Electric-power Boards Act 1925
Electric-power Boards Act 1925
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Electric-power Boards Act 1925
Electric-power Boards Act 1925
Public Act |
1925 No 38 |
|
Date of assent |
1 October 1925 |
|
Contents
An Act to consolidate certain Enactments of the General Assembly providing for the Construction or Purchase of Works for the Generation, Transmission, and Supply of Electric Power by Electric-power Boards.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title and commencement.
This Act may be cited as the Electric-power Boards Act, 1925, and it shall come into force on the first day of April, nineteen hundred and twenty-six.
2 Interpretation.
1918, No. 5, sec. 2 1920, No. 38, sec. 2
(1.)
In this Act, if not inconsistent with the context,—
“Board” means an Electric-power Board of an electric-power district:
“Clerk” means the Clerk of an Electric-power Board constituted under this Act:
“Constituent district” means the whole or any part of any borough, county, town district, or road district situated within an electric-power district:
“District” means an electric-power district proclaimed by the Governor-General under this Act:
“Electric works” includes generating-works, transmission-lines, transformer-stations, and all other works authorized to be constructed or carried out under this Act:
“Financial year” means a period of twelve months ending on the thirty-first day of March in any year:
“Minister” means the Minister of Public Works:
“Outer area” means any area or areas beyond the limits of a district, and within which area or areas an Electric-power Board is authorized to supply electric power to consumers:
“Prescribed” means prescribed by this Act or by regulations made under this Act:
“Ratepayer” means a person whose name appears for the time being in the occupiers’ column in the valuation roll of a constituent district in respect of rateable property within that district.
Constitution of electric-power districts and outer areas. 1918, No. 5, sec. 3 1920, No. 38, sec. 3 1922, No. 26, sec. 3
(2.)
The term “local authority”
as used in the Local Elections and Polls Act, 1925, the Mining Act, 1908, and the Valuation of Land Act, 1925, is hereby extended to include in each case an Electric-power Board.
Electric-power Districts
3
(1.)
Any area or areas may be constituted an electric-power district or outer area under this Act in the manner following:—
(a.)
A petition in accordance with regulations praying that any area may be constituted an electric-power district shall be presented to the Governor-General. Every such petition shall be signed by not less than one-fourth of the ratepayers within each proposed constituent district.
(b.)
The petition shall contain the following particulars:—
(i.)
A description of the boundaries of the area or areas proposed to be constituted an electric-power district:
(ii.)
A description of the boundaries of any area or areas proposed to be constituted an outer area:
(iii.)
The boroughs, counties, town districts, and road districts or parts thereof forming the proposed constituent districts and any proposed outer area respectively:
(iv.)
The number of ratepayers and the value, improved and unimproved, of all rateable property within each of such proposed constituent districts:
(v.)
The number of members proposed to constitute the Board:
(vi.)
A statement as to whether the members of the Board are to be elected by the electors of the several constituent districts (including combined districts) or by the ratepayers of the electric-power district; and where the members are to be elected by the electors of the several constituent districts, a further statement as to the number of members proposed to be elected by each constituent district and combined district.
(c.)
The petition shall be publicly notified not less than one month before presentation in a newspaper circulating within the district, and a copy of such notice shall be served on the local authority of each proposed constituent district. In publicly notifying the petition it shall be sufficient to set forth the object, purport, or general effect thereof if a copy of the petition is deposited at the office of each of the local authorities aforesaid and is open to the inspection of the public during the usual office hours of the local authority for not less than one month before presentation as aforesaid.
(2.)
If after such inquiry as the Governor-General thinks fit he is of opinion that the petition should be granted, he may, by Proclamation, declare the area an electric-power district, and any proposed outer area an outer area of such district, or he may alter the proposed boundaries and proclaim the district and any outer area with such altered boundaries, and may assign a name to the district.
(3.)
The Governor-General may by Proclamation, on petition signed by not less than one-fourth in number of the ratepayers within any defined area, alter the boundaries of a district so as to include such defined area within such district. The provisions of subsection one hereof, as to petitions, shall apply, mutatis mutandis, to petitions under this subsection.
On application by Board, Governor-General may include area in outer area of district. 1923, No. 37, sec. 13
(4.)
Any area adjoining an electric-power district or adjoining an outer area of an electric-power district and not comprised in any other electric-power district may, on application by the Board of the district, be declared by the Governor-General, by Proclamation, to be included in and to form part of an existing outer area of the electric-power district, or to be an outer area of that district, as from a date to be specified in that behalf in the Proclamation.
(5.)
Every application under the last preceding subsection shall be in the prescribed form, and shall contain such particulars as may from time to time be prescribed in that behalf.
4 If petition not signed by required proportion of ratepayers of any proposed constituent district, that district may be excluded from boundaries.
1922, No. 26, sec. 4
Where a petition for the constitution of any area as an electric-power district is presented to the Governor-General as required by the last preceding section, save that the petition has not been signed by at least one-fourth of the ratepayers of each of the proposed constituent districts as required by paragraph (a) of subsection one of that section, the Governor-General may exclude from the boundaries of the proposed electric-power district the area comprised in any proposed constituent district in which less than one-fourth of the ratepayers have signed the petition; and may constitute the remaining area, with such alterations (if any) as he may make pursuant to subsection two of the last preceding section, an electric-power district in the same manner in all respects as if the petition had been originally limited to that area. Any area excluded from the boundaries of an electric-power district as provided in this section may, if the Governor-General thinks fit, be included in the outer area of that district.
5 United districts.
Ibid., sec. 6
(1.)
The Governor-General may, by Proclamation approved in Executive Council, declare any two or more districts to be united, and to form one district, with such name as he thinks fit:
Provided that no such Proclamation shall be made except upon a petition from each of the districts proposed to be united, signed by not less than a majority of the ratepayers in each such district, nor unless public notice of such petition has been given in each of the districts before its presentation to the Governor-General.
(2.)
By the same or a subsequent Proclamation the Governor-General shall determine whether the Board of the united district shall be elected by the ratepayers of the district, or by the electors of the several constituent districts and combined districts.
(3.)
Save as otherwise provided herein, the provisions of this Act as to the first election of members of the Board of a new district shall apply with respect to the first election of the Board of a united district.
(4.)
On the union of two or more districts as herein provided the following provisions shall have effect, that is to say:—
(a.)
The Boards of the original districts shall be dissolved:
(b.)
All property, real or personal, belonging to the Board of any of the original districts shall become vested in the Board of the united district:
(c.)
All rates and other moneys payable to the Board of any of the original districts shall become payable to the Board of the united district:
(d.)
All the liabilities and engagements of the Board of any of the original districts shall become liabilities and engagements of the Board of the united district:
(e.)
All proceedings pending by or against the Board of any of the original districts may be carried on or prosecuted by or against the Board of the united district.
6 Alteration of boundaries of electric-power districts.
Ibid., sec. 7
(1.)
The boundaries of any two or more contiguous districts may from time to time be altered by the Governor-General by Proclamation made in accordance with a resolution proposing the alteration passed by the Board of each of the districts affected.
(2.)
If the Board of any district passes a resolution proposing an alteration of boundaries, and the Board of any contiguous district whose boundaries are thereby proposed to be altered does not within three months thereafter pass a resolution proposing the same alteration, the Board which has passed such resolution may present a petition to the Governor-General requesting that the proposed alteration be made. Such petition shall be executed by the petitioning Board under seal, and shall be accompanied by a petition to the Board praying for the proposed alteration, signed by not less than two-thirds of those ratepayers whose properties are situated within the area or areas which it is proposed by such alteration to exclude from or include in the boundaries of the district of the petitioning Board.
(3.)
Upon receipt of such petition the Governor-General may direct a Commission consisting of an electrical engineer engaged in the service of the Crown, a District Valuer under the Valuation of Land Act, 1925, and one other fit person to inquire and report to him whether the alterations of boundaries proposed by the petitioning Board or any other alterations of the boundaries of the contiguous districts ought or ought not to be made.
(4.)
The said Commission shall have all the powers of a Commission under the Commissions of Inquiry Act, 1908.
(5.)
The Governor-General may, by Proclamation, alter the boundaries of the district of the petitioning Board and any contiguous district or districts in such manner as he may deem to be in accordance with the report of the Commission.
(6.)
A Proclamation made under the authority of this section shall fully describe the boundaries of any area thereby added to or excluded from a district, and shall also describe the boundaries of each of the districts affected by it, and the altered boundaries so defined shall, as from the taking-effect of the Proclamation, be the boundaries of the districts mentioned therein.
7 Adjustment of assets and liabilities.
1922, No. 26, sec. 8
(1.)
When the boundaries of any district are altered as provided in the last preceding section,—
(a.)
All contracts then subsisting in respect of any part of the district severed therefrom and included in another district shall belong to and may be enforced by and against the Board of the latter district; and all rates then due in the said part of the district shall be deemed to be rates due to the Board of such latter district:
(b.)
The Boards of the said districts may agree together to transfer a fair share of the property, debts, and liabilities of any district which is diminished to any district which is increased in area by such alteration of boundaries. Every such agreement shall be in writing, and shall be final as between the said Boards.
(2.)
If the Boards do not agree, the Controller and Auditor-General, or such other person as the Governor-General appoints, shall, on the application of the Board of any of the districts affected, hold an inquiry, and shall make an award as to the matters mentioned in the last preceding subsection.
(3.)
Any such award may provide for all or any of the matters included in the subject for inquiry, and may declare in whom any property shall be vested, and by whom any moneys shall be paid, or other acts and things done, including the payment by either party of the whole or any part of the expenses of such inquiry; and the person making such award may make and give such directions generally as may be necessary for giving full effect to the objects of the inquiry.
(4.)
Every such award shall be final, and shall from the date thereof have the operation of, and be enforceable as, and be held to be a judgment of, the Supreme Court.
(5.)
All property, real or personal, transferred from one Board to another by any such agreement or award shall be deemed to have vested in the latter Board on the date on which the alteration of boundaries was effected.
(6.)
Where pursuant to any agreement or award under this section any sum of money is payable by any Board, that Board may raise such sum or any part thereof by way of special loan under the Local Bodies’ Loans Act, 1913, without taking the steps described in sections eight to twelve of that Act.
Arbitration Act not applicable to inquiries and awards hereunder.
(7.)
Neither the Controller and Auditor-General nor any other person appointed under the foregoing provisions of this section to hold an inquiry and make an award with respect to the several matters therein mentioned shall be deemed to be an arbitrator within the meaning of the Arbitration Act, 1908, and nothing in that Act shall apply to any such inquiry or award.
8 Creditors not affected by alteration of district.
1922, No. 26, sec. 9
The alteration of the boundaries of any district shall not in any way affect the rights or interests of any debenture-holder or other creditor of the Board of any district from which a part is thereby severed, nor shall it relieve the ratepayers for the time being in such part from their liability to pay any special or other rate made under this Act or any other Act.
Electric-power Boards
9 Electric-power Boards.
1918, No. 5, sec. 4
(1.)
For every electric-power district there shall be an Electric-power Board constituted in manner hereinafter provided.
(2.)
Every such Board shall be a body corporate by the name of “The Electric-power Board,”
and shall have perpetual succession and a common seal, with power to purchase, take, hold, and dispose of real and personal property, and to do and suffer all that bodies corporate may lawfully do and suffer.
