way to affect or derogate from the rights and powers conferred upon the Auckland Harbour Board by section 63 of this Act.

(3) The Board is also hereby empowered, and shall at all times since the first day of December, nineteen hundred and fifty-one, aforesaid be deemed to have been empowered, to make, enter upon, and conduct all such further investigations, research and experiments as the Board thinks fit or has thought fit for the purpose of determining, after taking into consideration the technical and economic possibilities thereof, the extent (if any) to which it may be or was practicable to utilise, in the manufacture and production of organic fertilisers, sewage sludge produced from the treatment of sewage in the manner which it is recommended should be adopted for the district as hereinafter provided combined with such other organic wastes as may or might have from time to time become available to the Board for that purpose.

(4) The Board is also hereby empowered, and shall at all times since the first day of December, nineteen hundred and fifty-one, aforesaid be deemed to have been empowered, to engage or retain at such remuneration as it shall think or has thought fit the services of such consulting engineers, industrial chemists, technicians, and other experts as, in the opinion of the Board, may be or were necessary in order to enable the investigations and the scheme of sewerage works referred to in this section to be respectively made, carried out, and prepared, adopted, constructed, and put into operation as aforesaid.

(5) Nothing in this section shall be deemed to prevent or preclude or shall be deemed at any time since the first day of December, nineteen hundred and fifty-one, aforesaid to have prevented or precluded the Board from taking, with the approval of the Minister of Health,, the Minister of Works and Development, and the Auckland Harbour Board, such immediate action as the Board thinks or may have thought fit for the purpose of improving the standard of the effluent or effluents discharged from existing outfalls within the district.

(6) The Board shall cause to be and is hereby empowered, and shall at all times since the first day of December, nineteen hundred and fifty-one, aforesaid be deemed to have been empowered, to put into operation all such proper, efficient, and approved methods of treatment of sewage within the district as are sufficient and effective to ensure that the waters of the Auckland Harbour and the Hauraki Gulf are not polluted by effluents discharged from any of the outfalls owned and operated by the Board to an extent amounting to an infringement of the standards and conditions for the time being fixed under section 42 of this Act.

(7) In addition to but without in any way derogating from all or any of the powers aforesaid, the Board shall have and shall at all times since the first day of December, nineteen hundred and fifty-one, aforesaid be deemed to have had the sole right within the district—

• (a) to plan for the installation of and to construct all trunk sewers which in the opinion of the Board are or have been necessary from time to time in order to provide for the complete or partial main trunk sewer systems of the district, as the case may be;

• (b) to prescribe and define those portions of the district which are from time to time to be included within the main drainage reticulation system for the district; and

• (c) to determine the appropriate levels for and the points at which the sewers serving those portions of the district referred to in the last preceding paragraph shall be connected to the Board's trunk sewers.

(8) The Board shall have and shall at all times since the first day of December, nineteen hundred and fifty-one, aforesaid be deemed to have had the sole right within the drainage district to construct, control, and manage—

• (a) all trunk sewers and pumping stations which are discharging or which are intended to discharge directly into a trunk sewer; and

• (b) all storage tanks, outfalls, and sewage treatment and sewage utilisation plants.

(9) The Board may also at any time and from time to time by notice in writing require any local authority to maintain and manage and to effect such alterations as the Board may consider advisable to any existing sewers, pumping stations, storage tanks, storage culverts, sewage treatment plants, and outfalls while they continue to be in use and operation:

Provided that nothing in this subsection shall be deemed in any way to affect or derogate from the rights and powers conferred upon the Auckland Harbour Board by section 63 of this Act.

(9A) Subject to subsection (9B) of this section, in the event of any such local authority failing to fulfil any requirement made under subsection (9) of this section within a period of 2 months after the date on which written notice to that effect was given to it by the Board, the Board may itself fulfil the requirement and recover the cost of doing so from the local authority.

(9B) Any local authority on which a notice has been served under subsection 9 of this section shall have the right to refer the matter to arbitration in accordance with section 79 of this Act.

(10) Nothing in this Act shall operate to prevent the establishment or maintenance of works for the treatment or disposal of trade wastes, refuse, or other substances which the Board's drainage system is not designed to receive or deal with or which the Board will not permit to be discharged into that system:

Provided that any such works shall be established and at all times maintained only upon and subject to such terms and conditions as shall from time to time be determined and prescribed by the Board:

Provided also that nothing in this section shall be deemed in any way to affect or derogate from the rights and powers conferred upon the Auckland Harbour Board by section 63 of this Act.

