Auckland Harbour Bridge Act 1950
Auckland Harbour Bridge Act 1950
Auckland Harbour Bridge Act 1950
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Auckland Harbour Bridge Act 1950
Public Act |
1950 No 101 |
|
Date of assent |
1 December 1950 |
|
Contents
An Act to Provide for the Constitution of the Auckland Harbour Bridge Authority, to Define Its Powers and Functions, and to Provide for the Construction, Maintenance, and Control of a Bridge Across the Waitemata Harbour.
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.
(1)
This Act may be cited as the Auckland Harbour Bridge Act, 1950.
(2)
This Act shall come into force on the first day of January, nineteen hundred and fifty-one.
2 Interpretation.
In this Act, unless the context otherwise requires,—
“Authority” means the Auckland Harbour Bridge Authority constituted under this Act:
“Bridge” means the bridge to be constructed across the Waitemata Harbour in accordance with this Act; and includes all the necessary approaches, buildings, erections, and other works constructed in accordance with this Act in connection with the bridge:
“Constituent authority” means a local authority which, in accordance with section four of this Act, may appoint, or may join with other local authorities in appointing, any one or more members to the Authority:
“Minister” means the Minister of Works:
“Secretary” means the Secretary of the Authority; and includes any person for the time being appointed by the Authority to perform the duties of the Secretary:
“Toll” means any reward or payment which the Authority is authorized to demand and collect under this Act in respect of the passage or repassage over the bridge of persons, animals, or vehicles:
“Vehicle” means a contrivance that is equipped with wheels or revolving runners upon which it moves or is moved.
Part I The Auckland Harbour Bridge Authority
3 Constitution of Authority.
(1)
There is hereby established an authority to be called the Auckland Harbour Bridge Authority.
(2)
The Authority shall be a body corporate with perpetual succession and a common seal, with power to purchase, take on lease, hold, deal with, and dispose of real and personal property, to sue and be sued in any Court, and to do and suffer all that bodies corporate may lawfully do and suffer.
Ibid., p. 360 Ibid., p. 415 1934, No. 17 1950, No. 34
(3)
The Authority shall be deemed to be a local authority for the purposes of the Local Bodies’ Finance Act, 1921–22, the Local Bodies’ Loans Act, 1926, the Local Government Loans Board Act, 1926, the Local Authorities (Members’ Contracts) Act, 1934, and the Harbours Act, 1950.
4 Members of Authority.
(1)
The Authority shall consist of—
(a)
Two members who shall be appointed by the Governor-General on the recommendation of the Minister;
(b)
Two members who shall be appointed by the Auckland City Council;
(c)
One member who shall be appointed by the Borough Councils of Mount Eden, Mount Albert, Newmarket, One Tree Hill, Onehunga, Otahuhu, Ellerslie, Mount Roskill, Papatoetoe, New Lynn, Henderson, Manurewa, and Papa-kura, the Town Boards of Glen Eden and Howick, the Road Board of Mount Wellington, and the County Council of Manukau;
(d)
One member who shall be appointed by the Northcote Borough Council; and
(e)
One member who shall be appointed by the Borough Councils of Birkenhead, Takapuna, and Devonport and the County Council of Waitemata.
(2)
Any person appointed under this section may or may not be a member of a constituent authority, and no member of any constituent authority shall become disqualified from his membership thereof by being appointed by it or with its concurrence to be a member of the Authority.
5 Term of office of members of Authority
(1)
Except as otherwise provided in this Act, every member of the Authority shall be appointed for a term of five years from the date of his appointment, but may from time to time be reappointed.
(2)
Notwithstanding anything to the contrary in this Act, every member of the Authority, unless he sooner vacates his office otherwise than by effluxion of time, shall continue to hold his office until his successor comes into office.
(3)
With respect to the first members of the Authority, two of them shall retire at the expiration of three years from the date of their appointment, two others shall retire at the end of four years from that date, and the remaining three, including the member who has been elected as Chairman, shall retire at the end of five years from that date.
(4)
The members to retire at the expiration of three years from the date of their appointment and at the expiration of four years from that date shall be determined by agreement of those of the first members who are then in office, and, failing agreement on either occasion, the members to retire shall be determined by lot.
(5)
Any vacancy under this section shall be filled by the appointment of some person made in the same manner as the appointment of the vacating member.
6 Members of Authority to be elected by constituent authorities.
(1)
Members of the Authority to be appointed by constituent authorities shall be elected by members of the constituent authority or authorities by which the appointment is to be made.
(2)
Every such election shall be held in such manner as the constituent authorities concerned may decide, and each such constituent authority shall make all necessary arrangements for and conduct each such election.
(3)
If no decision can be made by any constituent authority or authorities as to the manner in which an election for the appointment of a member of the Authority is to be held, the election shall be held in accordance with regulations under this Act.
(4)
Elections for the first members of the Authority to be appointed shall be held before the expiration of two months from the commencement of this Act.
7 Coming into office of members.
(1)
Every member of the Authority appointed by a constituent authority or authorities shall come into office on the day following that on which he is appointed.
(2)
Every member appointed to fill any extraordinary vacancy occurring on the Authority shall come into office on the day following that on which he is appointed.
8 Vacancies in membership of Authority.
(1)
Any member of the Authority may resign his office by writing addressed to the Secretary.
(2)
If any member of the Authority, other than a member appointed under paragraph (a) of subsection one of section four of this Act, becomes bankrupt, or is absent without leave from four consecutive ordinary meetings of the Authority, or is guilty of misconduct in his office as a member, he shall be deemed to have become incapable under this Act of holding office as a member of the Authority.
(3)
Any member of the Authority appointed under paragraph (a) of subsection one of section four of this Act may be removed from office by the Governor-General for bankruptcy, disability, or neglect of duty.
(4)
If any member of the Authority dies, or resigns, or is removed from office, the vacancy created shall be deemed to be an extraordinary vacancy.