10 Constitution of Electric-power Boards.
Ibid., sec. 5 1922, No. 26, sec.5(1)
(1.)
Subject to the provisions of this Act, every Electric-power Board shall consist of one or more representatives of each of the constituent districts within the electric-power district.
(2.)
The number of representatives of each constituent district shall be such as is determined from time to time in each case by the Governor-General by Order in Council, having regard, in such manner as he thinks fit, to the relative populations of those districts, to the relative values of the rateable property therein, to the amount of rates levied or proposed to be levied therein, and to all other relevant considerations.
(3.)
The total number of members of any such Board shall in no case be less than five or more than twelve.
11 Combined districts.
1918, No. 5, sec. 6 1922, No. 26, sec. 5(2)
(1.)
In any case in which by reason of the number of constituent districts in any electric-power district, or by reason of the smallness of the population of any such constituent district, or of the value of the rateable property in that district, it is, in the opinion of the Governor-General in Council, impracticable or inexpedient to give full effect to the intent of the last preceding section, the Governor-General may, by Order in Council, combine into one or more combined districts any number of the constituent districts (whether of the same or of different kinds) in that electric-power district for the purpose of the election of representatives on the Board of that electric-power district.
(2.)
In any such case the Governor-General shall, by the same or by any other Order in Council, from time to time prescribe the number of members to be elected in common as the representative or representatives of any such combined district, having regard, in such manner as he thinks fit, to the relative populations, to the relative values of the rateable property, and to the rates levied or proposed to be levied in the combined district and in every other combined district or separate constituent district within the electric-power district, and to all other relevant considerations.
(3.)
In any such case the Governor-General shall, by the same or any other Order in Council, from time to time select and appoint one of the local authorities of the combined district to be the principal local authority of that combined district within the meaning and for the purposes of this Act.
(4.)
For all the purposes of this Act other than the election or appointment of representatives each of the constituent districts in a combined district shall be deemed to be a separate constituent district.
12 Alteration of constituent districts not to affect constitution of Board.
1918, No. 5, sec. 7
(1.)
The creation, abolition, merger, union, division, or other alteration of any constituent district within an electric-power district shall not in itself have any operation so as to affect the then existing membership of the Electric-power Board of that district.
(2.)
The Governor-General may from time to time, whenever in his opinion it becomes necessary or expedient so to do by reason of any such creation, abolition, merger, union, division, or alteration of constituent districts, or by reason of any other circumstance, revoke or amend any provisions made by him with respect to the representation of the constituent districts in an electric-power district, or with respect to the creation or representation of any combined district in an electric-power district; and may by Order in Council make, with respect to any of those matters, any other provisions which he thinks fit and which are not inconsistent with this Act.
(3.)
If by any such Order in Council representation is given to any constituent district or combined district which is not already represented on the Board, or increased representation is given to any constituent district or combined district which is already represented on the Board, the Governor-General shall, by the same or any other Order in Council, fix the date of the first election of the representatives or additional representatives, as the case may be, of that district, and make all other provisions which are deemed necessary for that election.
(4.)
If by any Order in Council under this section representation on a Board is taken away from any constituent district or combined district, the representatives of that district shall retire from office on the day appointed in that behalf by the Order in Council.
(5.)
If by any Order in Council under this section a reduction is made in the number of representatives to which any constituent district or combined district is entitled, a sufficient number of those representatives shall retire from office on the day appointed in that behalf by the Order in Council so that the representation of that district may conform to the Order in Council. The representatives so to retire from office shall, in default of agreement among all the representatives of the constituent district or combined district, be determined by lot in manner determined by the Board.
13 Election of members of Electric-power Board for constituent districts.
1918, No. 5, sec. 8
(1.)
The representatives on an Electric-power Board of any constituent district shall be elected by the electors of that district.
(2.)
Every such elector shall have one vote only.
(3.)
Every such election shall be held in the same manner, with all necessary modifications, as the elections of members of the local authority of the constituent district; and all the provisions of the Local Elections and Polls Act, 1925, and of all other Acts affecting the mode of election of members of that local authority (including the penal provisions thereof and the provisions relating to disputed elections), shall, so far as applicable and so far as consistent with this Act, apply accordingly.
(4.)
Where an election of representatives of a constituent district is held simultaneously with an election of members of the local authority of that district, the voting-papers provided for the former election shall be different in colour from those provided for the latter.
(5.)
In the application of the Local Elections and Polls Act, 1925, as aforesaid every reference therein to the local authority shall be construed as a reference to the local authority of the constituent district.
(6.)
The Returning Officer of the local authority of the constituent district shall be the Returning Officer for the purpose of elections of representatives of that constituent district under this Act.
(7.)
The reasonable cost of every such election, except the expenses of scrutineers and other expenses incurred by or on behalf of candidates, shall be borne and paid by the local authority of the constituent district.
(8.)
Every candidate at any such election shall at the time of nomination deposit the sum of three pounds with the Returning Officer; and if that candidate does not receive one-eighth of the votes received by the successful candidate, or, as the case may be, by the successful candidate receiving the fewest votes, the deposit shall be forfeited to the local authority; but otherwise, or if the candidate duly withdraws his nomination before the election or is elected without a poll, the deposit shall be returned to him.
14 Election of representatives of combined district.
Ibid., sec. 9
(1.)
The representatives on an Electric-power Board of a combined district shall be elected by the electors of each of the constituent districts included in the combined district.
(2.)
Every such elector shall have one vote only, even though he is an elector of more than one of the constituent districts included in the combined district.
(3.)
Every such election shall be held in manner provided by regulations made by the Governor-General in Council either generally or in respect of any specified combined district or districts.
(4.)
By such regulations the Governor-General in Council may apply to any such election, with such modifications, exceptions, and additions as he thinks fit, the provisions of the Local Elections and Polls Act, 1925, and of any other Act affecting the election of members of the local authority of any of the constituent districts included in a combined district.
(5.)
The reasonable cost of every such election, except the expenses of scrutineers and other expenses incurred by or on behalf of candidates, shall be borne and paid by the several local authorities of the constituent districts included in the combined districts, in such proportions as the Governor-General may prescribe.
15 Date of first election of Board.
1918, No. 5, sec. 10
The first election of the representatives of any constituent district or combined district shall be held on such day as the Governor-General by Order in Council appoints, and by the same or any subsequent Order in Council the Governor-General may make all such provisions as are deemed necessary for the purposes of that election.
16 Dates of general elections of Boards.
1922, No. 26, sec. 10
(1.)
Nothing in this section shall apply in any district the Board of which is elected by the ratepayers in accordance with the provisions of this Act in that behalf.
(2.)
On every day appointed for holding the ordinary general election of the members of the local authority of any constituent district there shall be held at the same time an election of the representatives of such constituent district on the Electric-power Board.
(3.)
On every day appointed for holding the ordinary general election of the members of the principal local authority of a combined district there shall be held at the same time an election of the representatives of that combined district on the Electric-power Board.
(4.)
On the election under this section of representatives of any constituent district or combined district the former representatives thereof shall, unless re-elected, retire from office.
(5.)
Notwithstanding anything in the foregoing provisions of this section, if the day appointed pursuant to those provisions for the holding of the second election of the representatives of any constituent district or combined district, as the case may be, would fall within the period of twelve months immediately succeeding the first election an election shall not then be held, and the member or members then in office as the representative or representatives of such constituent district or combined district, as the case may be, shall be deemed to have been duly re-elected, and shall continue in office accordingly.
17 In default of election, Governor-General may appoint members.
1918, No. 5, sec. 11
If any constituent district or combined district fails, at the first or any subsequent election, to elect the required number of representatives the Governor-General may, by Warrant under his hand, appoint such qualified persons as he thinks fit to be the representatives of that district in lieu of those who ought to have been elected; and the persons so appointed shall hold office in all respects as if they had been duly elected in conformity with this Act.
18 Members to come into office on date of election or appointment.
Ibid., sec. 13
Every representative of a constituent district or combined district shall come into office on his election or appointment, and shall, unless his office sooner becomes vacant, hold office until the election or appointment of his successor in accordance with this Act.
19 Qualification of members.
Ibid., sec. 14(1)
No person other than an elector of a constituent district shall be capable of being elected or appointed as a representative of that district or of a combined district which includes that district.
Elections of Boards by Ratepayers
20 Election of Board by ratepayers of whole district in certain cases.
1918, No. 5, sec. 5(3) 1922, No. 26 sec. 2 1923, No 37, see. 9
(1.)
Notwithstanding anything to the contrary hereinbefore contained, the members of the Board of any district shall be elected by the ratepayers of the whole district as hereinafter in this section provided, instead of by the electors of the several constituent districts, if such method of election is so specified in the petition for the constitution of the district presented to the Governor-General pursuant to section three hereof.
(2.)
The number of members to be so elected shall be determined by the Governor-General by Order in Council, and shall in no case be less than five or more than twelve.
(3.)
At every such election every ratepayer shall have one vote only, whether or not he is a ratepayer of more than one constituent district.
(4.)
Every such election shall be held under and subject to the provisions of the Local Elections and Polls Act, 1925, and the provisions of that Act, including the penal provisions thereof and the provisions relating to disputed elections, shall apply accordingly.
(5.)
Every election under this section shall be deemed to be a poll of ratepayers within the meaning of section fifty hereof, and the provisions of that section and of section fifty-two hereof shall apply with respect to every such election accordingly.
(6.)
At any election under this section the vote of any ratepayer may be recorded at any polling-place within the constituent district in which is situated any rateable property in respect of which he is a ratepayer, or at any other polling-place within the electric-power district which may be specially appointed as a polling-place at which may be recorded the votes of ratepayers irrespective of the location of the rateable property in respect of which they are entitled to vote.
(7.)
The first election of the members of the Board pursuant to this section shall be held on such day as the Governor-General by Order in Council appoints, and by the same or any subsequent Order in Council the Governor-General may make all such provisions as are deemed necessary for the purposes of that election.
(8.)
Subsequent elections shall be held triennially on the day fixed for the general election of County Councils pursuant to the Counties Act, 1920, save that if the day so fixed is within the period of twelve months immediately succeeding the date of the first election of the members of a Board an election shall not be held, and the members then in office shall continue in office as if they had been duly re-elected.
(9.)
Every member of the Board shall come into office on the date of the election, and shall, unless his office sooner becomes vacant, continue in office until the election of his successor.
(10.)
No person other than a ratepayer of the district shall be capable of being elected or appointed a member of the Board under this section.
(11.)
If the ratepayers fail at any election under this section to elect the required number of members the Governor-General may, by Warrant under his hand, appoint such qualified persons as he thinks fit in lieu of those who ought to have been elected; and the persons so appointed shall hold office in all respects as if they had been duly elected in conformity with this section.
Disqualification and Vacancies
21 Disqualification from election as member.
1918, No. 5. sec. 14(2) 1922, No. 26, sec. 12(1)
The following persons are incapable of being elected or appointed members of an Electric-power Board:—
(a.)
A minor.
(b.)
An alien.
(c.)
A person of unsound mind.
(d.)
A bankrupt who has not obtained his order of discharge, or whose order of discharge is suspended for a term not yet expired or is subject to conditions not yet fulfilled.
(e.)
