The Council may from time to time, for the purpose of providing, establishing, completing, extending, maintaining, repairing, or working any public works of any description, or of purchasing or otherwise acquiring any land or building, or of engaging in or contributing to any undertaking for the benefit either of the whole district or of any ward or defined portion of the district, by special order make any rates (in this Act referred to as separate rates), and may levy those rates within the whole district, or, as the case may be, within the ward or portion receiving the benefit as aforesaid.

The total amount of all such separate rates made in any one year within the whole district or within any ward or defined portion of the district shall not exceed three farthings in the pound on the total capital value of the rateable property in the district or ward or portion, as the case may be, or its equivalent on the unimproved value or annual value.

The power conferred on the Council by section ninety-three of this Act to make any separate rate may be exercised by the Council upon a petition signed by a majority of such of the electors of the district, or, as the case may be, of the ward or portion of the district in which the rate is to be levied, as are enrolled in respect of a freehold or rating qualification, or, in the discretion of the Council, may be exercised without any such petition:

“Provided that, where the Council proposes to exercise that power without any such petition, a poll of such of the electors of the district, or, as the case may be, of the particular portion of the district proposed to be rated, as are so enrolled shall be taken on the proposal to make and levy the rate where—

and the rate shall not be made and levied unless a majority of the valid votes recorded at the poll are in favour of the proposal.”

In every district giving a water supply under the provisions of Part XVII of this Act, the Council may make and levy water rates in accordance with this section.

In respect of the ordinary supply within the meaning of any bylaw defining the same, water rates may be made and levied as follows:

Instead of levying a rate under subsection two of this section, the Council may, by special order, decide to make and thereafter may make charges in respect of the ordinary supply of water, according to the quantity of water consumed by any person receiving the same as measured by meter, of such amount as may from time to time be fixed by resolution in that behalf publicly notified, or as may be agreed on with any such person.

In every district giving a water supply under the provisions of Part XVII of this Act, the Council may make charges in respect of the extraordinary supply within the meaning of any bylaw defining the same (whether according to the quantity consumed or otherwise) of such amount as may from time to time be fixed by resolution in that behalf publicly notified, or as may be agreed on with any person receiving that supply.

Where under the provisions of section ninety-five or section ninety-six of this Act the Council fixes charges in respect of the ordinary or extraordinary supply of water according to the quantity consumed, the Council may fix a minimum charge in respect of the ordinary supply, not exceeding one pound a year, and, in respect of the extraordinary supply, such minimum charge as may be specified in the resolution or agreement under section ninety-six of this Act.

In respect of the use of any water meter, the Council may make such annual charges as are fixed by resolution from time to time in that behalf publicly notified.”

The Council may make and levy an annual drainage rate on all rateable property situated within the district and served, either directly or through a private drain, by a public drain, not exceeding a rate equal to three-eighths of a penny in the pound on the capital value of that rateable property, or its equivalent on the unimproved value or annual value:

“Provided that, if that rate would produce less than one pound in respect of any such property, a rate of not more than one pound may be made and levied.

The proceeds of the rate shall be available only for the purpose of the maintenance and extension of public drains of the district or the payment of annual charges on any loans raised in connection with the drainage system of the district.”

The Council may from time to time, instead of levying any special rates made, whether before or after the commencement of this section, over the whole of the district or over any defined portion or portions thereof, by special order, make a rate on a uniform basis for the whole district (in this section referred to as a consolidated special rate) on all rateable property within the district of an amount calculated to yield ten per cent more than the annual charges payable in respect of the loans secured by those special rates; and that consolidated special rate shall be an annually recurring rate, and may be levied, in whole or in part, year by year without further proceeding by the Council:

“Provided that nothing in this section or in any special order made thereunder shall affect the liability of the Crown for the payment of any special rates in accordance with the provisions in that behalf of section one hundred and thirty-one of the Local Authorities Loans Act 1956.

The powers conferred on the Council by subsection one of this section shall extend so as to apply in respect of special rates made, whether before or after the commencement of this section, by any other local authority over any area which at the commencement of this section is or may hereafter become part of the district.

Every special order made under this section shall specify the several special rates instead of which the consolidated special rate is made, and shall be published in the Gazette.