(11) Any storage tank, storage culvert, storage tunnel, outfall, sewage treatment plant, or sewer which has already been constructed within the drainage district by some local authority, and which is serving two or more local districts, may be taken over by and vested in the Board upon such terms and conditions as may be agreed upon between the Board and the local authority concerned, or, if they are unable to agree, then upon such terms and conditions as shall be settled by arbitration under the provisions of the Arbitration Act 1908.

(1) Notwithstanding anything to the contrary contained in subsection (8) of section 27 of this Act but subject in all other respects to the provisions of this Act, the Board may by resolution permit any local authority or person or body of persons to construct, maintain, and manage any temporary sewage treatment plant within the North Shore Drainage District subject to such conditions as the Board may impose including, if so required by the Board, the completion by that local authority of an agreement with the Board embodying those conditions.

(2) Every such plant shall be constructed in accordance with plans and specifications prepared or approved by the Board and the Medical Officer of Health at the expense in all respects of the local authority concerned and shall be maintained and managed to the satisfaction of the Board and the Medical Officer of Health.

(3) Any such permission given by the Board and any such agreement entered into between the Board and any local authority at any time before the coming into force of this Act shall, where the approval of the Director-General of Health or the Medical Officer of Health has been given to the plans of the temporary sewage treatment plant, be deemed to be valid and binding.

The Board may from time to time construct, maintain, and operate within or outside the district all such main sewerage works, trunk sewers, pumping stations, storage tanks, outfalls, treatment works, utilisation works, and other works and things as may in the opinion of the Board be advisable for the proper and efficient drainage of the district:

Provided that no such works shall be constructed within the district or sphere of influence of any other Drainage Board except with the consent of that other Board, which consent shall not be unreasonably or arbitrarily withheld:

Provided also that nothing in this section shall be deemed in any way to affect or derogate from the rights and powers conferred upon the Auckland Harbour Board by section 63 of this Act.

(1) The Board is hereby empowered to construct and shall be deemed to have been required and empowered, as soon as practicable after and at all times since the first day of December, nineteen hundred and fifty-one, being the date of the passing of the North Shore Drainage Act 1951, to construct—

• (a) one or more common or unified treatment works for the purpose of treating sewage from the district (being either domestic sewage or domestic sewage and trade wastes as the Board may at the time of construction of the said works determine), and such works shall be so designed, constructed, and operated as to ensure that at all times the effluent conforms to the standards and conditions for the time being fixed under section 42 of this Act;

• (b) trunk sewers and pumping stations for the purpose of conveying sewage from any part of the district provided with a drainage reticulation system to such common treatment works; and

• (c) an outfall sewer or outfall sewers for the purpose of discharging into the sea the effluent from such treatment works at such place or places as may be required and approved pursuant to the Harbours Act 1950:

  Provided that, subject to compliance with the provisions of the Harbours Act 1950, the construction of any outfall sewer to tidal waters and of any submarine sewer shall be subject to the approval of the Auckland Harbour Board and the Minister of Health as to location, depth, and other details of construction, and such approval shall be obtained before the construction of the said works is commenced.

(2) No sewage (including within that term either domestic sewage alone or trade wastes alone or domestic sewage and trade wastes) shall be discharged from any portion of the district into the waters of the Auckland Harbour or of the Rangitoto Channel or of the Hauraki Gulf except through outfalls owned and operated by the Board or by any person operating pursuant to subsection (10) of section 27 of this Act:

Provided that, subject to the provisions of any enactment relating to pollution or nuisance, and in particular to the provisions of section 41 of this Act, such sewage from the district may be discharged from any existing outfall until such time as the Board has completed the works necessary to convey such sewage to any common or unified treatment works:

Provided also that this subsection shall not apply to existing storm-water overflows forming part of the sewerage system of any local authority.

(3) No rent, charge, or other fee shall be payable by the Board to, nor shall any rate be levied by any person or corporation in respect of any lands in the Auckland Harbour on, over, or under which any of the said sewers or works are constructed or laid and which therefore are or may from time to time be occupied by such sewers or works.

(4) The Board may, subject to compliance with sections 175 and 178 of the Harbours Act 1950, and, if the land is within harbour limits, with the precedent consent of the Auckland Harbour Board, reclaim any land that is necessary for the drainage operations of the North Shore Drainage Board as if that Board were a local authority under the Harbours Act 1950. Any land so reclaimed may, without the authority of a special Act, be transferred to the North Shore Drainage Board, or to any local authority the district of which adjoins any such reclaimed land, or may, as the case may require, be vested in the North Shore Drainage Board or in any such local authority as aforesaid under the said section 175.

