River Boards Act 1908

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Version as at 28 October 2021

River Boards Act 1908

Public Act
 
1908 No 165
Date of assent
 
4 August 1908
 
Note

Changes authorised by subpart 2 of Part 3 of the Legislation Act 2019 have been made in this consolidation. See the notes at the end of this consolidation for further details.

Contents

Title
1Short Title, etc
2Interpretation
3Acts incorporated
4Provisions as to petitions
5Petitioners may set after their names number of votes they may be entitled to exercise [Repealed]
6Governor-General may on petition constitute river districts [Repealed]
7Borough and town district to form separate subdivision [Repealed]
8Provision for first elections of new Boards, etc Roll of electors [Repealed]
9Districts may be united [Repealed]
10Governor-General to fix number of members of Board of united district [Repealed]
11Boards of districts united to be dissolved [Repealed]
12Property, etc, of districts united to vest in new district [Repealed]
13Governor-General to provide for first elections [Repealed]
14Alteration or abolition of districts [Repealed]
15Constitution of Board
16Boards prior to 10 November 1884
17By whom members elected
18Provision where a local authority forms or elects Board
19Governor-General in Council may declare what bodies shall return members in certain cases
20Conditions on which Board may alter number of members
21Governor-General, on request, may dissolve and reconstitute a Board
22Corporation to continue, and property of Board dissolved to belong to new Board
23Governor-General may appoint a person to make inquiries into property of Board
24Refusing information, etc
25Term of office of members returned at a special election [Repealed]
26Local Electoral Act 2001 to apply
27General election in January every three years [Repealed]
28Who qualified to be member
29Disqualification of members
30Who are ratepayers
30ARatepayers list
30BPublic notice of ratepayers list and objection rights
30CObjections to ratepayers list
31As to number of votes for each ratepayer
32When members come into office or cease to hold office [Repealed]
33Person elected for 2 or more subdivisions
34How office of member becomes vacant
35Vacancies not to invalidate acts of Board
36Acting when disqualified
37District Court Judge may issue summons for ouster of office against member or Chairman
38On hearing summons District Court Judge may adjudge member to be ousted
39District Court Judge may exercise power as in civil cases
40Before whom affidavits sworn
41Questions hereunder cannot be tried in High Court
42Governor-General may extend time for holding elections, etc
43Board a local authority
44Acts, etc, of Board to be valid notwithstanding irregularity
45Offices of Board
46Board may appoint officers
47When Chairman elected
48When Chairman comes into office
48AAnnual allowance to Chairman and Deputy Chairman [Repealed]
49Chairman at meetings
50Resignation, etc, of Chairman
51Notice of ordinary meetings
52How questions decided at Board
53As to quorum of Board
54Members cannot vote where interested [Repealed]
55As to adjournment of meetings
56As to ordinary meetings
57Special notice required for extraordinary business
58As to revocation or alteration of resolutions
59How special meeting convened
60How special orders made
61Special orders to be notified [Repealed]
62Rules for conduct of business
63Minutes of Boards
64Minutes to be evidence of proceedings
65Minute book and books of account to be open to inspection of ratepayers
66Travelling allowances
66AAnnual allowances and remuneration of Chairman, Deputy Chairman, and members [Repealed]
66BSubscriptions to New Zealand Drainage and River Boards’ Association, and travelling expenses of representatives
66CBoards may insure members against personal accident
67Board may contract for execution of works, etc
68Mode of entering into contracts [Repealed]
69Contracts over $400 to be by tender
70Contracts of Board to bind
71Actions or suits may be maintained on contracts
72Board may compound for breach of contract
73Rivers under control of Board
74Power to take lands
75Power to remove soil, etc
76Power to enter on lands, etc
77Board may order trees impeding river or stream to be removed
78Property, etc, vested in Board
79Wilful damage to river works
80Board may contract with other local authority or any Minister of the Crown
81Board may join with other local authorities in making contracts
82Powers of local authorities parties to such contract
83Drainage works may be undertaken by River Boards instead of County Councils [Repealed]
84Board not to interfere with Government public works
85Powers of Governor-General as to public works not affected by this Act
86Board not to construct works on tidal waters without consent of Governor-General
87Power to levy general rates [Repealed]
88Rate to be property rate either uniform or according to classification [Repealed]
89Tenant may recover rates against landlord in certain cases
90Boards of subdivided districts may direct separate rates to be levied [Repealed]
91Board may itself make separate and special rates [Repealed]
92Sections 101 to 105 suspended as to rate made by Board [Repealed]
93Classification of town lands and country lands [Repealed]
94Report on lands to be classified [Repealed]
95Classification to be published [Repealed]
96Appeal against classification [Repealed]
97Notice of appeal to be given [Repealed]
98Hearing of appeals [Repealed]
99Costs of appeal [Repealed]
100Classification list evidence of liability of person named therein [Repealed]
[Repealed]
101Local authorities may collect rate within their respective jurisdictions [Repealed]
102Annual value and capital value [Repealed]
103Rates to be handed to River Board [Repealed]
104Costs may be retained [Repealed]
105Liability if local authority neglects to collect rate [Repealed]
106Overdrafts [Repealed]
107Board may borrow money [Repealed]
108Powers of Receiver [Repealed]
109Alteration in terms of payment of loan
110Board to take security from officers
111Money of Board to be paid into bank within 7 days
112Secretary to keep accounts
113Board may require statements of accounts at any time
113AEstablishment of renewal and replacement funds
114Audit Office to audit
115Balance sheet to be publicly notified [Repealed]
116Money not accounted for to be debt due to Board
117Persons refusing to deliver up money and papers may be imprisoned
117AUnauthorised expenditure
118Governor-General may proclaim County Council to be River Board
119Effect of Proclamation
120Proclamation may be revoked
121How notices shall be sent
122How orders, summonses, etc, by Board signed
123Who to represent Board in proceedings in Court
124Judge not deemed interested merely because a ratepayer
125Obstructing Board
126Misnomer, etc, not to invalidate Proclamations
127Local authority may levy rate when Board refuses
128Saving of certain sections of prior Acts [Repealed]
[Repealed]
Notes

An Act to consolidate certain enactments of the General Assembly relating to the constitution of River Boards and the construction of river works