Nothing in this section shall prejudicially affect the security afforded by any special rate to the holders of any securities.

The proceeds of a consolidated special rate made and levied under this section shall be applied for the purposes of the several rates instead of which the consolidated special rate was made.”

The Council may from time to time expend such sums as it thinks fit in the purchase of a mayoral chain and badge of office, robes, and civic insignia of any kind.”

The Council may from time to time expend such sums as it thinks fit in holding public ceremonies in the district in connection with the granting of certificates of naturalisation or registration as British subjects and New Zealand citizens.”

The Council may erect on the footway of any street a shelter for use by intending bus or trolley-bus passengers:

“Provided that no such shelter may be erected so as unreasonably to prevent access to any land having a frontage to the street.

The Council shall give notice in writing of its proposal to erect any bus or trolley-bus shelter under this section to the occupier and, if he is not also the owner, to the owner of any land the frontage of which is likely to be injuriously affected by the erection of the shelter, and shall not proceed with the erection of the shelter until after the expiration of the time for appealing against the proposal or, in the event of an appeal, until after the appeal has been determined.

Any person on whom such a notice has been served may, within fourteen days after the service of the notice, appeal against the proposal to the Town and Country Planning Appeal Board.

Every such appeal shall be made and be heard and determined by the Board in the manner prescribed by the Town and Country Planning Act 1953 and the regulations under that Act, and the decision of the Board thereon shall be final and be binding on the Council and the appellant.”

Where under section two hundred and three of this Act the Council grants its consent to the construction of any cellar, it may grant its consent subject to a condition that neither the owner nor the occupier nor their successors in title shall be entitled to claim against the Corporation for any damage caused to the cellar or any property therein arising, whether directly or indirectly, from any defect in any water-supply system, sewerage system, or other public-utility service under the control of the Council.

As soon as conveniently may be after the passing of a resolution by the Council granting its consent to the construction of a cellar subject to the conditions specified in subsection one of this section, the Council shall send a copy of the resolution, authenticated by the Council, to the District Land Registrar or the Registrar of Deeds, as the case may require, who shall deposit the same in his office and register against the title to the land a memorandum under his hand that the land is subject to those conditions.”

Where the Council incurs any expenditure in enclosing and covering in any watercourse under the powers conferred by section two hundred and nineteen of this Act, then and in every such case each owner of land benefited or likely to be benefited from the enclosing and covering in of the watercourse shall pay to the Council on account of betterment such sum or sums of money as may represent the increased value thereby given, or likely to be given, to his land.

The several amounts to be paid to the Council as aforesaid shall be ascertained in manner provided by the Public Works Act 1928, or in a manner as near thereto as in the opinion of the Land Valuation Court the circumstances of each case will admit, but so that the Council shall be the claimant and the owner or the several owners of lands so benefited or likely to be benefited as aforesaid shall be the respondents. Claims under this section may be made in the form numbered (1a) in the Seventh Schedule to this Act.

The provisions of subsections three, four, five, six, nine, and ten of section one hundred and ninety-two of this Act (relating to betterment contributions due to street widening), as far as they are applicable and with the necessary modifications, shall apply with respect to claims for betterment under this section as if it was a claim for betterment under the said section one hundred and ninety-two, and as if the reference in subsection three of the said section one hundred and ninety-two to the widening of a street or part of a street was a reference to the enclosing and covering in of a watercourse.

The memorandum of charge executed by any respondent under subsection six of the said section one hundred and ninety-two, as so applied, shall, when registered, bind the property therein described.

Any such charge may be registered in the Land Registry Office or in the Deeds Register Office of the land registration district wherein the land affected thereby is situate.”

The Council may make advances to the owner of any land for the purpose of enabling him to do all things necessary to remove any obstruction from any watercourse on or passing through his land or to improve or to enclose and cover in any such watercourse.

Instead of making an advance as aforesaid to any owner, the Council may, by agreement with him, itself do such things as aforesaid, and all money expended by the Council pursuant to that agreement, together with a sum equal to five per cent of the amount so expended by the Council to cover the cost of supervision by the servants of the Council, shall be deemed to be an advance for the purposes of this section.