(1) The Board may from time to time, in addition to its powers under the Public Works Act 1928, by itself, its surveyors, engineers, agents, officers, and workmen, exercise the following powers or any of them, and may execute, do, or cause to be executed or done any of the following acts, matters, or things:

• (a) break up the soil of any roads, streets, ways, or footpaths, and excavate and sink trenches and make and construct tunnels and subways for the purpose of laying down, making, constructing, altering, cleansing, maintaining, or repairing trunk sewers or other works:

  Provided that before interfering with any such road, street, way, or footpath the Board, except in cases of emergency, of which the Board shall be the sole judge, shall give one week's notice in writing to the local authority having control thereof, and shall in any case with all convenient speed reinstate and make good any road, street, way, or footpath that may be broken up or, at the option of the local authority, pay to it the cost of such reinstatement and making good:

• (b) without any previous payment, tender, or deposit—

  • (i) enter upon and use any land, other than land occupied as a garden or ornamental shrubbery, for the purpose of taking any earth, stone, clay, or scoria therefrom:

    Provided that in the case of lands held for any public purpose within the meaning of subsection (2) of section 2 of the Reserves and Domains Act 1953, this power shall not be exercised without the consent of the controlling authority or administering body, but such consent shall not be unreasonably or arbitrarily withheld, and in the case of other land this power shall not be exercised until twenty-four hours' notice of intention so to do has been given to the occupiers;

  • (ii) enter upon and use any land adjacent to or reasonably required for obtaining access to the site of any trunk sewer or other works authorised by this Act or by any legislation repealed thereby to be constructed, or while any such trunk sewer or other works are in course of construction or when the same are or have before the passing of this Act been actually constructed, for the purpose of making temporary roads or approaches to any works or temporarily storing any material therefor and for the purpose of inspecting, altering, renewing, repairing, maintaining, or cleaning any such works; and

  • (iii) enter upon any lands or premises within or upon which it is proposed that any works shall be executed under this Act, or any lands and premises adjacent thereto, and make an inspection, survey, and examination thereof, and for that purpose (subject to the provisions of the Underground Water Act 1953) to bore therein:

• (c) make or construct the said trunk sewers, or any part thereof, or any other works, upon or under any lands or buildings, subject to the provisions of section 63 of this Act and also to the following conditions:

  • (i) a plan and description of the trunk sewers or other works, showing how they affect any such land or buildings, shall be deposited for public inspection at the office of the Board, and copies of the plan and description shall also be supplied to the local authority within whose local district the said trunk sewers or other works are to be constructed;

  • (ii) the Board shall give notice in writing to the occupier, and also to the owner so far as he can be ascertained of such land or buildings of the intention to construct the trunk sewers or other works, and shall refer in such notice to the plan and description, and state where they are on view. In the case of unoccupied land or buildings of which the owner is not known, the notice may be served by being affixed in a conspicuous place thereon or thereto;

  • (iii) if within one month after such notice is given the said owner or occupier serves on the Board a written objection to the proposed work, the Board shall appoint a day for hearing the objection, and shall give notice of the day so appointed to the objector; and

  • (iv) the Board shall hold a meeting on the day so appointed, and may, after hearing any person making such objection, if present, determine to abandon the work proposed, or to proceed therewith with or without such alterations as the Board thinks fit:

• (d) erect and use any buildings, structures, machinery, manholes and other entrances, light and lamp holes, ventilating grids, and other works and things of every description in connection with drainage and sanitation in, upon, or under any public or private street or public place within or without the district:

• (e) carry any ventilating shaft, pipe, or tube up or upon any external wall of any building, whether private or public, and affix the same thereto:

  Provided that the mouth of every such shaft, pipe, or tube shall be at least six feet higher than any windows situated within a distance of thirty feet therefrom, and, where attached to a house, shall be higher than the eaves or parapet thereof:

• (f) during the construction of its works, use any private drain or watercourse within or without the district to carry water from such works:

• (g) treat and deal with, in such manner as to it shall seem best, all sewage, refuse, and other matter, whether for the purpose of deodorising, disinfecting, or destroying the sewage, refuse, or other matter, or of converting the same into an organic fertiliser or other marketable product and selling or otherwise disposing of the same, and subject to the provisions of section 32 of this Act shall not be liable, except in compensation under section 34 of this Act, for any nuisance or injury necessarily created or caused in so doing; and in particular, and without restricting the general powers herein given, it shall have power to treat sewage, refuse, and other matter by any treatment process, septic tanks, or electricity, and, unless prohibited by the Governor-General by Order in Council from so doing, may ship sewage sludge and discharge it into the sea:

