The Short Title of this Act shall be “The Thames Harbour Board Act, 1876.”

A Board is hereby constituted for the management of the affairs of the Port of the Thames, and such Board shall be a body corporate of the name of “The Thames Harbour Board,” and by that name shall have perpetual succession and a common seal, and shall have and enjoy all the rights powers and privileges which bodies corporate as such have and enjoy.

The Board shall consist of nine members, of whom the Mayor of the Borough of the Thames shall ex officio be one, and the eight others shall he appointed or elected as follows:—

The Mayor and Council of the Borough of the Thames shall elect two members:

The Waiotahi Road Board shall elect one member:

The Kauwaeranga Road Board shall elect one member:

The Parawai Road Board shall elect one member:

And the remaining three members shall be elected by the persons who shall have paid port harbour pilotage and wharfage dues and charges in respect of the Port of the Thames to the amount of not less than two pounds sterling, during the year preceding the day of election.

In cases where such dues or charges have been paid by two or more persons jointly, the one only who shall first present himself to the Returning Officer to record his vote shall be entitled to do so.

The first election of all the elective members shall take place in the month of January, in the year one thousand eight hundred and seventy-seven, on a day to be appointed by the Mayor of the Borough of the Thames, of which seven days’ notice shall be given in such manner as the Mayor may deem best calculated to give full publicity to the same.

The election of members by Borough Council and by the several Road Boards shall he conducted in such manner as the Council and Boards shall respectively prescribe.

The Mayor shall be the Returning Officer for the members to be elected by the persons entitled to vote in respect of the payment of dues and charges.

On the day appointed for the election, at a place to be named in the notice thereof, the Mayor shall preside at a meeting of the persons entitled to vote in respect of the payment of dues and charges, to he held at twelve o’clock at noon.

At such meeting it shall he competent for any elector to nominate any number of persons not exceeding the number to be elected, and the nomination having been seconded by another elector, the Returning Officer shall declare the persons so nominated duly elected, unless more persons are nominated than the number to be elected.

In the event of there being more persons duly nominated than the number to be elected, the Returning Officer shall call for a show of hands in favour of each candidate, and after such show shall declare in whose favour the show of hands appears to be, and if thereupon a poll is not demanded by one of the candidates, or by not less than two electors, the Returning Officer shall declare duly elected the candidates in whose favour the show appears to have been.

If a poll is demanded, the Returning Officer shall appoint a day on which the poll shall he taken, not being more than seven nor less than three days from the day of nomination.

The poll shall commence at nine o’clock in the morning and be closed at four o’clock in the afternoon, and shall be taken by ballot, in such convenient manner as the Returning Officer shall prescribe.

In case any two or more candidates shall have an equal number of votes, the Returning Officer shall have a casting vote, but shall not otherwise vote.

The Returning Officer shall finally decide all questions as to qualification to vote, and may require such proofs as he may think fit from any person claiming to vote.

As soon as any election is concluded, the Returning Officer shall forthwith publicly notify the result in such manner as he may think fit.

In case of the death, resignation, bankruptcy, refusal to act, or absence without leave from the meetings of the Board for three calendar months of any elected member of the Board, his seat shall thereupon become vacant, and a new election shall take place within twenty-eight days.

All the elected members of the Board shall go out of office, and their successors shall be elected, in the month of January in every year.

All subsequent elections shall be conducted in like manner as is hereinbefore provided in respect of the first election.

The members may meet together for the despatch of business, adjourn, and otherwise regulate their meetings as they think fit. Three shall be a quorum necessary for the transaction of business.

Questions arising at any meeting shall be decided by a majority of votes, and in case of equality of votes the Chairman, in addition to his original vote, shall have a casting vote.

The members shall elect a Chairman of the Board, but, if at any meeting the Chairman is not present at the time appointed for holding the same, the members present shall choose one of their number to be chairman of such meeting.

All acts done at a meeting of the Board or by any person acting as a member shall, notwithstanding there was a vacancy in the number of members, or notwithstanding that it was afterwards discovered that there was some defect in the election of any member or person acting as such, or that the members or any of them were disqualified, be as valid as if any such person had been duly elected or was not disqualified to be a member.

No person who shall be directly or indirectly, either alone or with others, in any way interested or concerned in any contract agreement or undertaking entered into by the Board, shall be capable of being elected or serving as a member thereof, but this provision shall not apply to shareholders as such only in incorporated companies.

If the person so concerned or interested is the Mayor, the Borough Council shall elect one other of their number to act in the place of the Mayor, and the person so elected shall have exercise and perform the same powers and duties as are given to or imposed upon the Mayor under this Act.

The election of any other person so interested or concerned as aforesaid shall be null and void, and any member becoming so interested shall thereupon cease to be a member, and the vacancy thereby created shall be filled up by an election as hereinbefore provided.