A person convicted of any offence punishable by imprisonment, unless he has received a free pardon, or has served his sentence, or otherwise suffered the penalty imposed on him.
(f.)
A person who holds any office or place of profit under or in the gift of the Board.
(g.)
A person who is concerned or interested (otherwise than as a member of an incorporated company in which there are more than twenty members, and of which he is not the general manager) in any contract made by the Board (other than a contract relating to land entered upon or taken, or proposed to be entered upon or taken, for electric works under the authority of this Act) if the payment made or to be made by the Board in respect of any such contract exceeds five pounds in the case of a single contract, or ten pounds altogether in any financial year in the case of two or more contracts, except in special cases to be previously approved by the Audit Office, on the application of the Board. In any such special case the Audit Office may authorize the payment and receipt of such amount as it thinks fit, not exceeding in the aggregate fifty pounds in any financial year in respect of any contract or of two or more contracts:
Provided that an interest in any loan raised by the Board, whether on security or otherwise, or in any newspaper in which the Board inserts advertisements, or in any lease granted or agreed to be granted to or by the Board, shall not constitute a disqualification under this paragraph.
22 Vacation of office by members.
1918, No. 5, sec. 15 1922, No. 26, sec. 12(2)
(1.)
The office of a member shall become vacant if he—
(a.)
Dies; or
(b.)
Resigns his office by writing under his hand delivered to the Clerk or Chairman of the Board, or is ousted of office; or (c.) Becomes a bankrupt, or makes any composition with his creditors for less than twenty shillings in the pound, or makes an assignment of his estate for the benefit of his creditors; or
(d.)
Becomes of unsound mind; or
(e.)
Is convicted on indictment, or is sentenced by the Supreme Court on a plea of “Guilty”
to any charge of an indictable offence, or is sentenced by any Court for any offence to imprisonment without the option of a fine or to reformative detention under any Act; or
(f.)
Is absent without leave from four consecutive meetings of the Board; or
(g.)
Holds any office or place of profit under or in the gift of the Board; or
(h.)
Is concerned or interested (otherwise than as a member of an incorporated company in which there are more than twenty members, and of which he is not the general manager) in any contract made by the Board (other than a contract relating to land entered upon or taken, or proposed to be entered upon or taken, for electric works under the authority of this Act) if the payment made or to be made by the Board in respect of any such contract exceeds five pounds in the case of a single contract, or ten pounds altogether in any financial year in the case of two or more contracts, except in special cases to be previously approved by the Audit Office, on the application of the Board. In any such special case the Audit Office may authorize the payment and receipt of such amount as it thinks fit, not exceeding in the aggregate fifty pounds in any financial year in respect of any contract or of two or more contracts:
Provided that an interest in any loan raised by the Board, whether on security or otherwise, or in any newspaper in which the Board inserts advertisements, shall not constitute a cause of forfeiture under this paragraph:
(i.)
Is convicted of an offence against section thirty-one hereof.
(2.)
If any person does any act as a member after his office has become vacant under this section he shall be liable on summary conviction to a fine of fifty pounds.
(3.)
If any member becomes concerned or interested in any contract made by the Board so as thereby to forfeit his office under this section he shall be liable on summary conviction to a fine of fifty pounds, and shall not be entitled to enforce that contract as against the Board; and all moneys paid to him by the Board in respect of the contract shall constitute a debt due by him to the Board, and shall be recoverable by action accordingly in any Court of competent jurisdiction.
(4.)
Every member who knowingly takes part in the making by the Board of any contract in which any other member is so concerned or interested as thereby to forfeit his office under this section is liable on summary conviction to a fine of fifty pounds.
(5.)
It shall be the duty of the Audit Office to institute proceedings for the recovery of any fine under this section, but nothing herein shall be so construed as to prevent such proceedings from being taken by any other person.
(6.)
Any member who becomes concerned or interested in any contract made by the Board so as thereby to forfeit his office under this section shall be disqualified for three years after the date of that forfeiture from being elected or appointed as a member of the Board.
23 Appointments to fill casual vacancies.
1918, No. 5, sec. 16
(1.)
When a representative of any constituent district vacates his office on the Board through the operation of the last preceding section the local authority of that constituent district shall forthwith appoint some qualified person in his place as representative of that district.
(2.)
When a representative of a combined district vacates his office on the Board through the operation of the last preceding section the local authorities of the several constituent districts included in that combined district shall forthwith, by agreement among themselves, jointly appoint some qualified person in his place as a representative of that district.
(3.)
If no such appointment is made within two months after the happening of the vacancy the Governor-General may, by Warrant under his hand, make the required appointment.
(4.)
The member so appointed shall hold office only for the unexpired portion of the term of office of his predecessor.
(5.)
When a member elected by the ratepayers of the whole district vacates his office on the Board through the operation of the last preceding section an election to fill the vacancy shall be held in accordance with section forty-two of the Local Elections and Polls Act, 1925.
24 Irregularities in appointment or election not to affect constitution or acts of Board.
Ibid., sec. 17.
The establishment of an Electric-power Board, and the validity or legality of acts done by such a Board, shall not be affected by any error or defect in the election or appointment of any member of the Board, or by the fact that the full number of members has not been elected or appointed, or by the fact that any person acting as a member of the Board is disqualified or has vacated his seat.
Ouster of Office
25 Ouster of office.
Ibid., sec. 18
(1.)
Upon proof in the first instance by affidavit or otherwise that any member of a Board is or has become incapable under this Act of holding his office, any Magistrate’s Court in the district, or if there is no such Court in the district, then the nearest Magistrate’s Court, may grant a summons calling upon the person holding such office to show cause why he should not be adjudged to be ousted of the same.
(2.)
If on the return of such summons it appears to the Court, on affidavit or oral evidence on oath, that such person is incapable under this Act of holding the said office the Court may adjudge such person to be ousted of the same, and such person shall be ousted of such office accordingly.
(3.)
In any such proceeding the Magistrate’s Court may exercise all the powers and authorities which it may exercise in its ordinary jurisdiction in civil cases, and the procedure of such Court shall, so far as applicable, apply generally to proceedings had under this section.
(4.)
No matter in relation to a disputed election shall be heard by the Magistrate’s Court under this section.
(5.)
No question which may be tried under this section shall be tried in the Supreme Court; and no proceedings in the Magistrate’s Court hereunder shall be removable into the Supreme Court by certiorari or otherwise.
The Chairman
26 Chairman to be elected by Board.
1918, No. 5, sec. 19
(1.)
In every district the Board shall at the first meeting of the Board after the constitution of a district, and thereafter at its annual meeting, elect one of its members to be Chairman of the Board.
(2.)
At every meeting for the election of a Chairman the Clerk shall preside, and in any case of an equality of votes shall determine the election by lot in such manner as the Board directs.
(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 Clerk; 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 Clerk shall forthwith convene a meeting of the Board for the election of a fresh Chairman.
27 Remuneration of Chairman.
Ibid., sec. 20 1920, No. 38, sec. 6
(1.)
The Chairman may be paid out of the funds of the Board such annual allowance as may from time to time be fixed by the Board with the approval of the Minister; but no alteration in the amount of the allowance shall take effect during the term of office of the Chairman for the time being. The receipt of an allowance under this section shall not constitute a cause of forfeiture of office under section twenty-two hereof.
(2.)
For the purposes of this section a person re-elected Chairman shall be deemed a new Chairman.
Proceedings of Board
28 Majority of Board to determine questions before the Board.
1918, No. 5, sec. 21
(1.)
All acts of the Board, and all questions coming or arising before the Board, may be done and decided by the majority of such members of the Board as are present and vote at a meeting held in pursuance of this Act or of any by-law made thereunder.
(2.)
A meeting shall be duly constituted if a quorum is present thereat, whether voting or not.
(3.)
At a meeting of the Board a quorum is a number of members not less than one-half of the number of the whole Board when that number is even, or a majority of such number if odd.
(4.)
The Chairman shall have a deliberative vote, and in any case in which the votes are equal shall have a casting-vote also.
29 Questions decided by open voting.
Ibid., sec. 22
Every question coming before the Board shall be decided by open voting.
30 Chairman to preside at meetings.
Ibid., sec. 23
(1.)
The Chairman shall preside at every meeting of the Board at which he is present.
(2.)
If the Chairman is absent from any meeting of the Board, then such member as the members of the Board then present choose shall be chairman of that meeting.
31 Disqualification of members of Board from voting in certain cases.
Ibid., sec. 24
(1.)
A member of the Board shall not vote on or take part in the discussion of any matter before the Board in which he or his partner in any business, calling, or undertaking has, directly or indirectly, any pecuniary interest otherwise than as the occupier or owner of rateable property, or as a member of an incorporated company in which there are not less than twenty members and of which he is neither a director nor the general manager.
(2.)
A member who knowingly offends against this section is liable on summary conviction to a fine of fifty pounds.
(3.)
It shall be the duty of the Audit Office to institute proceedings under this section, but nothing herein shall be so construed as to prevent such proceedings from being taken by any other person.
32 Minister to make provision for first meeting of Board.
1920, No. 38, sec. 4
The first meeting of the Board after the constitution of an electric-power district shall be held at such time and place as the Minister by notice in the Gazette appoints.
33 Annual and ordinary meetings of Board.
1918, No. 5, sec. 25 1920, No. 38, sec. 5 1922, No. 26, sec. 19
(1.)
The Board shall hold an annual meeting in the month of May in each year at the office of the Board.
(2.)
The Board shall hold such ordinary meetings at such stated times and at such place as it from time to time appoints.
(3.)
The Chairman or the Clerk shall give notice in writing to each of the members of the time and place appointed from time to time for holding ordinary meetings, and the members shall attend such meetings without further notice of each meeting.
34 Special meetings.
1918, No. 5, sec. 26
(1.)
The Board may hold special meetings, and the Chairman or any three or more of the members may call a special meeting.
(2.)
No special meeting shall be held unless at least seven days’ notice in writing thereof and of the business to be transacted thereat has been given to members, and no business shall be transacted at a special meeting unless notice thereof has been so given.
35 Adjournment of meetings. Ibid., sec. 27
Any meeting of the Board may be adjourned to another day not later than seven days thereafter, and notice of such adjourned meeting shall be given to each member.
36 Postponement of meetings.
Ibid., sec. 28
If a quorum is not present within half an hour of the time appointed for any meeting the Chairman, or members, or member (if there is only one) present, or the Clerk, if no member is present, shall postpone such meeting either to a later hour on the same day or to the next day at the usual hour of meeting. No notice of any such postponement need be given. A postponed meeting may be adjourned, but not postponed.
37 Meetings of Board to be open to public unless Board otherwise determines.
Ibid., sec. 29
(1.)
Meetings of the Board shall be open to the public, but the Board for sufficient cause, of which it shall be the sole judge, may exclude strangers altogether from any meeting.
(2.)
The Chairman at any meeting may order any constable or officer of the Board to exclude or remove any stranger from the meeting on account of noisy or disorderly conduct, or intoxication.
38 Notice to be given of extraordinary business.
Ibid., sec. 30
(1.)
No extraordinary business shall be transacted at any ordinary meeting of a Board unless due notice of such business has been given at a prior meeting, or forwarded to the Chairman or Clerk ten days at least before the meeting at which it is to be brought forward, and at least seven days’ notice in writing of such business has been sent to each member.