The provisions of subsections two and three of section two hundred and twenty-nine and of section two hundred and thirty-one of this Act (relating to advances in respect of the cost of drainage connections), as far as they are applicable and with the necessary modifications, shall apply with respect to every advance under this section, as if it was an advance under the said section two hundred and twenty-nine.”

The Council may, by notice in writing under the hand of the Mayor or Chairman, as the case may be, or the Town Clerk, require the occupier or, in any case where there is no occupier, the owner of any land within the district to cut down or remove any tree on that land the roots of which in the opinion of the Council enter or are likely to enter any public drain.

Within twenty-eight days after the service of the notice, the occupier or owner, as the case may be, may object in writing to the Council against the requirements of the notice, and the notice shall thereupon be deemed to be suspended pending the determination of the objection or, where application is made to the Court to confirm the notice, pending the decision of the Court.

Where any such objection is received by the Council, the Council shall forthwith inquire into and dispose of the objection.

Where on inquiry into the objection the Council reaffirms its requirements, it may enter into an agreement with the occupier or owner, as the case may be, for the cutting down or removal of the tree at the expense, in whole or in part, of the Council.

Where the Council reaffirms its requirements and no such agreement has been entered into, the Council shall apply to a Magistrate’s Court for an order confirming the notice.

On the hearing of the application, the Court, whose decision shall be final, may—

Where—

the Council may enter upon the land and do that act and recover the cost from him.

The said cost shall be a charge on the land.”

The Council may make advances to the owner of any premises for the purpose of enabling him to do all things necessary (including the provision of pipes, fittings, appliances, and meters) to connect those premises with any water-supply system of the district.

Instead of making an advance as aforesaid to any owner, the Council may, by agreement with the owner, itself do all such things as aforesaid, and all money expended by the Council pursuant to that agreement, together with a sum equal to five per cent of the amount so expended by the Council to cover the cost of supervision by the servants of the Council, shall be deemed to be an advance for the purposes of this section.

The provisions of subsections two to six of section two hundred and twenty-nine and of sections two hundred and thirty and two hundred and thirty-one of this Act (relating to advances in respect of the cost of drainage connections), as far as they are applicable and with the necessary modifications, shall apply with respect to every advance under this section as if it was an advance under the said section two hundred and twenty-nine, and as if references in those sections to drainage works and to drainage and sanitation were references to waterworks and to the supply of water, respectively.”

Where any person holding any land in the district proposes to subdivide the same, a plan of the subdivision, showing the several allotments and their dimensions, and the streets and reserves (if any) proposed to be made, shall be prepared by a registered surveyor and approved by the Council before the subdivision is made:

“Provided that in any case where the proposed subdivision is the division of any land into not more than two parts the plan required by this section need not, if the Council so approves, be prepared by a registered surveyor.

Every person commits an offence who subdivides any land in the district otherwise than in accordance with a plan of subdivision approved by the Council, or, in case of an appeal, in accordance with a plan of subdivision approved by the Town and Country Planning Appeal Board under section three hundred and fifty-one h of this Act, and is liable to a fine not exceeding one hundred pounds:

“Provided that no person, being the owner of any land, shall be deemed to commit an offence against this subsection by reason merely of the fact that he makes application for the issue to him of a separate certificate of title for any part of the land.

Nothing in this section shall be deemed to render any agreement to sell, lease, or otherwise dispose of any land illegal or void by reason only that it is entered into before a plan of subdivision has been approved under this section, but the agreement shall be deemed to be made subject to a condition that approval of a plan of the subdivision will be obtained under this section.

A contravention of any provision of this section shall not invalidate or be deemed to have invalidated any instrument intended to affect or evidence the title to any land.

Where any plan of subdivision is submitted to the Council for its approval, the Council may—

Without limiting the grounds upon which the Council may decide that the land is not suitable for subdivision, the Council in deciding, pursuant to paragraph (a) of subsection one of this section, whether any land is suitable for subdivision shall take into consideration any danger that may exist of the land being eroded or inundated by the sea or by a river or lake, and, if the Council is of opinion that the danger is such as to render the land unfit for subdivision for building purposes, it may refuse to approve the plan or, before approving the plan, require the owner to make such provision for the protection of the land from erosion or inundation as the Council thinks fit.