The Board shall appoint a Treasurer, who shall give such security for the due performance of his office as the Board shall from time to time fix. The Treasurer to hold office during the pleasure of the Board.

The duties of Treasurer shall be—

To have the custody and control of the funds of the Board.

To pay into a banking account, to be opened in the name of the Board, all sums to the amount of ten pounds forthwith on the receipt thereof.

To keep full true and particular accounts, in such form as the Board shall direct, of all money paid and received by him on account of the Board.

To make an abstract of the accounts, made up to the 1st of January in every year, and showing all receipts and payments, and all assets and liabilities, a copy whereof shall, in the month of January, be transmitted to the Colonial Secretary.

No money shall he drawn out of the banking account except by the authority of the Board, and by cheque, signed by the Treasurer and countersigned by the Chairman or two members of the Board.

It shall be lawful for the Governor in Council to grant to the Board any land situate below high watermark within the said Port of the Thames, in respect of which the just rights and claims of aboriginal natives under the Treaty of Waitangi have been satisfied and extinguished, upon such terms and conditions as he may think fit, and every grant of such land shall be sealed with the public Seal of the Colony, and shall be valid and effectual as against Her Majesty, her heirs and successors, and all other persons whomsoever. Before any such grant shall be made, it shall be lawful for the Governor at any time to fulfil and perform all contracts promises or engagements heretofore made by the Superintendent of the Province of Auckland, and by any persons acting on behalf of and with the authority of the Government of the colony; and every grant or lease made in pursuance of any such contract promise or engagement shall be valid and effectual. In every grant or lease made under the authority of this section, there shall be reserved to the Crown gold and other minerals, and full power to search for and work the same, and to grant licenses for that purpose, making reasonable compensation in respect of all damage done to the surface and to the buildings and other improvements thereon.

It shall be lawful for the Board to lay out for occupation, with roads or other reserves, any land vested in them.

All lands and roads, when so laid out, shall be and be deemed to be within and part of the Borough of the Thames: Provided that no rates taxes or charges shall he levied or payable in respect of any property belonging to the Board, so long as the same shall not be demised let to or used or occupied by any other person.

It shall also be lawful for the Board, by and under their common seal, to demise all, or from time to time any part of, the land so vested in them as aforesaid, for any term not exceeding thirty-five years, subject to such conditions and stipulations as they may think fit.

All and every sums and sum of money received by the Board from any source whatsoever shall be applied in or towards the expense of the management of the affairs of and land belonging to the Board, and in the improvement of the said port and promoting the convenience thereof, and for no other purpose.

The person or persons who for the time being shall he lawfully acting as Auditor or Auditors of the accounts of the County of Thames shall also be and act as Auditor or Auditors of the accounts of the Board, and shall have perform and exercise all such powers and duties in respect of the accounts of the said Board as under the provisions of “The Counties Act, 1876,” are vested in or imposed upon such Auditor or Auditors in respect of the accounts of the said county; and in each year a copy of the annual balance sheet of the accounts of the said Board shall be signed by the Chairman, and forwarded by the Treasurer to the Colonial Secretary within one month after the accounts of the said Board shall have been examined and audited by the said Auditor or Auditors, and the Colonial Secretary shall cause an abstract of such accounts to be published in the Gazette.

It shall be lawful for the Governor, or any person whom he may appoint for that purpose, on behalf of Her Majesty, from time to time and at any time hereafter, upon giving one month’s notice in writing to the Board, to enter upon and take possession of such portion of any lands that may hereafter be granted to or vested in the Board under this Act, and that may be required for the erection or construction of any public works or buildings of any kind, or for the purposes of any railway authorized to be constructed under any Act of the General Assembly now or hereafter to be in force.

The Board shall be entitled to receive compensation for any land so taken, but not in any case exceeding the amount which the Board shall have actually laid out upon the said land, either for cost of reclamation or otherwise in permanently improving the same; and the amount of such outlay shall, in case of dispute, be ascertained and settled in the like manner as claims for compensation may be ascertained and settled under any Act for the time being in torce for ascertaining and settling claims to compensation for land taken for public purposes.

Upon the giving of such notice as aforesaid, the lands specified therein shall vest absolutely in Her Majesty the Queen, her heirs and successors, freed and discharged from any trusts upon which the same may be held.

All moneys to be paid by way of reimbursing the Board for such actual outlay as aforesaid shall be paid out of such sum or sums as may from time to time be appropriated for that purpose by the General Assembly.

Nothing herein contained shall be construed to limit or abridge any other right or power that may be vested in Her Majesty or the Governor, or in any other person on behalf of Her said Majesty, of taking lands for all or any of such purposes as hereinbefore mentioned.

No member of the Board shall receive any salary or remuneration other than his actual travelling expenses; and no member of the Board shall, if any salary is attached to such office, be capable of being or continuing Treasurer or any such other officer of the Board.