(2.)
Subject to the by-laws of the Board, the Chairman of the meeting shall determine what business shall be deemed to be extraordinary within the meaning of this section.
39 Revocation or alteration of resolutions of Board.
Ibid, sec. 31
(1.)
Any resolution of a meeting of the Board may (save as to anything theretofore lawfully done thereunder) be revoked or altered at the same meeting by the unanimous vote of the members present when it was passed, or by a resolution passed at a subsequent meeting of the Board.
(2.)
Notice of such subsequent meeting and of the proposal to revoke or alter such resolution shall be given to each member seven days at least before such subsequent meeting.
40 Proceedings of Board not invalidated for failure to give due notice.
1918, No. 5, sec. 32
No act or proceeding of a Board shall be invalidated in consequence of any failure to give to any member of the Board due notice of any meeting or of the business to be transacted thereat.
41 Board may appoint standing or special committees.
1922, No. 26, sec. 21
(1.)
The Board may from time to time appoint standing or special committees, and may relegate to such committees 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 or any other Act conferred or imposed upon the Board, except the powers to borrow money, to make a rate, to make a by-law, to execute a deed or contract, or to institute an action.
(2.)
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.
(3.)
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.
(4.)
The Board appointing any committee may appoint a member of such committee to be the permanent Chairman thereof; and if no such appointment is made the committee may make the appointment. The Board may from time to time remove such Chairman, and appoint another in his stead.
(5.)
The Board may from time to time discharge, alter, continue, or reconstitute any committee.
42 Minutes of proceedings to be kept.
1918, No. 5, sec. 33
(1.)
The Clerk shall keep the minutes of the proceedings of the Board in a book, in which he shall enter, subject to the direction of the Board, the names of the members attending each meeting, and the names of the members voting on each question on which there is a division, and every resolution, order, or other proceeding of the Board, and any other matter directed by the Board to be entered upon the minutes.
(2.)
The minutes of the proceedings of every meeting shall be read at the next ordinary meeting succeeding, and, if approved by the Board or when amended as directed by the Board, shall be signed by the Chairman of such succeeding meeting.
(3.)
The minutes of proceedings of any meeting of the Board kept as above provided, or an extract thereof certified as correct by the Chairman or Clerk, shall, unless the contrary is proved, be received as evidence of such proceedings and of the due convening and holding of the meeting; and the validity of all such proceedings shall be presumed unless the contrary is proved.
(4.)
The minute-book of the Board shall be kept in the office of the Board, and shall be open for inspection, without fee, during all office hours, by any member of the Board or by any creditor or elector of the district.
43 Remuneration of Board.
Ibid., sec. 34 1920, No. 38, sec.7(2)
The Board may, out of its funds, pay to members such reasonable remuneration for their services as may be prescribed. The receipt of any payment under this section shall not constitute a cause of forfeiture of office under section twenty-two hereof.
44 Travelling-expenses of Chairman and members.
1920, No. 38, sec. 7
There may be paid to the Chairman and to the members of the Board, out of the funds of the Board, all amounts actually and reasonably expended by them in attending meetings of the Board, or of any committee thereof, or in transacting any business of the Board pursuant to a resolution of the Board:
Provided that no moneys shall be payable under this section in respect of travelling-expenses incurred out of New Zealand, save with the approval of the Minister.
Special Orders
45 Special orders, how made.
1918, No. 5, sec. 35 1920, No. 38. sec. 8
(1.)
The power given by this or any other Act to a Board to do anything by special order shall be exercised only as follows:—
(a.)
Notice of the intention to move the resolution to do such thing shall be given as for extraordinary business, and the resolution shall be passed at the meeting for which the notice was given.
(b.)
The resolution shall be confirmed at a subsequent meeting held not sooner than the twenty-eighth day and not later than the fifty-sixth day after the first meeting.
(c.)
Public notice of the time and place fixed for the subsequent meeting, and of the resolution, shall be given once in each of the four weeks immediately preceding the day on which the subsequent meeting is to be held.
(d.)
In publicly notifying the resolution it shall be sufficient to set forth the object, purport, or general effect thereof if a copy of the resolution is deposited at the public office of the Board and at the office of the local authority of each constituent district, and is open to the inspection of the public for at least twenty-one days immediately preceding the day appointed for the holding of the subsequent meeting.
(2.)
A special order may (save as to anything theretofore lawfully done thereunder) be revoked or altered by a subsequent special order.
(3.)
A document purporting to be a copy of any special order, sealed with the common seal of the Board, shall be received as evidence for all purposes of the special order, of which such document purports to be a copy, having been duly made in accordance with this Act unless the contrary is proved.
(4.)
A special order shall not be quashed by any proceedings in any Court or otherwise unless such proceedings are commenced within six months from the making of the special order.
Regulation of Procedure
46 Board may regulate proceedings and conduct of business.
1918, No. 5, sec. 36
A Board may, subject to the provisions of this Act, make by-laws or pass resolutions—
(a.)
Regulating the proceedings of the Board and the conduct of meetings thereof respectively:
(b.)
Regulating the adjournment of meetings of the Board:
(c.)
Directing notices of meetings to be given, and prescribing the form, and mode, and time of service thereof:
(d.)
Regulating debates:
(e.)
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 by-law or resolution made or passed under this paragraph shall affect any person, acting in good faith, taking or to take any estate, interest, or advantage under any document having or about to have the common seal affixed thereto:
(f.)
Prescribing the duties of officers and servants:
(g.)
Prescribing forms of, and in connection with, any proceedings of the Board:
(g.)
Concerning anything incidental to any of the matters hereinbefore referred to.
Public Office
47 Offices of Board.
1918, No. 5, sec. 37
A Board may from time to time provide public offices within 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 purpose, 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 or improved.
Officers
48 Appointment of officers of Board.
Ibid., sec. 38
(1.)
A Board may by resolution from time to time appoint fit persons to be Clerk, Treasurer, Engineer, Surveyor, Manager, and all such other officers and servants as it thinks necessary to assist in the execution of this Act; and may pay such person such salaries and allowances out of the funds of the Board as it thinks fit.
(2.)
No member of the Board shall be capable of holding any such office, unless without remuneration.
(3.)
One person may hold two or more of such offices.
49 Acting-officers.
Ibid., sec. 39
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 such officer may be performed and exercised by an acting-officer appointed by resolution of the Board; and any such appointment may be either general or for some occasion only.
Polls of Ratepayers
50 Roll of ratepayers of electric-power district for polls.
1920, No. 38, sec. 9 1923, No. 37, sec. 8
(1.)
For the purposes of any poll of ratepayers to be taken by an Electric-power Board the rolls of the ratepayers of the several constituent districts taken together, or so much of those rolls as relates to lands within the electric-power district, or any defined portion of that district, as the case may require, shall be deemed to be the roll of the ratepayers of the electric-power district, or of such defined portion as aforesaid.
(2.)
It shall be the duty of the Clerk of the local authority of each constituent district, whenever requested so to do by the Electric-power Board, to supply to the Board a certified roll of the ratepayers of such constituent district, or of any defined portion thereof, together with as many copies thereof as the Board may require.
(3.)
The cost of preparing any roll of ratepayers of a constituent district or defined portion thereof for the purposes of this section and of supplying copies thereof shall be paid by the Board.
51 Voting on proposal to borrow money.
1920, No. 38, sec. 10
(1.)
At any poll taken on a proposal of an Electric-power Board to borrow money, only those persons whose names appear on the roll of ratepayers shall be entitled to vote, and every such ratepayer shall have one vote only.
(2.)
If the total number of valid votes recorded in favour of any such proposal is at least three-fifths of the total number of valid votes recorded at the poll, then, and not otherwise, the proposal shall be deemed to be carried.
(3.)
At any such poll the vote of any ratepayer may be recorded at any polling-place within the constituent district in which is situated the rateable property in respect of which he is a ratepayer, or at any polling-place, within the electric-power district but not within that constituent district, which may be specially appointed as a polling-place at which may be recorded the votes of ratepayers irrespective of the location of the rateable property in respect of which they are entitled to vote.
52 Deputy Returning Officers for purposes of poll taken by Board.
Ibid., sec. 11
For the purposes of any poll taken by an Electric-power Board the Returning Officer appointed by the local authority of each constituent district shall for such constituent district be a Deputy Returning Officer of the electric-power district.
Finance
53 Borrowing-powers of Board.
1918, No. 5, sec. 40 1922, No. 26, sec. 13
(1.)
The Board may from time to time borrow such sums as are necessary for the undertaking authorized pursuant to this Act.
(2.)
Such sums shall be borrowed in the manner prescribed by the Local Bodies’ Loans Act, 1913, all the provisions of which Act shall accordingly extend and apply as if the Board were a local authority and the electric-power district a district within the meaning of that Act:
Provided that the rate of interest payable in respect of any such loan shall not exceed five and a half per centum per annum, unless in any case the Minister of Finance has by writing under his hand agreed to some higher rate, in which case the rate of interest payable as aforesaid shall not exceed such higher rate.
54 Board may borrow money for defined portion of district.
1923, No. 37, sec. 7
(1.)
The application by the last preceding section of the pro visions of the Local Bodies’ Loans Act, 1913, shall be deemed to authorize, and at all times since the commencement of the Electric-power Boards Act, 1918, to have authorized, any Board to raise a loan for an authorized purpose for the benefit of a defined part or of defined parts of a district (whether called by a distinctive name or not), and in any such case every constituent district within the defined part or parts shall, without limiting the meaning of the expression “legal subdivision”
as used in section three of the Local Bodies’ Loans Act, 1913, be deemed to be a legal subdivision.
(2.)
Notwithstanding anything to the contrary in the Local Bodies’ Loans Act, 1913, a loan may be raised by a Board for the benefit of defined parts of an electric-power district although such parts may not together form one continuous area.
55 Estimated expenditure and income of Board.
1918, No. 5, sec. 41
(1.)
The Board shall during the month of April in every year, or as soon thereafter as may be, make an estimate—
(a.)
Of the amount of its expenditure during the financial year; and
(b.)
Of the amount of its income during the same year.
(2.)
In this section the term “expenditure”
includes any deficiency in the revenues of the Board during the preceding or any former financial year, but does not include capital expenditure; and the term “income”
includes moneys in the hands of the Board at the commencement of the financial year, but does not include capital moneys borrowed under the authority of section fifty-three hereof.
56 Board may make and levy rate for excess of expenditure over income.
1918, No. 5, sec. 42 1921–22, No. 71, sec. 2 1923, No. 37, sec. 6
(1.)
In any year in which the amount of the estimated expenditure exceeds the amount of the estimated income the amount of the excess may be raised either wholly or in part by a uniform rate, which may be levied either on the improved or unimproved value of all rateable property within the district.
(2.)
If part only of such excess is raised as aforesaid, the balance may be raised by a separate rate or by separate rates on all rateable property within such portion or within such several portions of the district as may be defined for the purpose by special order.
57 Board to make and levy rates by resolution.
1920, No. 38, sec. 12(1)
The Board may make and levy rates under this Act by resolution.
58 Board may collect rates made by it.
1919, No. 46, sec. 3(1)
Any rate made and levied by the Board may be collected by that Board, and may be recovered by it by action in its own name, and the provisions of the Rating Act, 1925, as to the collection and recovery of rates shall apply accordingly.