(5)
In the case of an extraordinary vacancy, the vacancy shall be filled by the appointment of some person made in the same manner as the appointment of the vacating member. The person appointed to fill an extraordinary vacancy shall be appointed for the residue of the term for which the vacating member was appointed.
9 Ouster of office.
(1)
Upon proof in the first instance, by affidavit or otherwise, that any member of the Authority, other than a member appointed by the Governor-General, is or has become incapable under this Act of holding his office, any Magistrate’s Court may grant a summons calling upon the person holding the office to show cause why he should not be adjudged to be ousted of the same.
(2)
If on the return of any such summons it appears to the Court, on affidavit or oral evidence on oath, that any such person is incapable under this Act of holding the said office, the Court may adjudge that person to be ousted of the same, and that person shall be ousted of the office accordingly.
(3)
In any such proceedings 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 the Court shall, as far as applicable, apply generally to proceedings under this section.
(4)
No matter in relation to a disputed appointment 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.
10 Chairman and Deputy Chairman of Authority.
(1)
The Authority shall from time to time appoint from among its members a Chairman and a Deputy Chairman.
(2)
The first Chairman shall hold office for a term of five years from the date of his appointment, and every subsequent Chairman shall hold office for a term of three years from the date of his appointment.
(3)
If the Chairman dies, or resigns, or vacates his office, his successor shall be appointed for the residue of the term of his predecessor.
(4)
The Chairman shall preside at every meeting of the Authority at which he is present. In the absence of the Chairman and the Deputy Chairman from any meeting of the Authority, the members present shall select one of their number to be the Chairman for the purposes of that meeting.
(5)
At every meeting for the appointment of the Chairman, the Secretary shall preside while the Chairman is being chosen, or, if there is no Secretary, then some person appointed by the Authority, not being a member of the Authority, shall so preside, and, in case of an equality of votes, the person presiding shall determine the appointment by lot in such manner as the Authority determines.
11 Allowances to Chairman and other members.
(1)
The Chairman and every other member of the Authority shall be paid out of the funds of the Authority an annual allowance at such rate or rates as may from time to time be approved in that behalf by the Minister of Finance.
(2)
There shall also be paid out of the funds of the Authority to the members of the Authority allowances and expenses in respect of time spent in travelling in connection with the business of the Authority or any committee thereof, at such rates as may from time to time be approved in that behalf by the Minister of Finance.
12 First meeting of Authority.
The first meeting of the Authority shall be convened by the Town Clerk of the City of Auckland and shall be held at such time and place as he may appoint.
13 Committees.
(1)
The Authority may from time to time appoint standing or special committees consisting of two or more of its members to advise the Authority on such matters concerning the bridge as are referred to them by the Authority, and may delegate to any such committee any of the powers and duties conferred or imposed on the Authority by this Act except the power to borrow money, to make a by-law, to enter into a contract, or to institute an action.
(2)
The Authority may appoint a member of any committee to be the Chairman thereof, or, if no Chairman is appointed by the Authority, the committee may appoint a Chairman. Any committee may from time to time appoint a Deputy Chairman to act in the absence of the Chairman.
(3)
The Authority may at any time, and from time to time, discharge, alter, continue, or reconstitute any committee or discharge any member of a committee, and, if it thinks fit, appoint another member in his stead.
(4)
Every committee shall, unless sooner discharged by the Authority, be deemed to be discharged on the date of the next succeeding annual meeting of the Authority after its appointment.
(5)
Every such committee shall be subject in all things to the control of the Authority, and shall carry out all directions, general or special, of the Authority given in relation to the committee or its affairs.
14 Quorum of Authority and committees.
(1)
At any meeting of the Authority four members shall form a quorum.
(2)
The Authority may fix the quorum of any committee appointed by it, and if no quorum is fixed by the Authority, the committee may fix the quorum.
15 Questions to be decided by majority of votes.
(1)
Every question before the Authority or any committee thereof shall be determined by a majority of the votes of the members present at a meeting of the Authority or committee.
(2)
The Chairman of any meeting of the Authority or of any committee shall have a deliberative vote, and, in case of an equality of votes, shall also have a casting vote.
16 Proceedings not invalidated by irregularities, &c.
No act or proceeding of the Authority or of any committee or of any person acting as a member of the Authority shall be invalidated in consequence of there being a vacancy in the membership of the Authority at the time of any such act or proceeding or of the subsequent discovery that there was some defect in the appointment of any person so acting, or that he was incapable of being a member.
17 Ordinary and annual meetings.
(1)
The Authority shall hold ordinary meetings at such times and at such places as it may from time to time appoint.
(2)
The Chairman or the Secretary shall give notice in writing to each of the members of the time and place appointed for holding ordinary meetings, and the members shall attend any such meetings without further notice of each meeting.
(3)
The Authority shall hold annual meetings at such times and at such places as it may appoint:
Provided that the first annual meeting shall be held not later than fifteen months after the commencement of this Act and that no longer period than fifteen months shall elapse between any two consecutive annual meetings.
18 Authority to regulate its own procedure.
Except as otherwise provided by this Act, the Authority may regulate its own procedure.
19 Officers of Authority.
(1)
The Authority may, by resolution, from time to time appoint a General Manager, a Chief Engineer, a Secretary, a Treasurer, and all such other officers and servants as it thinks fit, and on such terms and conditions as it determines; and may pay out of its funds such salaries and allowances as it thinks reasonable to any such officers and servants.
(2)
One person may be appointed to hold two or more offices under this section.
(3)
Before any officer entrusted by the Authority with the custody or control of moneys by virtue of his office enters on the duties of his office, the Authority shall take sufficient security from him for the faithful execution thereof:
Provided that, instead of or in addition to taking security from any officer, the Authority may provide against any losses that may arise in the event of his dishonesty or negligence by taking out a guarantee policy and paying the premiums thereon, or by creating a special fund for the purpose, or partly by one method and partly by the other.