  Provided that the Board shall not, without the precedent consent in writing of the Auckland Harbour Board, discharge any sewage, refuse, sludge, or other matter, other than the effluent from any treatment works under the control of the Board, in any place within the limits of the Auckland Harbour or in any place where the same might be carried by wind or tide within the limits of the said harbour, or in any case within three miles from any foreshore or in such a manner that it will be likely to be carried on to any foreshore, or in any tidal waters outside the limits of the Auckland Harbour except with the prior consent of the Minister of Works and Development and in compliance with such conditions as he may impose:

  Provided also that nothing in this paragraph shall operate to relieve the Board from liability under any rule of law for any nuisance within the meaning of section 29 of the Health Act 1956:

• (h) acquire and operate ships, boats, barges, cranes, lorries, and other equipment for the purpose of removing, handling, or disposing of sewage, sludge, refuse, or similar matter:

• (i) after giving any notice under the provisions of paragraph (c) of this subsection, and when all objections thereto have been disposed of, the Board may cause a certificate signed by the Secretary describing such trunk sewers or other works and the lands affected thereby, and stating a place or places at which a plan indicating the line or location thereof may be inspected, to be prepared and deposited in the office of the District Land Registrar or the Registrar of Deeds, as the case may be, at Auckland; and, where the land referred to in such certificate is subject to the Land Transfer Act 1952, the District Land Registrar shall register against the title to such land a memorial of such certificate, and in every other case the Registrar of Deeds shall cause an entry thereof to be made under the proper head or title in the index book of the Deeds Register Office:

  Provided that, if at any time after the issue of a certificate under the provisions of this paragraph, it is found that the line of any trunk sewer will not pass through such land or any part thereof, or that an error in form or substance exists in or in relation to any such certificate, the Board may, by depositing at the office of the District Land Registrar or the Registrar of Deeds, as the case may require, at Auckland, a subsequent certificate, signed by the Secretary, wholly revoke the former certificate or amend the same to such extent as the Board may think necessary. A memorial of such subsequent certificate shall thereupon be registered against the title to any land referred to therein which is subject to the Land Transfer Act, and in every other case an entry thereof shall be made in the index book of the Deeds Register Office in the manner hereinbefore provided; and the former certificate shall thereupon be deemed to have been void and of no effect as from the date thereof as if it had not been made or given or registered either wholly, in the case of a revocation thereof, or to the extent to which it has been amended by the subsequent certificate, in the case of an amendment of the former certificate:

  Provided also that the District Land Registrar shall not be under any obligation to register any such memorial against the duplicate original copy of any certificate of title affected thereby nor to call in any such duplicate original copy for that purpose:

• (j) notwithstanding anything in paragraph (i) of this subsection (but without derogating in any respect from the powers thereby conferred upon the Board) as soon as practicable after any trunk sewer or other work has actually been constructed, the Board, if it has not already caused a certificate to be deposited in accordance with paragraph (i) of this subsection, may cause a certificate signed by the Secretary to be prepared and deposited in the office of the District Land Registrar or the Registrar of Deeds, as the case may be, at Auckland. Every such certificate shall set forth the following information:

  • (i) a brief description of that trunk sewer or other work and the legal description of the lands affected thereby; and

  • (ii) a statement that a plan or plans defining the location of that trunk sewer or other work in relation to those lands may be inspected at the office of the Board and also at the office or offices of the local authority or local authorities named in the certificate:

• (k) where the lands referred to in paragraph (j) of this subsection are subject to the Land Transfer Act 1952, the District Land Registrar shall register against the title to those lands a memorial of the certificate referred to in the said paragraph (j), and in every other case the Registrar of Deeds shall cause an entry thereof to be made under the proper head or title in the index book of the Deeds Register Office:

  Provided that the District Land Registrar shall not be under any obligation to register any such memorial against the duplicate original copy of any certificate of title affected thereby nor to call in any such duplicate original copy for that purpose:

• (l) no stamp duty shall be charged or payable on or in respect of any such certificate nor shall any fee be payable in respect of the registration of any such memorial as aforesaid.

(1A) Where, on the subdivision of any land, the local authority with whom copies of the plans of the relative trunk sewers have been lodged is required to approve the subdivisions under Part 25 of the Municipal Corporations Act 1954, or Part 2 of the Counties Amendment Act 1961, as the case may be, the local authority, before granting such approval, shall require the course of the trunk sewer to be defined on the plan of subdivision in terms of the copies of the trunk sewer plans and identified with the registered certificate.

(1B) On the deposit under the Land Transfer Act 1952 of any plan of subdivision to which subsection (1A) of this section applies, the District Land Registrar shall make no entry of the registered certificate upon any certificate of title he may issue for any allotment on the plan unless the plan shows the course of the trunk sewer passing through that allotment.