59 Board to determine mode of collection of rates. 1920, No. 38, sec. 13
(1.)
Before making and levying any rate under this Act the Board shall by resolution determine whether the rate when made and levied shall be collected by the Board or by the local authorities of the constituent districts on behalf of the Board.
(2.)
Any resolution under this section may be in like manner rescinded at any time before the collection of the rate.
60 Procedure when rate to be collected by Board.
Ibid., sec. 14
(1.)
If the Board determines that any rate shall be collected by the Board itself it shall cause a valuation roll and a rate-book to be provided, and, subject to the provisions of this Act, the provisions of the Rating Act, 1925, and the Valuation of Land Act, 1925, shall apply accordingly.
(2.)
For the purposes of this section the several valuation rolls and rate-books in force in the several constituent districts, taken together, or so much of those rolls and rate-books as relates to lands within the electric-power district, may be deemed to be the valuation roll and rate-book respectively of the electric-power district.
(3.)
It shall be the duty of the Clerk of the local authority of each constituent district, whenever requested so to do by the Electric-power Board, to supply to the Board, a certified copy of the valuation roll and rate-book of the constituent district so far as it relates to lands within the electric-power district.
(4.)
The cost of preparing such certified copy of the valuation roll and rate-book shall be paid by the Board.
61 Rates may be collected by local authorities on behalf of Board.
1918, No. 5, sec. 43 1919, No. 46, sec. 3(2) 1920, No 38, sec. 12(2), (3)
(1.)
If the Board determines that any rate shall be collected by the local authorities of the constituent districts on behalf of the Board it may cause a copy of the resolution making and levying such rate to be forwarded by registered letter to the local authority of every constituent district within which such rate has been made and levied.
(2.)
Every such local authority shall forthwith proceed to collect such rate in such manner as nearly as may be, and with such powers, and the rate shall be payable by and recoverable from such persons and in such manner, in every respect as if such rate had been validly made and levied by such local authority.
(3.)
All such rates shall be held by every such local authority as trustee for the Board, and shall be handed over to such Board as collected:
Provided that the local authority may deduct from the proceeds of any such rate an amount, not exceeding five per centum thereof, in respect of the cost of collecting the rate and as remuneration for the services of its officers, and the amount so deducted shall be paid into the general fund of the local authority.
62 Amount of rates not collected may be recovered from local authority.
1920, No. 38, sec. 15
If the local authority of any constituent district, or any officer or servant of such local authority, fails to take the steps required by law to be taken for the collection or recovery of any rate pursuant to the last preceding section, the amount of such rate or of any part thereof uncollected or unrecovered owing to such failure shall be deemed to be a debt owing by the local authority to the Board, and may be recovered by action by the Board from that local authority accordingly.
63 Valuer-General to supply Board with particulars as to valuations, &c.
Ibid., sec. 16
The Valuer-General shall, at the request of the Board, and on payment of such fees as the Governor-General in Council may from time to time prescribe, supply to the Board a statement showing the total value of all the rateable property within each constituent district and such other particulars as the Board may require for the purpose of making and levying any rate under this Act.
64 Power to make separate rates within defined portion of an electric-power district.
1923, No. 37, sec. 4
(1.)
The Board may from time to time and at any time during any financial year, in addition to any rate made or levied under this Act, make and levy separate rates within any defined portion or defined portions of the district:
Provided that no such defined portion shall include a constituent district, or any part of a constituent district, of which the local authority is the holder of a license issued under section two of the Public Works Amendment Act, 1911, except with the consent of the licensee.
(2.)
The proceeds of any such rate or rates shall be deemed to be part of the income of the Board.
(3.)
No rate made and levied under this section in any year shall, in respect of any one property, exceed thirty pounds or be less than ten shillings.
(4.)
For the purposes of this section the expression “one property”
means a continuous area of land occupied and used as one holding. An area of land shall be deemed to be continuous notwithstanding that it may be severed by a public road, or by a railway or river, if it is in fact occupied and used as one property.
(5.)
Where one property is situated within different constituent districts the rateable value of such property shall be the total rateable values of the separate parts thereof as appearing in the district valuation rolls of such constituent districts.
(6.)
Unless a supply of electricity is available at the boundary of the property or at a point within ten chains of such boundary, either from the Board’s mains or from the mains of a licensee supplied by the Board, the Board shall not be entitled under this section to collect any rate in respect of that property; and every person liable to pay a rate under this section shall be entitled to receive, free of charge, for use on the property in respect of which the rate is levied, a supply of electrical energy equivalent in value to the total amount of such rate, at the scale of charges from time to time fixed by the Board or the licensee, as the case may be.
(7.)
In the event of electricity having been made available for any property at any time during the currency of the year for which a rate under this section is made, such property shall be liable only for a part of that rate proportionate to the unexpired portion of the year.
65 Board may levy uniform rate to cover preliminary expenses.
1918, No. 5, sec. 44(2), (3)
(1.)
The Board may, for the purpose of providing for the cost of survey and other preliminary works and the expenses of administration, before borrowing moneys by special loan pursuant to section fifty-three hereof, and notwithstanding that an Order in Council authorizing the construction of the electric works may not have been granted, make and levy a uniform rate over the whole electric-power district.
(2.)
The Board may pledge such rate as security for moneys borrowed from its bankers.
66 Local authorities may contribute towards preliminary costs.
1920, No. 38, sec. 18 1922, No. 26, sec. 20
(1.)
Any local authority may, out of its general fund, contribute, by way of advance, such sum as it thinks fit, not exceeding in any case the sum of two hundred and fifty pounds, towards the expenses incidental to the constitution of an electric-power district and the election of the Electric-power Board, and towards any expenses that may be incurred by the Board before the end of the financial year in which it is constituted.
(2.)
All moneys advanced by a local authority under this section shall be repayable by the Board on demand, and shall be recoverable by the local authority as a debt due to it by the Board.
67 Expenses of first election may be paid out of loan-money.
Ibid., sec. 11
The expenses of the first election of any Board (whether such election is by the electors of the several constituent districts or by the ratepayers of the whole district) may be paid by the Board as if they were expenses in connection with and preliminary to the constitution of the district.
68 Incidental expenses payable out of loan-moneys.
Ibid., sec. 18
(1.)
The Board may, out of loan-moneys, pay any expenses incurred by ratepayers within the district prior to the election of the Board, and whether before or after the constitution of the district, or incurred by the Board at any time before the Board commences the supply of electrical energy, or within three years after the first election of the Board, whichever period is the less—
(a.)
In making surveys; or
(b.)
In obtaining office requisites; or
(c.)
In advertising the scheme for which the loan was raised, or otherwise in connection with such scheme; or
(d.)
In connection with and preliminary to the constitution of the district:
Provided that no such expenses shall be so paid unless the Audit Office certifies that the expenses are reasonable and have been incurred in good faith for any of the purposes aforesaid.
(2.)
In addition to the payments authorized by the last preceding subsection the Board may pay out of loan-moneys—
(a.)
Any moneys borrowed by way of bank overdraft pursuant to any lawful authority within the period referred to in the last preceding subsection:
(b.)
Any moneys advanced to the Board by any local authority pursuant to section sixty-six hereof:
(c.)
The interest, or interest and sinking fund, of the loan for the first year, or, with the consent of the Minister, for any longer period, not exceeding in any case the period of construction of any works for which the loan was raised, or a period of three years, whichever is the less.
(3.)
Nothing in the Local Bodies’ Loans Act, 1913, or in any other Act, shall be construed to restrict the power of the Board to pay interest, or interest and sinking fund, out of loan-moneys in accordance with the foregoing provisions of this section.
69 Unauthorized expenditure of Boards.
1923, No. 37, sec. 2
Any Board may in every financial year, out of the Power Fund Account, expend for purposes not authorized by any Act or law for the time being in force any sum or sums not amounting in the whole to more than one per centum of the gross receipts of the Board for that year, exclusive of loan-moneys:
Provided that if one per centum of the gross receipts as aforesaid does not in any year amount to fifty pounds in the case of a district having a population not exceeding five thousand, or to one hundred pounds in the case of a district having a population exceeding five thousand and not exceeding ten thousand, or to two hundred and fifty pounds in the case of a district having a population exceeding ten thousand, the Board may in that year expend for the purposes aforesaid the sum of fifty pounds, or one hundred pounds, or two hundred and fifty pounds, as the case may be.
70 Extending powers of Board to borrow by way of bank overdraft to cover initial losses.
Ibid., sec. 3
(1.)
Notwithstanding anything to the contrary in the Local Bodies’ Finance Act, 1921–22, or in any other Act, it shall be lawful for any Board, with the consent of the Minister, to borrow moneys from its bankers by way of overdraft, or from any other person or persons, but so that the amount owing under this section from time to time (exclusive of moneys borrowed under section fifty-three hereof) shall not exceed—
(a.)
At the end of the first complete financial year after the Board has commenced the supply of electrical energy, three per centum of the aggregate amount of capital expenditure of the Board as at the end of that year:
(b.)
At the end of the second such year, five per centum of its aggregate capital expenditure as at the end of that year:
(c.)
At the end of the third such year, seven per centum of its aggregate capital expenditure as at the end of that year:
(d.)
At the end of the fourth such year, seven per centum of its aggregate capital expenditure as at the end of that year:
(e.)
At the end of the fifth such year, six per centum of its aggregate capital expenditure as at the end of that year:
(f.)
At the end of the sixth such year, four per centum of its aggregate capital expenditure as at the end of that year:
(g.)
At the end of the seventh such year, two per centum of its aggregate capital expenditure as at the end of that year.
(2.)
In the eighth such year after the Board has commenced the supply of electrical energy as aforesaid, and in every year thereafter, the powers of the Board to borrow by way of bank overdraft, or otherwise than under section fifty-three hereof, shall be limited to the powers conferred by section three of the Local Bodies’ Finance Act, 1921–22.
71 Further powers of Boards to borrow by way of bank overdraft.
1924, No. 64, sec. 60
Notwithstanding anything to the contrary in this Act or in the Local Bodies’ Finance Act, 1921–22, it shall be lawful for any Board, in any financial year prior to the year in which the Board commences the supply of electrical energy, to borrow such amount from its bankers by way of overdraft, or from any other person or persons, and owe at the end of any such financial year such amount as may be approved by the Minister.
72 Board may establish special funds.
1918, No. 5, sec. 45
(1.)
The Board may appropriate in any year any moneys standing to the credit of the Power Fund Account, and not appropriated for any special purpose, towards the creation of a special fund to provide for the following contingencies:—
(a.)
Destruction of or injury to any of the property of the Board: (b.) Depreciation in the value of any of the property of the Board: (c.) Claims which may be made upon the Board by employees or any other persons:
(d.)
The strengthening of any sinking fund of any loan, or the depreciation of any of the investments thereof:
(e.)
Any other exceptional losses or expenditure.
(2.)
The Board may invest all moneys so appropriated, and the interest and profits accruing therefrom, in such securities as it from time to time determines.
(3.)
The Board may at any time, and from time to time, repay into the Power Fund Account the whole or any part of the moneys so appropriated or invested and the accumulations thereof, except in the case of moneys set apart for the contingencies mentioned in paragraph (b) of subsection one hereof.