20 Acting officers.
During the absence from duty of any officer of the Authority by reason of illness, leave of absence, or other cause, the duties and powers of that officer may be performed and exercised by an acting officer appointed by the Authority, and any such appointment may be either general or for some occasion only.
Part II The Auckland Harbour Bridge
21 Authority empowered to construct, maintain, and manage Auckland Harbour Bridge.
Subject to the provisions of this Act, the Authority is hereby authorized and empowered to construct, maintain, manage, and control a bridge across the Waitemata Harbour from Point Erin to Stokes Point and to construct, carry out, and maintain all other works necessary for the construction, maintenance, management, and control of the bridge and its approaches.
22 Powers of Authority under Public Works Act, 1928.
For the purposes of this Act the Authority shall be deemed to be a local authority within the meaning of the Public Works Act, 1928, and shall have all the powers, privileges, duties, and obligations vested in or imposed on local authorities by Parts II, III, and IV of that Act:
Provided that nothing in this section shall authorize the Authority to take, without the consent of the Auckland Harbour Board, any land vested in the Board.
23 Auckland Harbour Board may grant easements to Authority.
(1)
For the purpose of enabling the Authority to construct the bridge, the Auckland Harbour Board may grant to the Authority perpetual easements or licences over land vested in the Board.
(2)
For the purposes of constructing embankments and making reclamations authorized under this Act, the Authority may take spoil from the bed of the Waitemata Harbour at such places in the vicinity of the bridge as may be approved in that behalf by the Auckland Harbour Board.
24 Harbour Board rights over land to be protected.
Nothing in section twenty-three of this Act shall be deemed to affect or interfere with the control and jurisdiction of the Auckland Harbour Board over any land vested in the Board except so far as any such control and jurisdiction may be necessarily restricted by reason of the existence of the bridge; nor shall it be lawful for the Authority or any other person to prevent, hinder, or in any way interfere with any such control and jurisdiction, or the passage or repassage of any ship or vessel under the bridge.
25 Plans and specifications of proposed bridge to be prepared.
The Authority shall, as soon as practicable after the commencement of this Act, cause to be prepared complete plans and specifications of the bridge, and conditions of contract in respect of the construction of the bridge and its approaches.
26 Provisions as to plans, specifications, and conditions of contract.
(1)
Unless the Minister otherwise directs, all such plans, specifications, and conditions of contract shall provide that the longitudinal and vertical clearances of the navigation span of the bridge shall not be less than the dimensions recommended for the said span in the report dated the twenty-sixth day of July, nineteen hundred and forty-six, of the Royal Commission upon trans-harbour facilities in the Auckland Metropolitan Area and the approaches thereto.
(2)
All such plans, specifications, and conditions of contract shall make provision for watermains, gas pipes, electric light and telephone wires, and electric power cables to be carried by the bridge.
(3)
All such plans, specifications, and conditions of contract shall provide for the erection and completion of such necessary approaches and embankments as will provide a continuous roadway or street from Point Erin to Stokes Point and for the connection, on both sides of the Waitemata Harbour, of the approaches to the bridge with the existing systems of streets or roadways.
27 Copies of plans to be forwarded to Minister of Works, Minister of Marine, and certain local authorities.
Copies of all such plans, specifications, and conditions of contract shall be prepared, and in each case two copies shall be forwarded to each of the following persons, namely—the Minister of Works, the Minister of Marine, the Auckland Harbour Board, the Auckland City Council, and the Northcote Borough Council.
28 Approval of plans.
(1)
Subject to the provisions of this section, each local authority mentioned in section twenty-seven of this Act shall either approve or disapprove of any plans, specifications, or conditions of contract referred to it in accordance with that section.
(2)
The said local authorities shall have the right to approve or disapprove of any such plans and specifications only to the following extent:—
(a)
As to the Auckland Harbour Board; in respect of such matters as concern or affect the general design, strength, and safety of the bridge in so far as safeguarding the Waitemata Harbour for shipping and navigation generally is concerned:
(b)
As to the Auckland City Council; in respect of matters relating to that portion of the bridge proposed to be constructed in the City of Auckland, and in respect of the provision of adequate continuous approaches to the bridge, the provisions made for the speedy and safe handling of traffic crossing the bridge, and the provisions made for further connections of streets with the southern end of the bridge:
(c)
As to the Northcote Borough Council; in respect of matters relating to that portion of the bridge proposed to be constructed within the Borough of Northcote, and in respect of the provisions made for the speedy and safe handling of traffic crossing the bridge, and the provisions made for further connections of streets with the northern end of the bridge.
29 Approvals to be forwarded to Authority.
Upon the Auckland Harbour Board, the Auckland City Council, and the Northcote Borough Council being satisfied with the said plans, specifications, and conditions of contract, they shall forthwith notify the Authority of their approvals.
30 Authority to comply with requirements of Harbours Act, 1950.
(1)
In the exercise of its functions under this Act the Authority shall comply with the provisions of the Harbours Act, 1950.
1950, No. 34
(2)
This Act shall be deemed to be a special Act within the meaning of the Harbours Act, 1950.
31 Preparation and approval of plans of alterations, &c.
Where the Authority, whether pursuant to a direction of the Minister or otherwise, makes any alteration or variation in any plans, specifications, or conditions of contract approved under section twenty-eight of this Act, it shall cause the amended plans, specifications, or conditions of contract to be submitted to the local authorities by which they were approved, and the provisions of section twenty-seven to section twenty-nine of this Act shall, with the necessary modifications, apply thereto.
32 Works not to be commenced until plans and specifications finally approved.
1950 No. 34.
(1)
No work in connection with the construction of the bridge shall be commenced until the plans, specifications, and conditions of contract have been finally approved by the local authorities referred to in section twenty-nine of this Act, by the Governor-General in accordance with the Harbours Act, 1950, and by the Minister of Works.
(2)
When the plans, specifications, and conditions of contract have been finally approved by all persons whose approvals are required under this Act, a copy of the approved plans, specifications, and conditions of contract, together with the approvals, shall be deposited in the office of the Minister.