(1C) Where the District Land Registrar has registered a certificate against any land under either paragraph (i) or paragraph (j) of subsection (1) of this section, the Board may, in any case to which subsection (1B) of this section does not apply, lodge with the District Land Registrar a request to cancel any entry made in respect of the certificate in relation to that land or to any sufficiently well defined part thereof; and on receipt of any such request the District Land Registrar shall attach it to the certificate and cancel the entry accordingly.

(2) The Board shall have power to acquire by licence or otherwise permission or the right to use any land for the purposes for which land may be acquired, and any land owned or otherwise acquired by it may be sold, let, or leased by the Board by public auction, or public tender, or private contract, as it deems proper, at such price, for such term or terms, at such rent or rents, and upon and subject to such terms and conditions in every respect, as the Board thinks fit.

(3) The Board may purchase and hold any land within or without the district which, in the Board's opinion, may be required for the purposes of this Act, and the Board also may take, in the manner and subject to the provisions of the Public Works Act 1928, and hold any lands within the district which, in its opinion, are required for the purposes aforesaid.

(1) The Board may use any sludge gas derived from the treatment of sewage, sewage sludge, or trade wastes for any purpose and in any manner connected with its operations or the works under its control.

(2) The Board may sell and dispose of any such gas—

• (a) to the Auckland Gas Company Limited; or

• (b) to the occupiers of trade premises discharging trade wastes from which a substantial portion of the gas is derived; or

• (c) to the occupiers of any other trade premises—

and the Board shall accord such parties, in the foregoing order of priority, the opportunity of purchasing such gas as it may desire to sell. The Auckland Gas Company Limited, as a retailer of gas, shall be allowed a rebate in accordance with normal commercial practice.

(3) The Board may generate electricity and may use such electricity within the limits of the premises in which the same is generated for any purposes and in any manner connected with its operations or the works or property under its control.

(4) The Board may sell any such electricity to the the responsible department of State or to the Waitemata Electric Power Board.

(5) Any electric lines, plant, or works necessary for the transmission of any electricity within the limits of the premises in which the electricity is generated may be constructed and maintained by the Board.

(6) Subject to the provisions of this section, the Board may construct all such works and do all such acts and things as it may deem necessary or expedient to enable it to obtain the full benefit to be derived from the production of gas or the use, sale, or other disposition thereof or to enable it to obtain the full benefit to be derived from the generation and use of electricity within the limits of the Board's premises (but not elsewhere) or the sale of any such electricity.

(7) In the exercise of the powers conferred by this section in relation to the generation, use, and transmission of electricity, the Board shall comply with the provisions of the Electricity Act 1992 and any regulations made under that Act.

(8) The powers conferred by this section shall not be limited by the provisions of the Auckland Gas Company's Act 1871 and such powers shall subsist notwithstanding the provisions of the Energy Companies Act 1992.

(9) In this section the word premises in relation to premises of the Board, means any continuous area of land owned or controlled by the Board as one composite block and, for the purposes of this section, an area of land shall be deemed to be continuous notwithstanding that the same is severed by roads or streets running through the same and leaving part on one side of the road or street and the balance on the other side.

(1) Where any nuisance within the meaning of section 29 of the Health Act 1956 is created by the Board in the exercise of any powers conferred on it by this Act, the local authority of the local district in which the nuisance exists or of any local district any part of which is affected by the nuisance may, with the concurrence of the Director-General of Health, by notice in writing to the Board, require the Board to abate the nuisance and specify the works to be done by the Board in order to abate the nuisance and the time within which they shall be done.

(2) If the Board considers the requirements specified in any such notice to be unreasonable or impracticable or unnecessary, it may, within three days after service of the notice on the Board, apply to the District Court at Auckland for an order setting aside or modifying the notice. Pending the hearing of the application, the notice shall be deemed to be suspended.

(3) On the hearing of the application, the Court, whose decision shall be final, shall determine whether the notice should or should not be set aside or modified, and, if the notice is not set aside, the time within which the Board must comply with the notice or, as the case may be, with the notice as so modified.

(4) If the Board within the time specified in any such notice, or, in the case of an application to the Court, within the time specified in the order of the Court, fails to comply with the notice or order, the local authority may, without further notice to the Board, cause the nuisance to be abated, and for that purpose may enter on any land or premises of the Board by its servants or agents and execute or cause to be executed thereon such works as may be necessary.

(5) All expenses reasonably incurred by the local authority in the abatement of a nuisance under subsection (4) of this section shall be recoverable by the local authority from the Board.