73 Power Fund Account to be kept with bank.
Ibid., sec. 46
(1.)
All moneys belonging to the Board shall be paid into such bank as the Board from time to time appoints, to an account to be called the Power Fund Account.
(2.)
No money shall be drawn out of the bank except pursuant to a resolution of the Board; and all moneys shall be paid by the Board in cash, or by cheque signed by any two of such of the members as the Board from time to time authorizes to sign cheques and countersigned by the Treasurer.
74 Board to keep proper accounts.
Ibid., sec. 47
(1.)
The Board shall cause books to be provided and kept, and true and regular accounts to be entered therein, in the form prescribed by regulations, of all sums received and paid by the Board, and of the several purposes for which such sums were received and paid.
(2.)
Such books shall at all reasonable times be open for the inspection of any member of the Board and any debenture-holder or creditor of the Board.
75 Balance-sheet to be prepared and accounts to be audited.
Ibid., sec. 48 1922, No. 26, sec. 14
(1.)
The Board shall, not later than the month of May in every financial year, cause its accounts for the preceding financial year to be balanced, and a true statement and account to be prepared, in the form prescribed by regulations.
(2.)
All such accounts shall be audited by the Audit Office, which for that purpose shall have and may exercise all such powers as it has under the Public Revenues Act, 1910, in respect of public moneys.
(3.)
If the Board or any member or officer of the Board wilfully makes default in complying with the requirements of this section, or of any regulations for the time being in force thereunder, the Chairman of the Board and every member or officer of the Board whose duty it was to comply with any such requirements shall, so long as such default continues, be guilty of a continuing offence, and shall, on summary conviction for any such offence, be jointly and severally liable to a fine of fifty pounds.
Construction or Purchase of Electric Works
76 Board not to purchase or construct electric works without authority of Governor-General in Council.
1918, No. 5, sec. 49 1920, No. 38, sec. 17(1), (2)
(1.)
It shall not be lawful for any Board constituted under this Act to purchase or commence the construction of electric works, or to enter into any contract, matter, or thing authorized by this Act to be done in or about the purchase or construction of electric works, except with the authority of the Governor-General by Order in Council, and pursuant to such conditions as may be prescribed in that behalf by the Governor-General in Council.
(2.)
For the purposes of this section the Governor-General may authorize the purchase by the Board of any electric works the property of the local authority of any constituent district, and thereupon that local authority shall have power to sell any such electric works to the Board, subject to such conditions, if any, as may be imposed by the Governor-General in Council, anything to the contrary in its local governing Act or in any other Act notwithstanding.
77 Board may take preliminary steps before obtaining authorizing Order in Council.
1918, No. 5, sec. 52
Notwithstanding anything in the last preceding section, the Board before obtaining the Order referred to in that section may take all necessary preliminary steps for the future construction and purchase of electric works.
78 On issue of authorizing Order Board may purchase or construct electric works.
Ibid., sec. 53
(1.)
On the issue of an Order in Council as aforesaid authorizing the construction or purchase of electric works the Board shall have power to purchase, construct, and maintain the electric works; and may enter into contracts with any person for the purchase, construction, or maintenance of the electric works, or for any other purpose authorized by this Act or by any Order in Council made thereunder, or for furnishing materials, or for any other things necessary for the purposes of this Act.
(2.)
The Board may enter into any such contract with the Minister of Public Works, and the Minister of Public Works is hereby authorized to make any such contract with the Board, for the construction or maintenance of electric works by the Department of Public Works at the cost and charges of the Board, or for any such purpose or matter as is referred to in subsection one hereof.
79 Works constructed to be subject to Part XII of Public Works Act, 1908, and amendments.
Ibid., sec. 54 1920, No.38, sec. 22(1)
The generating-works and other undertakings constructed under this Act shall be subject to the provisions of Part XII of the Public Works Act, 1908; section five of the Public Works Amendment Act, 1908; and the Public Works Amendment Act, 1911.
80 Authority to make surveys, &c., within the electric-power district or outer area.
1918, No. 5, sec. 55 1920, No. 38, sec. 17(4)
(1.)
Any surveyor, or engineer, or other officer appointed by the Board may from time to time enter upon any land within the electric-power district or outer area (whether before or after the issue of an Order in Council under section seventy-six hereof), with such assistants as he thinks fit, for the purpose of making any survey or inspection for the proposed works and undertakings of the Board; and may fix or set up thereon survey pegs, marks, or poles, and dig or bore into such lands so as to ascertain the nature of the soil, and set out the lines of any works thereon.
(2.)
In all cases notice shall be given to the owner or occupier of the land to be entered upon before such entry is made: and the surveyor, engineer, or other officer shall, when required to do so, produce to the owner or occupier of any land the written authority of the Clerk or Chairman of the Board to make the survey.
(3.)
In case any damage is done by the surveyor, engineer, or other officer in exercise of the powers hereby conferred upon him the Board shall be liable to make good the same; and the amount payable in respect thereof shall be ascertained in the mode hereinafter provided as to the assessment of compensation for land taken or affected by the electric works.
81 Board, may hold and occupy land, and exercise other incidental powers.
1918, No. 5, sec. 56 1920, No. 38, sec. 17(5)
(1.)
Subject to the provisions of this Act, the Board may exercise all or any of the powers hereby conferred by this Act for the purchase or construction of the electric works, and may enter upon or cause to be entered upon all lands which it is authorized to use or acquire under this Act for the purpose of making such surveys as may be necessary, and, subject as aforesaid, may take and hold all the lands required for the electric works, and may from time to time temporarily occupy and use such lands as may be necessary on either side of the electric works during the construction thereof, or for the purposes of the maintenance thereof.
(2.)
The Board shall be a local authority for all the purposes of the Public Works Act, 1908; and the electric works constructed, purchased, or taken over, and all works which the Board is authorized by this Act to undertake, shall be deemed to be public works within the meaning of that Act.
82 General powers of Board with respect to authorized works.
1918, No. 5, sec. 57 1922, No. 26, sec. 16
Subject to the restrictions hereinafter specified, the Board may do the following things in respect of any electric works authorized to be constructed or acquired under this Act:—
(a.)
May erect generating-works, transmission-lines, transformer-stations, and all other works authorized by this Act on, over, or under any land necessary for the construction thereof, and for this purpose may construct works of every description and of every material necessary to the working thereof;
(b.)
May do all things necessary to secure the rights of and to utilize the water intended or required to be used for the generation of electric power;
(c.)
May purchase, either for cash or on such terms as it may deem fit, or lease on such terms as may be expedient, such coal-or other fuel-bearing lands as may be necessary for the proper working of the undertaking; and may do all things necessary by mining, quarrying, or otherwise to raise any fuel required for generating the electric power;
(d.)
May purchase electric energy in bulk from the Minister of Public Works, or from any local authority, company, or person authorized to sell the same;
(e.)
May erect transformer-stations in such places as may be found necessary for the distribution of the electric energy generated or purchased by the Board;
(f.)
May erect a transmission-line or transmission-lines along, on, over, or under any road or tramway or public reserve, and may alter the level of any road or tramway for such purpose;
(g.)
May erect a transmission-line or transmission-lines across any river or stream, but so as not to impede the navigation on any navigable river, except as may be provided by a special Act;
(h.)
May alter the course or level of any river not navigable, or of any stream, watercourse, ditch, or drain;
(i.)
May make and maintain drains or conduits on or under any land adjacent to, and for the purpose of carrying water from off, the works and undertakings of the Board;
(j.)
May remove or alter any drain or sewer, or any pipes or other material for the supply of water or gas belonging to any body or person within or beyond the limits of the operation of the Board;
(k.)
May erect works and install all needful machinery and plant for the utilization and proper treatment of the by-products of coal or other fuel used in the generation of electric power; and may employ chemists or other specialists, either permanently or temporarily, for research and advice thereon;
(l.)
May sell or otherwise dispose of tar, gas, coke, or other by-products of coal or other fuel, if any, used in the generation of electric power;
(m.)
May provide all such buildings, engines, stations, machinery, piers, wharves, roads, bridges, approaches, and other works in connection with the undertaking of the Board as may be thought necessary;
(n.)
May enter into contracts with local authorities, public and private companies, and others for the supply to them of electric power in bulk; and such local authorities, public and private companies, and others may distribute such power to consumers either as agents of the Board or on their own behalf on such terms and conditions as may be agreed upon;
(o.)
May sell electric energy to any local authority or to consumers generally within the district, in bulk or otherwise, and on such terms and conditions as it deems fit;
(p.)
May make such arrangements as it may deem expedient to consumers, either individually or collectively, whose point of consumption is within the outer area, for the erection and maintenance of a transmission-line or transmission-lines, and supply of electric power;
(q.)
May construct all roads, bridges, tramways, or other means of access and transit necessary for the construction and maintenance of the electric works; and
(r.)
Generally may do all acts necessary for constructing, maintaining, altering, repairing, and using the works and all the other undertakings of the Board.
83 Board may sell water and plant trees for supply of timber.
1921, No. 71, sec. 3 1923, No. 37, sec. 10
In addition to the powers conferred on it by the last preceding section any Board may—
(a.)
Sell water for irrigation purposes at such prices as may be approved by the Minister:
(b.)
Undertake the planting of trees for the purpose of providing a supply of timber for the requirements of the Board
84 Powers of Board with respect to private lands.
1922, No. 26, sec. 17
In further addition to the powers conferred by section eighty-two hereof the Board may construct tunnels under any private land, or aqueducts or flumes over the same, and may erect poles thereon, and carry wires over or along any such land without being bound to acquire the same, with right of way by the best available route to and along all such works and erections for the Board’s servants, workmen, and agents, from time to time and at all times, with or without any suitable or available means of conveyance, and with all such tools, machinery, articles, and materials as may be necessary for the construction of such works or for the maintenance or repairing of the same or for the doing of anything hereby authorized; and may also deposit and store from time to time upon any lands adjoining such works all such machinery and material of any kind as may be used in the construction or repairing of such works:
Provided that nothing in this section shall abrogate the right of the owner or occupier to have all the rights to compensation given by section ninety-four hereof.
85 Board may supply electric power to consumers within area of supply of certain licensees.
1918, No. 5, sec. 58 1921, No. 71, sec. 4
Nothing in this Act shall prevent the Board from erecting transmission-lines, transformer-stations, and other works for the distribution and supply of electric power, or from supplying such power to consumers within the area of supply of any licensee under section two of the Public Works Amendment Act, 1911.
86 Alteration of roads, &c., by Board not to occasion undue inconvenience.
1918, No. 5, sec. 59
(1.)
Where it is found necessary for the construction of electric works to alter any road, tramway, watercourse, sewer, or drain, or any other public work, or any water-pipe or gas-pipe for the supply of water or gas belonging to a private person or a company, such alterations shall be made in such a manner as to interfere as little as possible with the works so altered, and so as to afford to the public and to every person entitled to use the same an equal use and convenience as before such alteration.
(2.)
Before commencing any such alteration the Board shall cause a plan thereof to be prepared and to be submitted to the local authority under whose control the work proposed to be altered is, or to the owner of such sewer, drain, water-pipe, or gas-pipe, or other work, as the case may be; and if such local authority or owner objects to the proposed alteration the Board shall appoint a competent engineer to confer with such local authority or owner and to agree with it or him as to the manner in which such alteration shall be made.