(3)
The copy of the approved plans, specifications, and conditions of contract deposited in the office of the Minister shall be conclusive and exclusive evidence for all purposes of their accuracy and of their contents, and of the approval of the Governor-General, the Minister, and of all local authorities whose approval is required under this Act.
33 Authority to comply with Harbour Board requirements.
The Authority and its servants or contractors shall at all times comply with all reasonable requests, stipulations, and requirements of the Auckland Harbour Board for the purpose of ensuring that the works of the Authority will not needlessly interfere with shipping and navigation, nor endanger the embankments, breakwaters, wharves, and works situated in the Waitemata Harbour, nor cause detriment to the harbour bed or to the tidal flow and ebb in the harbour.
34 Harbour Board to forward complaints to Minister.
1950, No. 34
If the Authority does or permits to be done any act, or fails to prevent any act being done, which the Auckland Harbour Board considers to be a breach of the provisions of section thirty-three of this Act, the Board shall forward particulars of the matters complained of to the Minister of Marine, who may deal with any such complaints in the manner provided by the Harbours Act, 1950.
35 Harbour Board may act in cases of emergency.
If the Auckland Harbour Board is of the opinion that any act or default of the Authority is of such a serious nature that the delay that would be caused by the compliance by the Board with the provisions of section thirty-four of this Act might result in serious damage, personal injury, loss of property, or interference with navigation, the Board may forthwith take such reasonable steps as it deems necessary to prevent any such damage or loss being sustained.
36 Bridge to be properly lighted.
The Authority shall at all times while the bridge is being constructed and after the bridge has been completed ensure that the bridge is adequately lighted so as to provide for the safety of vehicular and pedestrian traffic using the bridge and for the safety of ships and aircraft in the vicinity of the bridge.
Part III Financial Provisions
37 Cost of constructing, maintaining, and operating bridge to be paid by Authority from loans and revenue.
The cost of constructing, maintaining, and operating the bridge, including the amount of all sinking funds, interest, and other debt charges payable in respect of moneys borrowed by the Authority, shall be paid by the Authority from moneys borrowed by it, or from revenues earned by it from tolls charged in respect of the use of the bridge, from other charges authorized by this Act, or from other receipts.
38 Borrowing powers.
(1)
The Authority may from time to time borrow by way of special loan such sums as are necessary for carrying out the purposes of this Act.
(2)
Any such special loan may be raised by the Authority under the Local Bodies’ Loans Act, 1926, by special order, and without taking the steps prescribed by sections nine to thirteen of that Act.
39 Authority may borrow on overdraft.
Ibid., p. 354
Notwithstanding anything to the contrary in the Local Bodies’ Finance Act, 1921–22, and in addition to anything contained in that Act, it shall be lawful for the Authority to borrow moneys under the authority of section thirty-eight of this Act from its bankers by way of overdraft in excess of the limits imposed by section three of that Act, for the purpose of exercising any of its powers or functions, or carrying out any of its obligations, under this Act.
40 Government guarantee of loans.
The repayment of every amount borrowed by the Authority under section thirty-eight or section thirty-nine of this Act, together with interest agreed by the Authority to be paid on any amount so borrowed, is hereby guaranteed by the Government of New Zealand:
Provided that the guarantee referred to in this section shall not apply to the repayment of any amount borrowed by the Authority on overdraft under section three of the Local Bodies’ Finance Act, 1921–22, or to the payment of interest on any such amount, in excess of the amount approved in that behalf by the Minister of Finance.
41 Rights of Government in event of default by Authority
(1)
If the Authority makes default in any payment due in respect of moneys borrowed by it under the powers conferred by this Act, and the Government is called upon to make any payment under the guarantee given under section forty of this Act, the Governor-General may, by Order in Council, appoint a Commissioner, who may, in the name and on behalf of the Authority, exercise any power and perform all the duties conferred or imposed on the Authority by this Act, or by any instrument or otherwise.
(2)
During the period when any such Commissioner remains in office the Authority shall not exercise any power or perform any duty conferred or imposed on it by this Act.
(3)
Any such Commissioner shall have such additional rights, powers, functions, and duties as are prescribed by regulations under this Act.
42 Annual estimate of proposed expenditure and receipts.
(1)
The Authority shall, within one month after the end of each financial year, cause an estimate to be prepared showing the probable expenditure of the Authority for the current financial year and of its probable revenue in that year, showing separately—
(a)
The permanent appropriations required for the payment of interest, payments to sinking funds, and the repayment of principal, in respect of any moneys borrowed by the Authority:
(b)
The sums intended to be set aside for the establishment of such reserves as the Authority may consider necessary for the efficient discharge of its functions under this Act:
(c)
The sum or sums that the Authority may require to pay out of its revenue for carrying out, operating, or maintaining in good order, the works authorized by this Act to be constructed and any other works vested in or controlled by the Authority; and all other expenses in connection therewith:
(d)
Any other expenses likely to be incurred by the Authority in connection with the exercise of its functions:
(e)
Any sums already available for the aforesaid purposes:
(f)
The estimated receipts of the Authority from all sources:
(g)
The amount by which the estimated expenditure exceeds the aggregate of the sums available and the estimated receipts as aforesaid or, as the case may be, the amount by which the aggregate of the sums available and the estimated receipts exceeds the estimated expenditure.
(2)
Any deficiency or surplus in the revenues of the Authority for the preceding financial year shall be included in the estimate under this section. Every such deficiency shall be deemed to form part of the expenditure of the Authority, and every such surplus shall be deemed to form part of the receipts of the Authority, in the year to which the estimate relates.
(3)
A copy of the estimate of its proposed expenditure and receipts prepared under this section shall be forwarded by the Authority to the Minister of Finance within one month after the preparation of the estimate.
Part IV Tolls
43 Tolls to be collected for use of bridge.
(1)
For the purpose of paying costs, charges, and expenses incurred by it under this Act, the Authority shall collect tolls in accordance with the provisions of this Act in respect of the use of the bridge.