(6) Nothing in this section shall derogate from the provisions of the second proviso to paragraph (g) of subsection (1) of section 31 of this Act or of section 34 of this Act.

Notwithstanding the provisions of sections 30 and 31 of this Act or any other specific provisions of this Act limiting in any particular case the generality of this section, the Board is hereby empowered and shall, at all times since the first day of December, nineteen hundred and fifty-one, being the date of the passing of the North Shore Drainage Act 1951 be deemed to have been empowered, for the purpose of constructing any works authorised by this Act or any statutory provision repealed by this Act, or for any purpose incidental to the performance or carrying out of the objects or purposes of this Act or of any statutory provision repealed by this Act, to purchase or otherwise acquire, rent or hire, sell, exchange, lease, let, or otherwise deal with or dispose of property, real or personal, of any description, or any estate or interest therein or any rights thereover and whether by public auction, public tender, or private contract, and subject to such terms and conditions in all respects as the Board thinks fit and proper:

Provided, however, that any land which is not required for the purpose for which it was acquired by the Board shall be sold only pursuant to and by the authority of a special order of the Board.

Every person having any estate or interest in any lands taken under the authority of this Act for any works, or injuriously affected thereby, or suffering any damage from the exercise of any of the powers hereby given, shall be entitled to full compensation for the same from the Board. Such compensation may be claimed and shall be determined and recovered in the manner provided by the Public Works Act 1928.

(1) If any person proposes to erect any buildings or to carry out any works over, under, or within such distance of any sewer or other structure owned by or under the control of the Board that such sewer or structure may be injuriously affected, such person shall notify the Board in writing of his intentions and shall carry out or shall permit the Board to carry out (at the expense in either case of such person) such works for the protection of the Board's sewer or other structure as the Board may deem necessary for the purpose; and, in the event of any damage being caused to any sewer or structure of the Board as a result of or consequent upon any failure by any such person to inform the Board of his proposals or to carry out all necessary protective works, the cost of repair or reinstatement of the Board's works so damaged and all other costs and expenses whatsoever incurred by the Board in connection therewith shall be a debt due by such person to the Board recoverable on demand. The remedies hereby conferred are without prejudice to and shall not by implication derogate from nor limit the powers, rights, or other remedies of the Board.

(2) The Board may at any time by notice in writing to such person order work on any such erection or works to cease whenever either such notice has not been given or when such work is being performed in such a way that any sewer or other structure under the control of the Board may be damaged or otherwise injuriously affected until the requirements of this section as to the giving of notice or the carrying out of protective works have been complied with.

(3) Before granting a building permit to any person who proposes to erect any building or to carry out any works over, under, or within fifty feet (or thirty-three feet if no blasting is to be done and there are no special circumstances or unusual conditions, of which the Engineer to the Board shall be the sole judge) of the line of any sewer forming part of the Board's main sewerage works or within similar distances of any other structure owned by or under the control of the Board, the local authority to which application for such a building permit is made shall require the applicant to produce for its inspection the consent in writing of the Board to the erection of the said building or to the carrying out of the said work; and any building permit granted by that local authority shall be subject to compliance by the applicant with all such conditions for safeguarding and protecting such sewer or other structure as the Board may prescribe, and also to payment by the applicant of all such costs and expenses as may have been incurred by the Board in connection with or incidental to the matters aforesaid.

(4) Every person who does anything contrary to the provisions of, or who omits or fails to comply with any of the requirements of, this section or with any conditions prescribed by the Board under and pursuant to the provisions of subsection (3) of this section, shall be guilty of an offence under section 69 of this Act; and, notwithstanding the fact that any such condition may be embodied in a permit issued by a local authority in the district, that local authority shall not be under any obligation to see that any such condition is complied with, and all proceedings to enforce compliance therewith may be instituted and taken by the Board.

(5) The Board shall, upon the request of any local authority in the drainage district affected by any such sewers or other structures as are referred to in subsection (3) of this section, supply that local authority with a plan or plans showing the locations of such sewers or other structures.

(6) The term sewer where used in this section shall be deemed to include any sewer which the Board has already constructed or proposes to construct as part of its main sewerage system for the drainage district, and the location of which is shown upon any map or plan forming part of or relating to any operative or proposed district scheme under the Town and Country Planning Act 1953, or which is described in any certificate which is prepared, deposited, and registered in the manner prescribed by paragraph (i), paragraph (j), or paragraph (k) of subsection (1) of section 31 of this Act.