(3.)
If no agreement can be come to between the parties the matter shall be referred to two Justices, who shall make such order therein as they think fit, and the alteration shall be made in accordance with such order.
87 Temporary occupation and use of land for certain purposes.
Ibid., sec. 60
Except as and subject to the conditions hereinafter provided, the Board may temporarily occupy and use any lands for the purpose of constructing or repairing the electric works, and may do the following things thereon:—
(a.)
May take therefrom stone, gravel, earth, and other materials:
(b.)
May deposit thereon any such material:
(c.)
May form and use temporary roads thereon:
(d.)
May manufacture bricks or other materials thereon:
(e.)
May erect workshops, sheds, and other buildings of a temporary nature thereon.
88 Notice in writing to be given to occupier of intention to occupy lands.
1918, No. 5, sec. 61
(1.)
The engineer or other person having charge of the electric works shall, before occupying or using any land as herein provided, and except in the case of accident to the electric works requiring immediate repair, give to the owner or occupier thereof not less than twenty-one days’ notice in writing, and shall state in such notice the use proposed to be made of such land.
(2.)
The said owner or occupier may within ten days after receiving such notice, and after giving notice to the said engineer or other person of his intention so to do, apply to any Justice, who may thereupon summon such engineer or other person to appear before two Justices at a time and place to be named in the summons.
(3.)
If it appears to the Justices that the use proposed to be made of the said land is unreasonable and unnecessary, or that other neighbouring lands are more fitting to be used for the purpose proposed, the Justices may, by writing under their hands, order that the land in question shall not be occupied or used in the manner proposed.
(4.)
If it appears to the Justices that the use proposed to be made of the said land is reasonable and necessary they may in like manner order that the said land may be occupied and used, or material taken therefrom, in such manner and to such extent only and subject to such limitations and restrictions as they think fit; and all persons concerned shall be bound by any such order.
89 Owner of land temporarily occupied may require Board to take same.
Ibid., sec. 62
The owner of any land temporarily occupied as aforesaid may at any time during such occupation, by notice in writing to the Board, require the Board to take the land.
90 Board to undertake works without undue delay after issue of authorizing Order in Council.
Ibid., sec. 65
The Board shall, as soon as may be after the issue of the Order in Council referred to in section seventy-six hereof, acquire or commence the construction of the electric works in accordance with the plans approved by the Governor-General, and shall prosecute the same to completion without delay or intermission unless hindered or prevented by some unforeseen cause.
91 Governor-General may authorize inspection of works, and may require alterations or additions thereto.
Ibid., sec. 66
During the construction of the electric works and the execution of the works connected therewith, and after the completion thereof, the Governor-General shall be at liberty to direct any engineer or other person to inspect the works, transmission-lines, and other works of the Board; and upon or after such inspection may require that such additions, alterations, or repairs shall be made by the Board as, in the opinion of the Governor-General, are necessary or desirable for the utility and safety of the undertaking and the public. All such additions, alterations, or repairs shall be made in a manner to be approved by an officer appointed for the purpose by the Minister.
92 Disposal of lands taken but not required for purposes of electric works.
Ibid., sec. 67
If it is found that any land taken under this Act is not required for the purposes of the electric works the Board may, with the consent of the Minister publicly notified and gazetted, cause the same to be sold by public auction; or, with the like consent, may cause such land to be leased for any term not exceeding twenty-one years, at such rent and upon such terms and conditions as the Board thinks fit.
93 Board may lease lands or buildings not required for other purposes.
1923, No. 37, sec. 12
Any Board may, with the consent of the Minister, and subject to such conditions as he may require, let or lease any land or buildings, or portion of any building, not required for the use of the Board.
94 Compensation under Public Works Act, 1908, for lands taken or injuriously affected.
1918, No. 5, sec. 68
Every person having any estate or interest in any land taken under the authority of this Act, 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 in the manner provided by the Public Works Act, 1908.
Power of Purchase by the Governor-General
95 Governor-General may acquire works.
Ibid., sec. 69
The Governor-General shall be entitled, at any time after the date on which the electric works provided for in the Order in Council have been completed, upon giving twelve months’ notice in writing to the Board, to purchase the electric works at a price to be determined by arbitration, the award being that of three arbitrators or any two of them, one arbitrator being appointed by the Governor-General, and another by the Board, and a third arbitrator by the two other arbitrators.
96 On payment of compensation Board to convey works, &c., to His Majesty.
Ibid., sec. 70
On payment of the compensation to be determined as provided in the last preceding section the Board shall convey, assign, and transfer to His Majesty the whole of the electric works and everything appurtenant thereto, free from all encumbrances.
97 No compensation to be payable in respect of goodwill.
Ibid., sec. 71
(1.)
No compensation whatever shall be paid for the goodwill of the electric works, but the arbitrators in determining the price to be paid to the Board shall take as a basis of the valuation the cost of other similar electric works at the time when the works forming the subject of the arbitration were constructed or acquired, as the case may be.
(2.)
The arbitrators shall also take into consideration the depreciation in the electric works, including therein any onerous or burdensome provisions respecting the use of the electric works or any easements, rights, or privileges in connection therewith.
98 Additional compensation to be paid in certain cases.
Ibid., sec. 72
(1.)
If such power of purchase is exercised by the Governor-General as aforesaid between the periods hereinafter respectively mentioned after the electric works have been completed there shall be added to the amount of compensation, to be ascertained as before provided, the percentage hereinafter mentioned, that is to say,—
Ten years and not exceeding fourteen years, five per centum:
Fourteen years and not exceeding twenty-one years, ten per centum.
(2.)
The amount of such percentage as the case may require shall be ascertained by the arbitrators, and shall be deemed to be and shall be paid as part of the compensation.
99 Compensation to be in full satisfaction of Board’s claims.
Ibid., sec. 73
(1.)
The compensation so ascertained as aforesaid shall be accepted by the Board in full satisfaction of all claims and demands in respect of the purchase of the electric works, and all the rights, powers, and privileges of the Board in respect thereof, and shall be paid out of moneys appropriated for that purpose by Parliament.
(2.)
Until Parliament has appropriated money for such purpose no agreement made by the Governor-General to purchase any electric works constructed or purchased under this Act shall be binding on him or the Government.
100 Control of works acquired by Crown.
Ibid., sec. 75
All electric works purchased by the Governor-General under the provisions of this Act shall be and become subject to all laws, by-laws, and regulations in force at the time of such purchase in respect of any similar Government undertaking.
101 Debenture-holders not required to accept payment of principal moneys in advance.
1918, No. 5, sec. 74
Nothing in this Act shall be deemed to authorize the Governor-General, on purchasing any electric works under the authority of this Act, to require any person holding a debenture to receive payment of the principal moneys secured thereby unless and until the time prescribed therein for repayment has arrived.
102 Receiver required to give notice to Governor-General of intention to sell any portion of Board’s property.
Ibid., sec. 76
No Receiver shall sell or make application to a Judge of the Supreme Court for an order to sell any portion of the Board’s property charged by any debenture unless and until he has first given notice in writing to the Governor-General of his intention to sell or to apply for such an order, and unless the Governor-General within three months next after the receipt of such notice either fails to give to such Receiver notice of his intention to purchase or gives to such Receiver notice in writing that it is his intention not to purchase.
103 Provisions to apply where Governor-General purchases works charged with moneys borrowed by Board.
Ibid., sec. 77
(1.)
If the Governor-General exercises the power of purchase conferred by this Act, and the electric works or any part thereof purchased is then charged with any moneys borrowed by the Board, and the moneys charged are less than the price determined by arbitration as aforesaid, the moneys to be paid to the Board shall be the difference between the moneys charged and the price so to be determined.
(2.)
If the moneys charged are more than the price so determined the Board shall pay to the Governor-General the difference between the price so determined and the money charged.
(3.)
If the money charged, or any part thereof, bears interest at a higher rate than five and one-half per centum per annum, the arbitrators who determine the price to be paid for the purchase shall ascertain what (if any) is a proper sum to be allowed to the Governor-General as a rebate in respect of any interest on the amount charged in excess of five and one-half per centum per annum; and the amount so ascertained (if any) shall be added to the principal money so charged, and, as between the Governor-General and the Board, shall be deemed an amount charged upon the electric works.
(4.)
If after having paid or liquidated all moneys borrowed, and other debts or charges which may have been owing against and in connection with the electric works purchased and taken over by the Governor-General, the Board has a sum of money or securities for money remaining in hand it shall hand over such remaining money or securities to the local authorities of the constituent districts in proportion to the rateable value of all rateable property within each such district.
By-laws
104 By-laws of Board.
1920, No. 38, sec. 19
Subject to the provisions of an Order in Council under section seventy-six hereof, the Board may from time to time make by-laws in respect of any electric works for the following purposes, that is to say:—
(a.)
Regulating the use and management of any electric works so as to secure the safety of persons from injury by reason of such use:
(b.)
Protecting electric works or other property belonging to the Board from damage or injury:
(c.)
The more effectually carrying out any of the objects of this Act.
105 Mode of making by-laws.
1920, No. 38, sec. 20
(1.)
By-laws under the last preceding section shall be made in the manner and subject to the conditions following, that is to say:—
(a.)
They shall be made by special order:
Provided that in publicly notifying the resolution making such order it shall not be necessary to set forth the whole of the proposed by-law if the object or purport of the same is stated, and if a copy of the proposed by-law is deposited at the office of the Board and at the office of the local authority of each constituent district and is open to the inspection of the public during office hours for at least seven days immediately preceding the meeting at which the said resolution is to be confirmed:
(b.)
They may be amended before the confirmation of the resolution making the same:
(c.)
They shall have the common seal of the Board affixed thereto: (d.) They shall come into force on a day to be fixed at the meeting held for the confirmation of the resolution, which day shall be not earlier than seven clear days after the date of that meeting.
(2.)
A copy of any such by-laws sealed with the common seal of the Board shall be received as evidence of the same having been duly made as provided by this Act unless the contrary is proved.
(3.)
The Board shall cause printed copies of all such by-laws to be kept at the office of the Board and to be sold at a reasonable charge to any person applying for the same.
106 Penalties for breach of by-laws.
Ibid., sec. 21
(1.)
Every person who commits a breach of any by-law made under section one hundred and four hereof is liable to a fine of fifty pounds; or where the breach is a continuing one, then to a further fine of five pounds for every day or part of a day during which such breach continues.
(2.)
The Board may, after conviction for the continuing breach of any by-law, apply to the Supreme Court for an injunction to restrain the further continuance of such breach by the person so convicted.
(3.)
The continued existence in a state contrary to any by-law of any work or thing shall be deemed a continuing offence within the meaning of this section.
Miscellaneous Provisions
107 Disfranchisement of defaulting ratepayers.
1923, No. 37, sec. 5
(1.)
Save as provided in subsection three hereof, it shall be the duty of the Clerk of every constituent district within an electric-power district to send to the Returning Officer, not later than ten days before the date fixed for the holding of any election or the taking of any poll under this Act, a list of all ratepayers whose rates, or any part thereof, are then unpaid and have remained unpaid for a period of not less than six months.
(2.)