(2)
For the purpose of collecting tolls the Authority may construct such toll gates, toll houses, and other works as it considers necessary.
(3)
If the Authority proposes to construct any work under this section on any road or street under the control of a local authority, the Authority shall obtain the approval of the local authority before commencing the work.
44 Rates of tolls.
Tolls payable under this Act shall be at such rate or rates, and shall be payable in respect of such persons, vehicles, and animals, as may from time to time be prescribed by by-laws under this Act.
45 Rates of tolls to be approved by Minister of Finance.
(1)
Before any by-law fixing the rate of any toll is made, the Authority shall forward a copy of the proposed by-law, together with a copy of the last estimate of its proposed expenditure and receipts prepared by the Authority in accordance with section forty-two of this Act, to the Minister of Finance.
(2)
The Minister of Finance may, if having regard to the financial position of the Authority at any time he thinks fit to do so, direct that any by-law fixing the rate of any toll be amended, and the Authority shall take such steps as may be necessary to give effect to any such direction.
(3)
No by-law fixing the rate of any toll shall be made by the Authority until the rate has been approved in that behalf by the Minister of Finance.
46 Rates of tolls to be published.
(1)
Any by-law fixing the rate of any toll shall be published in at least two daily newspapers circulating in the City of Auckland at least fourteen days before the toll becomes payable.
(2)
The scale of tolls for the time being in force shall be clearly exhibited in a conspicuous place on or near the place where the toll is payable.
47 Persons liable for payment of tolls.
Every person who is in charge or control of any animal or vehicle in respect of which a toll is payable shall be liable for the payment of the toll, and if any person refuses or neglects to pay a toll payable under this Act the Authority may refuse to allow that person to cross or enter on to the bridge, or may recover as a debt from that person the amount of the toll, together with all expenses involved in the collection of the toll.
48 Exemption from payment of tolls.
(1)
No toll shall be payable by or in respect of any of the following persons or in respect of any vehicle engaged solely in carrying any such person, namely:—
(a)
The Governor-General and every person in attendance on him:
(b)
Every member of any of the armed forces of His Majesty when on duty or going to or returning from duty and in the uniform of his corps:
(c)
Every constable on duty, and every prisoner in his custody:
(d)
Any Minister or any officer or servant of the Crown whilst engaged on business connected with the bridge or with the administration of this Act:
(e)
Servants of the Crown engaged in the distribution of His Majesty’s mail:
(f)
Such other persons as may be prescribed in by-laws made under this Act.
(2)
Tolls shall not be payable in respect of fire engines and vehicles used for the extinction of fires, or in respect of ambulances, or in respect of the drivers or occupants of any such vehicles.
Part V Accounts and Audit
49 Books of account to be kept.
The Authority shall cause books to be provided and kept and true and accurate accounts to be entered therein of all sums of money received and paid or receivable or payable under the authority of this Act and of the several purposes for which sums of money have been received or paid or are receivable or payable.
50 Moneys to be paid into bank.
(1)
All moneys belonging to the Authority shall, on the day when or on the next banking day after they have come into the hands of the Authority, be paid into an account of the Authority at such bank as the Authority from time to time appoints.
(2)
Subject to the provisions of this Act, no moneys may be withdrawn from the bank except as authorized by the Authority and by cheque signed by the Chairman or one member and by the Treasurer of the Authority.
51 Accounts to be audited by and kept in accordance with requirements of Audit Office.
(1)
The Audit Office shall be the auditor of the Authority, and shall have the same duties and powers in respect of the moneys and accounts of the Authority, and of every person dealing therewith, as it has under the Public Revenues Act, 1926, in respect of other local authorities.
(2)
The Authority shall keep such accounts and keep them in such manner as may be prescribed by the Audit Office, but so always that—
(a)
A General Account shall be kept, and credited with all moneys not required by or under this Act to be carried to any other account, and debited with expenditure which is not required under this or any other Act to be charged, or which is not otherwise properly chargeable, against any other account; and
(b)
Separate accounts shall be kept and credited with all moneys raised or levied for, or appropriated or allocated to, or held in trust or received for, any special purpose, and debited with expenditure properly chargeable against any such accounts.
(3)
The decision of the Audit Office as to whether or not any expenditure is properly chargeable against any such account shall be final.
52 Yearly balance sheet and statement.
Within one month of the end of each financial year, the Treasurer shall send to the Audit Office and to the Minister of Finance true accounts of all the transactions of the Authority during that year and of the financial state of its affairs at the end of that year. The accounts shall show separately—
(a)
All the moneys received and paid by the Authority during that year;
(b)
The income and expenditure of the Authority for that year;
(c)
All the assets and liabilities of the Authority at the end of that year; and
(d)
The loan moneys owed by the Authority showing the total debt outstanding under the head of each loan raised by the Authority and the amount of any sinking fund by then accumulated for the repayment of each such loan.
53 Abstract of accounts.
The Treasurer shall forthwith after each audit make out a full abstract of the accounts for the year as audited, and cause a copy of the abstract to be submitted to the Minister of Finance and to each constituent authority.
54 Imprest account.
(1)
The Authority may, pursuant to a resolution in that behalf, establish one or more imprest accounts which shall be kept at such bank and shall be operated on by such person or persons as the Authority from time to time appoints.
(2)
Any such imprest account may be held jointly in the names of and be operated on by the Treasurer and one other person to be appointed in that behalf by the Authority, or may, with the express approval in writing of the Audit Office but not otherwise, be in the sole name of and be operated on by the Treasurer or other approved officer of the Authority. Where the imprest account is held jointly in the names of the Treasurer and of one other person as aforesaid, the last mentioned person shall be either a responsible officer of the Authority or a member of the Authority.