(1) For the purpose of carrying off any sewage from any part of its local district within the combined area or combined areas of the drainage district, every contributing authority may from time to time connect sewers and drains at such point and in such manner as the Engineer to the Board may specify so as to discharge, either directly or indirectly, into such trunk sewers or treatment plants as the Board may have constructed or taken over for the service of the district concerned.

(2) Twenty eight days' notice in writing shall be given to the Board of the intention of the contributing authority to exercise the powers conferred by this section; and there shall be attached to the notice complete plans and specifications of the sewers or drains referred to in the notice.

(3) No such connection shall be made unless the Engineer to the Board or any other authorised officer of the Board is satisfied that the sewers or drains referred to in any such notice are fit and proper to be so connected and to form part of the drainage system of the Board.

(4) The Board may make bylaws regulating the procedure under and for giving effect to the purposes of this section.

(5) Subject to any bylaw in force under subsection (4) of this section, every decision of the Engineer to the Board or other authorised officer under this section shall be subject to review by the Board.

In making any such connection the contributing authority shall cause it to be done in a skilful, efficient, and workmanlike manner, and so that the efficiency and construction of the trunk sewers shall be in no way impaired, and to the approval of the Engineer to the Board.

(1) Any plan or scheme proposed or devised by any local authority at any time after the first day of December, nineteen hundred and fifty-one, being the date of the coming into force of the North Shore Drainage Act 1951 for the drainage reticulation of the whole or any portion of the local district of that local authority within the drainage district shall, before the plan or scheme or any work in connection therewith is proceeded with or put into operation, be first submitted to and approved by the Board, and the Board may, and shall, if required by such local authority so to do, but at the cost of the local authority requiring the same, furnish all such engineering, technical, and other services and assistance as may be requisite and necessary in order to provide for and carry out the proper and efficient installation of such drainage reticulation works or system.

(2) The Board may, at the request and cost of any local authority and if the Board thinks fit and proper so to do, undertake and carry out repairs, maintenance, alterations, or improvements to any existing drainage reticulation works in the whole or any portion of the local district of such local authority within the drainage district.

(3) The Board may undertake and carry out, maintain, and operate drainage works, whether in relation to storm water or sewage, for the benefit of any local districts or areas within or adjacent to the drainage district, and may enter into and enforce agreements with local authorities and other persons for the payment of the whole or any portion of the cost of construction, maintenance, or operation of any such works:

Provided that the Board shall not carry out in the local district of any local authority any works in respect of storm water except by agreement with that local authority and also with any other local authority the local district of which may be affected by any such works.

(1) No new trunk sewers, pumping stations, storage tanks, outfalls, treatment works, or utilisation works shall be constructed or installed within the drainage district except by the Board, and no alteration, change, or extension shall be made in any existing drainage system within the drainage district except with the precedent consent and approval of the Board in writing first had and obtained. If any question arises as to whether the Board has unreasonably withheld its approval, the matter shall be referred to the Minister of Health, whose decision shall be final.

(2) If any person or local authority commences construction of any works to which section 38 or section 39 of this Act applies without having first obtained the approval of the Board in writing pursuant thereto, the Board may, by notice in writing, call upon such person or local authority to cease such work until the approval has been given, and failure to comply forthwith with such notice shall be an offence punishable in accordance with section 69 of this Act.

(1) The Board may utilise any watercourse for the discharge of storm water overflows or emergency overflows from its trunk sewers, but so that the discharge from any such watercourse to any waters within harbour limits shall not be or grow to become a nuisance and so that such watercourse shall not be or grow to become a nuisance within the meaning of section 29 of the Health Act 1956 anywhere along its course from the point of utilisation onwards.

(2) In the event of the discharge of storm water overflows or emergency overflows from its trunk sewers to any watercourse being or being likely to become a nuisance upon the discharge of the watercourse to any waters within harbour limits as aforesaid, the Board shall, if the Auckland Harbour Board so requires, effect such improvements or carry out such other works in connection with the watercourse or take such other steps as may be necessary to abate any such nuisance or prevent any such nuisance arising or recurring.

(3) In the event of the discharge of storm water overflows or emergency overflows from its trunk sewers to any watercourse being or being likely to become a nuisance within the meaning of the Health Act 1956, the Board may, and shall if the Minister of Health so requires, effect such improvements or carry out such other works in connection with such watercourse or take such other steps as may be necessary to abate the nuisance or prevent any such nuisance arising or recurring.

(4) In any case to which subsection (2) or subsection (3) of this section applies, the cost of any improvements effected or other works carried out for all or any of the purposes referred to in these subsections shall be calculated, arrived at, and recovered by the Board on the basis and in the manner prescribed by sections 57 and 60 of this Act and subject to the provisions of section 58 of this Act.