Notwithstanding anything in this Act or in any other Act, no person whose name appears on a list furnished under the last preceding subsection for the purposes of any election or poll shall be entitled to vote at that election or poll.
(3.)
This section shall not operate to deprive any person of a vote at an election or poll if he is qualified to vote at that election or poll by virtue of the fact that he is an elector of a borough or town district.
108 Contracts of Board, how made.
1918, No. 5, sec. 78
(1.)
Any contract which, if made between private persons, must be by deed shall, if made by an Electric-power Board, be in writing under the seal of the Board.
(2.)
Any contract which, if made between private persons, must be in writing signed by the parties to be charged therewith may, if made by an Electric-power Board, be in writing signed on behalf of the Board by some person duly authorized in that behalf.
(3.)
Any contract which, if made between private persons, may be made verbally without writing may be similarly made by or on behalf of an Electric-power Board.
109 Judge or Magistrate, being a ratepayer, not deemed to be thereby interested in any proceedings.
Ibid., sec. 79
No Judge, Magistrate, or Justice shall be deemed to be interested in any case in which he is acting judicially solely on the ground that he is a ratepayer.
110 Service of judicial process on Board.
Ibid., sec. 80
Any summons, writ, or other legal proceedings requiring to be served on the Board may be served by being left at the office of the Board or given personally to the Clerk thereof.
111 Governor-General may assume possession and control of works if Board guilty of inexcusable delay in prosecution of its purposes.
Ibid., sec. 81
(1.)
In the event of any unreasonable or inexcusable delay by the Board in the prosecution of the electric works authorized by this Act, or if, after the completion of the said electric works in whole or in part so that the whole or any complete part or section of such electric works may be used for the purposes of supplying electric power, the Board fails for the space of twenty-one clear days, without reasonable excuse, to supply such power the Governor-General may take possession and assume the management of the electric works, and, if he thinks fit, complete the same and supply the electric power, charging the Board with all outlay and expenditure which may be entailed, and crediting the Board with all earnings and receipts.
(2.)
In any such case there shall be paid by the Board to the Governor-General, and by the Governor-General to the Board, the balance from time to time found to be due from the one to the other of them, the accounts being computed and rendered at intervals of not less than six months; or the Governor-General may restore the possession of the electric works to the Board, or waive any breach in any contract as aforesaid, on such terms and conditions as he thinks fit.
112 Appeal to Supreme Court from exercise of powers of Governor-General.
Ibid., sec. 82
(1.)
If the Governor-General exercises the powers vested in him by the last preceding section the Board may apply to the Supreme Court as hereinafter provided.
(2.)
Every such application shall be heard and determined by a Judge of the Supreme Court in a summary way; and such application shall be limited to the question whether there has been such unreasonable or inexcusable delay, or such failure to supply power as aforesaid, as to justify the exercise of such powers by the Governor-General or any of them.
(3.)
The Judge shall, in such manner as he thinks fit, hear and receive evidence, either oral or by affidavit, as to the matters upon which his decision is sought; and any order made by the Judge shall set forth whether in his opinion the power conferred by the last preceding section was rightly exercised; and every such order shall be final and conclusive on the Governor-General and the Board.
(4.)
In all other respects the procedure and practice in force for the time in the Supreme Court shall apply to all proceedings authorized by this provision.
113 Governor-General may give notice of intention to permanently retain works so taken possession of.
1918, No. 5, sec. 83
If the Board, for the space of one year after the Governor-General has taken possession as aforesaid, fails to repay all sums of public money which have been expended in or towards completing the electric works and the equipment thereof, and all sums of public money which have been expended on the repair or management of the electric works or in connection therewith in excess of the receipts therefrom, it shall be lawful for the Governor-General, at any time after the expiration of that year, to give three months’ notice to the Board that he intends to permanently retain the electric works as Government property.
114 Works to be vested in His Majesty.
Ibid., sec. 84
On the publication of an Order in Council, at any time after the expiration of the said three months, to the effect that possession has been taken as aforesaid and will be permanently retained by the Government the said electric works, and all plant, equipments, and appurtenances belonging thereto, shall, unless a satisfactory arrangement is in the meantime made between the Government and the Board, become and be absolutely vested in His Majesty without any conveyance or transfer whatsoever.
115 Exemptions from stamp duty.
Ibid., sec. 85
No stamp duty shall be chargeable upon or in respect of any contract entered into between the Governor-General in Council and any Board, nor between the Board and any other local authority, nor upon any debenture or coupon issued by a Board under this Act.
116 Trustee Act, 1908, to apply.
Ibid., sec. 87
The provisions of section ninety-five of the Trustee Act, 1908, shall, both in respect of trusts heretofore and hereafter created, apply to all bonds, debentures, or other securities issued or to be issued by the Board, and forming the whole or any portion or portions of any loan which has been or may hereafter be raised by the Board under the authority of any enactment.
117 Amalgamation of works by Boards of contiguous district.
Ibid., sec. 86
Subject to the approval of the Governor-General in Council, the Boards of two or more contiguous electric-power districts constituted under this Act may link up their respective transmission-lines for greater security against interruption in the supply, or may amalgamate their undertakings, or make such other arrangements as such Boards may deem expedient.
118 Board may install motors, electric wires, &c., in public or private buildings.
Ibid., sec. 88
The Board may install motors, electric wires, electric lamps, and other fittings and equipment in public or private buildings, works, dwellings, and other places, and charge rent for the use thereof, or may accept payment therefor by instalments.
119 Cost of installation of electric equipment to be charged on land.
1920, No. 38, sec. 23
Where in exercise of the powers conferred on it by the last preceding section the Board has, whether before or after the passing of this Act, installed any motor, electric wires, electric lamps, or other fittings or equipment on any land, or in any building thereon, the cost of any such motor, electric wires, electric lamps, and other fittings and equipment and of the installation thereof, or any rent payable for the use of any such fittings or equipment, shall be a charge on such land, and may be recovered as rates are recovered under the Rating Act, 1925, and the provisions of that Act as to the recovery of rates shall apply accordingly.
120 Board may purchase and sell electric fittings and equipment.
1918, No. 5, sec. 90
The Board may purchase motors, fittings, machinery, and all other equipment for the use of electric energy as applied to industrial, domestic, and other purposes; and may sell either for cash or on terms, or lease, with or without purchasing clauses, such motors, fittings, machinery, and equipment to users of electric power; and generally may do all things which in the judgment of the Board may promote the use of electric energy within the district.
121 Board may establish or assist other industries dependent on electric energy.
Ibid., sec. 91
With the consent of the Governor-General in Council the Board may, within the district, establish or assist in the establishment of electro-chemical, electro-metallurgical, or other industries which may be dependent upon or more effectually prosecuted by the use of electric energy, and may do all things which it deems necessary to encourage such industries within the district.
122 Boards may provide dwellings for their employees.
1922, No. 26, sec. 15
(1.)
With the consent in writing of the Minister, and subject to such conditions as he may impose, any Board—
(a.)
May acquire land, and may erect dwellings thereon for disposal under this section:
(b.)
May erect dwellings for disposal under this section on any land being the property of the Board and not held in trust for any special purpose:
(c.)
May purchase any land with dwellings thereon for disposal under this section.
(2.)
All land, and the dwellings thereon, disposed of under this section shall be disposed of by way of sale or lease to any workers or other persons employed in the service of the Board.
(3.)
In the event of any dwelling acquired or erected by the Board for the purposes of this section being no longer required for those purposes, the Board may sell, let, demise, exchange, or otherwise dispose of the same in such manner and on such terms as the Board, with the approval of the Minister, thinks fit.
123 Penalty for causing damage to electric works.
1918, No. 5, sec. 93
Every person who damages electric works, appliances, or conveniences erected, constructed, or used under this Act shall be liable for the amount of such damage, to be recovered by any person authorized in that behalf by the Board in any Court of competent jurisdiction, and, if such damage is done wilfully, shall be liable in addition to a fine not exceeding five hundred pounds.
124 Penalty for obstructing officers and workmen of Board.
Ibid., sec. 94
Every person who wilfully obstructs any engineer, surveyor, overseer, workman, or other person in the performance of any duty, or in doing any work which he has lawful authority to do under or by virtue of the provisions of this Act, is liable to a fine not exceeding fifty pounds.
125 Protection of Board against claims by consumers.
Ibid., sec. 98
No person who is a consumer of electric energy supplied by the Board shall have any claim against the Board in the event of any failure of the supply of any such energy through accident, drought, or other unavoidable cause.
126 Recovery of fines.
Ibid., sec. 95
All fines recoverable under the provisions of this Act, or any by-laws or regulations made thereunder, may be recovered in a summary way, and when recovered shall be the property of the Board.
127 Notice to be given of intention to commence actions.
Ibid., sec. 96
(1.)
No action shall be commenced against the Board or any member thereof, or other person acting under the authority, or in the execution or intended execution, or in pursuance of this Act, for any alleged irregularity, or trespass, or nuisance, or negligence, or for any act or omission whatever, until the expiry of one month after notice in writing specifying the cause of action, the Court in which the action is intended to be commenced, and the name and residence of the plaintiff and of his solicitor or agent in the matter has been given by the plaintiff to the defendant.
(2.)
Every such action shall be commenced within six months next after the cause of action first arose, whether the cause of action is continuing or not.
128 Regulations.
1918, No. 5, see. 97 1923, No. 37, sec. 11
(1.)
The Governor-General may from time to time, by Order in Council, make regulations for effectually carrying out any of the provisions of this Act in respect whereof the Board is not by this Act empowered to make by-laws or regulations, and also providing for and regulating any matter in respect whereof any power, authority, or discretion is by this Act conferred on the Governor-General.
(2.)
The Governor-General may, by any such regulations, prescribe fines for the breach of any regulation made under this section, not exceeding one hundred pounds for any offence.
129 Repeals.
The enactments mentioned in the Schedule hereto are hereby repealed, and with respect to those enactments the following provisions shall apply:—
Savings.
(a.)
All electric-power districts and Boards subsisting under those enactments on the coming into operation of this Act shall be deemed to be constituted under this Act as the same districts and Boards under this Act.
(b.)
All members and Chairmen of Boards in office on the coming into operation of this Act shall, subject to the provisions of this Act, continue in office until the election or appointment of their successors in accordance with this Act.
(c.)
All Proclamations, Orders in Council, regulations, orders, petitions, agreements, awards, special orders, by-laws, resolutions, rolls, lists, rate-books, plans, records, instruments, offices, appointments, and generally all acts of authority which originated under any of those enactments and are subsisting or in force on the coming into operation of this Act shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated.
(d.)
All matters and proceedings commenced under any of those enactments and pending or in progress on the coming into operation of this Act may be continued, completed, and enforced under this Act.
Schedule Enactments repealed
1918, No. 5.—The Electric-power Boards Act, 1918.
1919, No. 46.—The Electric-power Boards Amendment Act, 1919.
1920, No. 38.—The Electric-power Boards Amendment Act, 1920.
1921–22, No. 71.—The Electric-power Boards Amendment Act, 1921–22: Except section 6.
1922, No. 26.—The Electric-power Boards Amendment Act, 1922.
1923, No. 37.—The Electric-power Boards Amendment Act, 1923.
1924, No. 64.—The Finance Act, 1924: Section 60.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Electric-power Boards Act 1925
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