(3)
The Authority shall from time to time by resolution fix the maximum amount that may be held at any time in any imprest account, not exceeding seventy-five pounds in any case where the imprest account may be operated on by one person acting alone, and not exceeding such amount as the Audit Office may approve in that behalf in any other case.
(4)
Moneys in any imprest account shall be available only for the payment of wages and of emergency expenditure. A statement of all payments made from the imprest account shall be submitted to the Authority for approval at its first ordinary meeting after each such payment. The payment of moneys out of any imprest account for any purpose not hereby authorized shall be deemed to be misappropriation of the funds of the Authority.
Part VI By-laws
55 By-laws of Authority.
The Authority may from time to time make such by-laws, not inconsistent with this Act, or with any other Act, as it thinks fit for all or any of the following purposes:—
(a)
Protecting any property belonging to the Authority, or controlled by the Authority, from damage or injury:
(b)
Conserving public health, safety, and convenience, and preventing and abating nuisances on the bridge:
(c)
Regulating the pace, manner, and times at which any vehicles or animals shall cross, or be driven, led, or taken on to the bridge:
(d)
Prescribing the route by which, and the times when, loose horses, cattle, sheep, pigs, or other animals may be driven across the bridge:
(e)
Regulating and preventing the taking on to or over the bridge of any noxious or dangerous goods or anything which may cause pollution in the Waitemata Harbour:
(f)
Regulating the speed of traffic crossing the bridge:
(g)
Regulating the weights of vehicles which may use the bridge:
(h)
Fixing the amounts of and levying and collecting tolls in respect of the use of the bridge:
(i)
Regulating the purchase by and issue of tickets to and the collection of tickets from persons using the bridge:
(j)
Regulating or prohibiting the sale of goods on the bridge:
(k)
The preservation of order and public safety on the bridge:
(l)
Generally for regulating the travelling upon, the using of, and the proper and efficient control and management of the bridge.
56 Procedure as to making of by-laws.
(1)
By-laws shall be made only in the manner and subject to the following conditions:—
(a)
They shall be made only by special order:
Provided that in publicly notifying the resolution making any such order it shall not be necessary to set forth the whole of the proposed by-law if the object or purport of the by-law is stated, and if a copy of the proposed by-law is deposited at the office of the Authority and is open to the inspection of the public during office hours for at least seven days immediately preceding the meeting at which the resolution is to be confirmed:
(b)
They may be amended before confirmation of the special order by which they are made:
(c)
They shall have the common seal of the Authority affixed thereto:
(d)
They shall come into force on a day to be fixed at the meeting at which the resolution is to be confirmed, which day shall not be earlier than seven days clear after the date of that meeting.
(2)
Any by-laws may at any time and from time to time in like manner be amended or revoked.
1933, No. 30
(3)
The provisions of sections sixty-one to sixty-four of the Municipal Corporations Act, 1933, shall, with the necessary modifications and subject to the provisions of section fifty-seven of this Act, apply to special orders made under this section.
57 Special provisions regarding by-laws affecting Waitemata Harbour.
The following special provisions shall apply to every proposed by-law affecting or likely to affect in any way the navigation or control of the Waitemata Harbour:—
(a)
A copy of every such by-law shall be submitted to the Auckland Harbour Board for its approval at least fourteen days before the meeting of the Authority convened for the purpose of confirming the resolution making the by-law:
(b)
Every such proposed by-law shall be considered by the Auckland Harbour Board, and unless objection thereto is made by it within seven days from the receipt thereof, the by-law shall be deemed to be approved by the Harbour Board:
(c)
If the proposed by-law is not approved by the Auckland Harbour Board the matter shall be submitted to arbitration under section eighty-one of this Act:
(d)
Upon any such proposed by-law being approved, either as originally submitted or as amended, whether as the result of arbitration or of agreement between the Authority and the Harbour Board, the Authority shall at its meeting convened for the purpose of confirming the resolution making the by-law, or at any adjournment thereof, declare the by-law to have been made in accordance with this Act, and shall affix the common seal of the Authority to it:
(e)
No such proposed by-law shall be made by the Authority unless it has been approved by the Auckland Harbour Board in accordance with this section.
58 Removal of works executed contrary to by-law.
(1)
A by-law under this Act may authorize the Authority or any officer thereof to pull down, remove, or alter any work, material, or thing erected or being in contravention of any such by-law, and to recover from the person committing the breach all expenses incurred by the Authority in connection with any such pulling down, removal, or alteration.
(2)
The exercise of this authority shall not relieve any such person from liability to any penalty incurred by reason of the breach.
59 Proof of by-laws.
The production of any document purporting to be a printed copy of any by-law made under the authority of this Act, and to be sealed with the common seal of the Authority, shall, until the contrary is shown, be sufficient evidence of the by-law having been duly made, and that it duly came into force on the day mentioned in that behalf in the copy of the by-law.
60 Printed copies of by-laws.
The Authority shall cause printed copies of all by-laws to be kept at the office of the Authority, and to be sold at a reasonable charge to every person applying therefor.
61 Penalty for breach of by-law.
Every person guilty of a breach of any by-law made under the provisions of this Act commits an offence against this Act and shall be liable on summary conviction to a fine not exceeding twenty pounds, or, where the breach is a continuing one, to a fine not exceeding five pounds for every day or part of a day during which the breach continues.
62 Authority may apply for injunction in case of continuing breach of by-law.
(1)
The Authority may, after the conviction of any person for the continuing breach of any by-law, apply to the Supreme Court for an injunction to restrain the further continuance of the breach by the person so convicted.
(2)
The continued existence of any work or thing in a state contrary to any by-law shall be deemed a continuing offence within the meaning of this section.
63 Fines payable to Authority.
(1)
All fines paid and recovered for any breach of a by-law made under this Act shall be paid by the Registrar, or other proper officer of the Court in which the fines are payable, to the Authority.
(2)
The Registrar or other proper officer of the Court in which any such fines are imposed shall once in every three months furnish the Authority with a written statement, signed by him, of all such fines, distinguishing therein those that have from those that have not been paid to the Authority.