(1) The Board may construct drains for the removal of surface water, or control, alter, and improve any existing drains for that purpose, or any natural watercourse or channel, but all such works shall be done only with the approval of the local authority or local authorities within whose local district or local districts the drain, watercourse, or channel is situated and at the cost of the local authorities affected, and the Board and any such local authority may enter into and carry out agreements for that purpose.

(2) Except with the approval of the Auckland Harbour Board, no new drain for the discharge of surface water into any harbour under the control of the said Harbour Board shall be so constructed or used, and no existing drain, natural watercourse, or channel discharging or intended to discharge surface water into any such harbour shall be so used, controlled, altered, or improved, as to cause pollution of the harbour into which it discharges or is intended to discharge:

Provided that this subsection shall not apply to existing storm water overflows or emergency overflows discharging into storm water drains, natural watercourses, or channels, and shall not affect the powers of local authorities under section 221 of the Municipal Corporations Act 1954 and section 248 of the Counties Act 1956 in respect of leading surface water into streams and watercourses so long as the discharge from any such drain, natural watercourse, or channel shall not be or grow to become a nuisance or a nuisance within the meaning of section 29 of the Health Act 1956.

(3) In the event of the discharge from any such storm water drain, drain, natural watercourse, or channel being or being likely to become a nuisance or a nuisance within the meaning of section 29 of the Health Act 1956 upon the discharge of that storm water drain, drain, natural watercourse, or channel into the harbour, the Board shall, if the Auckland Harbour Board so requires, effect such improvements or carry out such other works in connection with that storm water drain, drain, natural watercourse, or channel, or take such other steps as may be necessary to abate any such nuisance or to prevent any such nuisance from arising or recurring.

(1) The Auckland Harbour Board, having already, before the passing of this Act, obtained the concurrence of the Minister of Health and the Minister of Transport, and having already notified the Board of the standards of purity and conditions to be maintained and complied with in respect of the discharge of sewage or sewage effluents to any waters within harbour limits, shall forthwith give notice of such standards of purity and conditions to all local authorities which may be discharging or permitting the discharge of any such sewage or sewage effluents to any such waters as aforesaid.

(2) In like manner, the Minister of Transport, having already, before the passing of this Act, notified the Board of the standards of purity and conditions to be maintained and complied with in respect of any such discharge to waters outside harbour limits, but within or contiguous to the district of the Board Minister of Works and Development, shall forthwith give notice of such standards of purity and conditions to all local authorities which may be discharging or permitting the discharge of any sewage or sewage effluents to any such waters as aforesaid.

(3) All or any notifications made or given at any time before the passing of this Act in respect of all or any of the matters referred to in either subsection (1) or subsection (2) of this section, shall be deemed to have been made and given under this section and in compliance with the requirements thereof and are hereby declared to have been validly and lawfully given.

(4) As from the date of the receipt of any such notification from the Auckland Harbour Board or from the Minister of Works and Development, as the case may be, the Board or the local authority concerned shall, as soon as practicable thereafter (if it has not already done so), commence and with all reasonable expedition complete all such works as may be necessary to ensure that the conditions and standards of purity so notified to it are and shall continue to be complied with and maintained.

(5) The Auckland Harbour Board, after obtaining the concurrence of the Minister of Health and the Minister of Works and Development in the case of tidal waters within harbour limits, and the Minister of Works and Development in the case of tidal waters beyond harbour limits, may at any time and from time to time notify the Board and any such local authority as aforesaid of any further or different standards of purity and conditions in respect of the discharge of sewage and sewage effluents to such waters as aforesaid; and thereupon the Board, or the local authority concerned, shall, as soon as practicable thereafter, commence and with all reasonable expedition complete such works as may be necessary to ensure that those further or different standards of purity and conditions are and shall thereafter continue to be complied with and maintained.

(6) The Minister of Health, the Minister of Works and Development, or the Auckland Harbour Board may at any time make application to the High Court or to a Judge thereof by motion on notice to the Board, to such local authority or local authorities as may be affected, and to such other persons or bodies as the Court or Judge may direct, for an order requiring compliance with the standards of purity and conditions fixed as aforesaid, and the infliction of such penalties as the Court or a Judge thereof may deem appropriate for failure to so comply. Without prejudice to or limitation of any other remedy, any such failure shall be an offence within the meaning of this Act.

(7) Nothing in section 236 of the Municipal Corporations Act 1954 or section 263 of the Counties Act 1956 shall apply to any discharge of sewage or sewage effluents in accordance with this Act.

(8) For the purposes of this section, the expression sewage or sewage effluents includes trade wastes and any noxious matter.