(3)
When any fines which ought to be paid to the Authority are by law required or permitted to be paid in stamps, and have been so paid, the Registrar or other proper officer aforesaid shall certify to the Minister of Finance the amount of the fines, that they have been so paid, and that the Authority is entitled to receive the fines; and thereupon the said Minister, without further appropriation than this Act, shall pay the amount of any such fines out of the Consolidated Fund to the Authority.
(4)
This section shall be read subject to the provisions of subsection two of section thirteen of the Finance Act, 1927 (No. 2).
64 Liability for breach of by-laws not to relieve from other liability.
Nothing in this Act or in any by-law made thereunder shall be deemed to relieve any person from any penalty or action to which he would otherwise be liable in respect of anything done by him in breach of any such by-law.
Part VII Claims for Compensation Against Authority
65 Interpretation.
In this Part of this Act, unless the context otherwise requires,—
“The Commission” means any Commission or Commissions appointed under this Part of this Act:
“The company” means the Devonport Steam Ferry Company, Limited.
66 Claims for compensation to be submitted to Commission.
(1)
Where any claim for compensation is made to the Authority by the company or its employees, or by the Auckland Harbour Board, the Authority shall forthwith submit the claim to a Commission appointed under this section.
(2)
For the purposes of hearing claims and assessing compensation under this Part of this Act, or of determining any of the matters referred to in subsection one of section sixty-eight of this Act, the Governor-General may appoint a Commission or Commissions consisting of such person or persons as the Governor-General thinks fit. In appointing any such Commission the Governor-General may appoint a public accountant to assist the Commission.
(3)
Where more than one Commission is appointed under this section, any determination made by a previous Commission so appointed may be incorporated in the finding of a subsequent Commission without further evidence in respect of the matters which are the subject of the determination being heard by the subsequent Commission.
(4)
The Commission shall be deemed to be a Commission of Inquiry under the Commissions of Inquiry Act, 1908, and, subject to this Act, the provisions of that Act shall apply accordingly.
67 Commission to inquire into claim by company and assess compensation.
The Commission shall inquire into any claim submitted to it by the company under section sixty-six of this Act and assess, in accordance with the provisions of this Part of this Act, the amount of compensation which it finds payable to the company in respect of loss incurred through the operation of the bridge.
68 Matters to be determined by Commission in assessing compensation.
(1)
For the purposes of assessing any such compensation the Commission shall determine—
(a)
The fair commercial value as at the date of the passing of this Act and as in actual operation at that date, of the fleet of vessels owned by the company:
(b)
The amount of capital expenditure incurred by the company, with the approval of the Authority, in the period between the date of the passing of this Act and the date when the bridge first becomes open for public traffic, in maintaining or augmenting its fleet of vessels during that period in such a manner as to ensure the continuance of an adequate harbour ferry service. All capital expenditure incurred by the company for any of the said purposes between the passing of this Act and the date of the first meeting of the Authority shall be deemed to be incurred with the approval of the Authority:
(c)
The residual value as at the date when the bridge first becomes open for public traffic of the fleet of vessels owned by the company at that date. When making its determination under this paragraph, the Commission may take into account both the disposal value of any of its vessels which the company proposes to sell and the value to the company of any of its vessels which it proposes to retain for the purposes of continuing a harbour ferry service:
(d)
The portion of the amounts determined pursuant to paragraphs (a) and (b) of this subsection which the company has been able to recover by means of—
(i)
The residual value determined pursuant to paragraph (c) of this subsection;
(ii)
The amount of any special depreciation reserve established by the company and existing at the date of the passing of this Act by way of provision for loss anticipated to arise in consequence of the operation of the bridge; and
(iii)
The fares charged to the public during the period intervening between the passing of this Act and the date when the bridge first becomes open for public traffic.
(2)
The amount of compensation payable to the company under this Part of this Act shall be the sum of the amounts determined pursuant to paragraphs (a) and (b) of subsection one of this section, less the amount determined pursuant to paragraph (d) of that subsection.
(3)
Nothing in this Part of this Act shall be deemed to confer upon the company any right to compensation for loss of goodwill.
(4)
The matters referred to in paragraph (a) of subsection one of this section, and any other matters referred to in this section which can at the same time be conveniently determined shall, as soon as practicable after the commencement of this Act, be referred to the Commission.
1949, No. 7
(5)
The right of the company to receive compensation under this Part of this Act shall be conditional upon the company maintaining, at all times during the period between the passing of this Act and the date when the bridge first becomes open for public traffic, an adequate harbour ferry service serving the same localities and traversing the same routes as are served and traversed, at the passing of this Act, by the harbour ferry service owned by the company. For the purposes of this subsection, the company shall be deemed to have maintained an adequate harbour ferry service during any period that it is the holder of a harbour ferry service licence under the Transport Act, 1949, granted in respect of the said localities and routes.
69 Commission may assess claims for compensation by Auckland Harbour Board and employees of company.
(1)
In addition to the powers conferred on it by the foregoing provisions of this Part of this Act, the Commission shall inquire into and assess any claim for compensation made—
(a)
By the Auckland Harbour Board in respect of loss incurred by the Board on account of expenditure incurred by it, during the period between the date of the commencement of this Act and the date when the bridge is first open for public traffic, in the provision, during that period, of vehicular and passenger landing facilities necessary for the carrying on by the company of an adequate harbour ferry service; and
(b)
By any employee of the company in respect of loss of employment caused by the curtailment on account of the opening of the bridge for public traffic of the harbour ferry service carried on by the company.
(2)
Any claim made by an employee of the company under this section may, if the employee is a member of the Devonport Ferry Company’s Employees’ Industrial Union of Workers, be made by that union on his behalf.
70 Any compensation found payable under this Part of this Act to constitute debt due by Authority.
Any compensation found by the Commission in accordance with this Part of this Act to be payable by the Authority shall, as from the date of any such finding (being not earlier than the date of the first opening of the bridge for public traffic), constitute a debt due by the Authority to the person to whom the compensation is found to be payable, and shall, together with interest thereon from the date of the said opening until the date of payment at the rate of four and a half per cent per annum, be recoverable accordingly in any Court of competent jurisdiction.
Part VIII Miscellaneous
71 Payment of preliminary expenses.
Any costs incurred before the commencement of this Act by the Crown or by the Auckland Harbour Bridge Committee appointed on or about the nineteenth day of April, nineteen hundred and fifty, in connection with the preparation of surveys, plans, or reports, or in obtaining expert advice, or in travelling expenses, or in connection with any other matter, in respect of the proposed bridge may be paid by the Authority out of its funds or out of the proceeds of any loan raised by the Authority.
72 Contracts of Authority.
(1)
Any contract which, if made between private persons, must be by deed shall, if made by the Authority, be in writing under the seal of the Authority.
(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 the Authority, be in writing signed on behalf of the Authority by some person duly authorized in that behalf.
(3)
Any contract which, if made between private persons, may be made orally may be similarly made by or on behalf of the Authority.
(4)
Notwithstanding anything in the foregoing provisions of this section, no contract made by or on behalf of the Authority shall be invalid by reason only that it was not made in the manner provided by this section if it was made pursuant to a resolution of the Authority or to give effect to a resolution of the Authority.
73 Superannuation and other benefits for employees.
(1)
The Authority shall be deemed to be a local authority for the purposes of the Local Authorities Superannuation Act, 1908, section six of the Finance Act (No. 2), 1941, and the National Provident Fund Act, 1950.
1941, No. 27 1950, No. 55
(2)
The Authority may from time to time pay by way of subsidy such sums as it thinks fit to the funds of any sick, death, or funeral benefit society or other like institution established by its employees, or any section of them, the benefits of which are confined to such employees and their dependants.
74 Unauthorized expenditure.
The Authority may in every financial year out of the General 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 cent of the gross receipts of the Authority for that year, exclusive of loan moneys, nor, in any case, to more than one thousand pounds or such greater amount as may be approved by the Minister of Finance.
75 Inspection of bridge.
The Minister may cause the bridge to be inspected, and a report to be made upon its condition, at least once in every twelve months at the expense of the Authority. Every such report shall set forth any work or other matters requiring attention.
76 Minister may require work to be done.
(1)
Upon receipt of a report under section seventy-five of this Act, the Minister may, by notice in writing, require the Authority to do such work or attend to such matters within such period as he thinks fit, and the Authority shall, within that period, do any such work or attend to those matters.
(2)
The Minister may, if he considers it necessary or desirable so to do, order that the bridge be closed to traffic, or limited as to traffic until any such work has been done or any such matters have received attention.
(3)
If the Authority fails or neglects to comply with the requirements of the Minister, he may cause the work to be done, and recover from the Authority as a debt due to the Crown the cost incurred in so doing.
77 Penalty for non-compliance.
For every day or part of a day that the Authority fails to comply with any requirements of the Minister under section seventy-six of this Act, the Minister may, in his discretion, impose upon the Authority a penalty not exceeding fifty pounds a day, which penalty may be recovered in any Court of competent jurisdiction as a debt due to the Crown.
78 Government works not to be interfered with.
(1)
Nothing in this Act shall—
(a)
Authorize the Authority to interfere with any public work executed or carried on by, or under the control of, the Government without the previous consent and approval of the Minister or, if the work is being executed or carried on by, or under the control of, some other Minister, of that other Minister; or
(b)
Prejudice or affect any power or authority vested in His Majesty, or in the Governor-General, or in any Minister or other person on behalf of His Majesty or the Governor-General, under any Act authorizing the erection, construction, carrying on, or maintenance of any work.
(2)
In giving any consent or approval under subsection one of this section the Minister, or such other Minister as aforesaid, may impose such conditions as he thinks fit for the protection and safety of the public work.
79 Rent to be paid to Authority for watermains, &c.
(1)
The cost of providing, installing, and maintaining any watermains, gas pipes, electric light or telephone wires, or electric power cables to be carried by the bridge shall be paid by the person or authority by whom or at whose request they are installed; and where any such mains, pipes, wires, or cables are so carried by the bridge there shall be paid to the Authority for the use of the bridge for any such purposes such annual amount as may be agreed upon by the Authority and the other person or authority concerned.
(2)
If no such agreement can be arrived at, then the question shall be referred to arbitration, and for that purpose this section shall be deemed to be a submission within the meaning of the Arbitration Act, 1908, and the reference shall be deemed to be to two arbitrators.
80 Advertising matter prohibited.
No advertising matter of any description shall be placed or fixed on any part of the structure of the bridge so as to be visible to persons off the bridge.
81 Disputes to be referred to arbitration.
Ibid., p. 346
All disputes arising from time to time between the Authority and any local authority, as to the carrying out and observance of any of the provisions of this Act, shall be referred to arbitration in accordance with the provisions of the Arbitration Act, 1908.
82 Offences.
(1)
Every person commits an offence against this Act who without lawful excuse acts in contravention of or fails to comply in any respect with any provision of this Act or of any regulations or by-laws thereunder.
(2)
Every person who commits or attempts to commit, or does any act with intent to commit, or counsels, procures, aids, abets, or incites any other person to commit, any offence against this Act or against any regulations or by-laws made under this Act shall be liable on summary conviction, where no specific penalty is elsewhere provided, to a fine not exceeding one hundred pounds.
83 Regulations.
(1)
The Governor-General from time to time, by Order in Council, may make regulations for any purpose for which regulations are contemplated or required by this Act, and may make all such other regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.
(2)
All regulations under this Act shall be laid before Parliament within twenty-eight days after the making thereof if Parliament is then in session, and if not, shall be laid before Parliament within twenty-eight days after the commencement of the next ensuing session.
"Related Legislation
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Versions
Auckland Harbour Bridge Act 1950
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