Notwithstanding anything in paragraph (c) of subsection one of section three hundred and fifty-one A of this Act, the Council, instead of requiring the owner to make provision or further provision for the construction of streets or to complete the work of making new streets shown on the plan, may agree with the owner that the Council will carry out the work of constructing the streets or making the new streets in consideration of the owner transferring to the Council part of the land in the subdivision or any other land.

Notwithstanding anything in paragraph (c) of subsection one of section three hundred and fifty-one a of this Act, where in the opinion of the Council it is undesirable or unnecessary to require the owner to make provision for the making of reserves for public recreation or enjoyment, the Council may in lieu thereof make it a condition of approval that a sum of money be paid to the Council within such time as it may specify, and may require the owner to enter into a bond for the due payment of the amount payable as aforesaid.

All money so received by the Council hall be paid into a separate account, and shall be applied for the purchase of land to be held as public reserves subject to the provisions of the Reserves and Domains Act 1953 and the improvement and development of public reserves subject to the provisions of that Act, or for the improvement and development of other land (not being public reserves) as pleasure grounds or sports grounds, and so far as possible shall be so applied for the purchase of land or the improvement or development of public reserves or other land in the locality in which the land included in the plan of subdivision is situated.

Where any such money is applied in the improvement or development of any land (not being a public reserve) as a pleasure ground or sports ground, the land shall thereafter be held in trust by the Council for those purposes.

Where the Council approves a plan of subdivision subject to any condition specified in subparagraph (i) or subparagraph (ii) of paragraph (e) of subsection one of section three hundred and fifty-one a of this Act, the District Land Registrar or the Registrar of Deeds shall not deposit in the Land Registry Office or in the Deeds Register Office, as the case may be, the plan of the subdivision until he is satisfied that the conditions have been complied with as fully as may be possible in that Office.

Where the District Land Registrar is of opinion that it is not practicable to issue one certificate of title as required by the conditions referred to in subsection one of this section, the Council may revoke the condition that one certificate of title be issued to include the several parcels of land and substitute in its place a condition that the owner of those parcels of land enter into an agreement with the Council that he will not, without the consent of the Council, transfer or lease any parcel of land or any part thereof except in conjunction with the other or others. Every such agreement shall be deemed to create an interest in each parcel of land for the purposes of section one hundred and thirty-seven of the Land Transfer Act 1952, and shall be deemed to be a covenant running with the several parcels of land, and shall bind subsequent owners accordingly.

When the conditions referred to in subsection one of this section have been complied with, the separate parcels of land included in one certificate of title by virtue thereof shall not be capable of being disposed of individually or of again being held under separate certificates of title, except with the consent of the Council, and the District Land Registrar on the issue of the certificate of title shall enter thereon a memorandum that the land therein is subject to this subsection.

Where the Council approves a plan of subdivision conditionally on any specified easements shown on the plan being duly granted or reserved, the following provisions shall apply:

Where the Council is of the opinion that any land comprising part of or adjoining the land being subdivided may be utilised or required in the future for a street, it may approve the plan of subdivision subject to the imposition of a building-line restriction requiring that, when new buildings are erected or any buildings are rebuilt or re-erected or are substantially rebuilt or re-erected on any allotment in the subdivision likely to have a frontage to that future street, no part of any such buildings shall stand within such distance from the side line of that future street as the Council specifies, being not more than fifteen feet.

Any such condition as aforesaid shall be shown or referred to on the plan of subdivision and, where necessary, shall be more fully described in the resolution of the Council approving the plan which shall be referred to on the plan

Where a plan of subdivision has been approved subject to a condition imposing a building-line restriction, the restriction shall be fully described in the resolution of the Council approving the plan, and the Council shall forward an authenticated copy of the resolution to the District Land Registrar or Registrar of Deeds, as the case may require, who shall deposit the copy in his office and register against the title to all land affected thereby a memorandum under his hand that the land is subject to the restriction. Registration as aforesaid shall affect with notice of the restriction all persons then having any estate or interest in the land and their successors in title.

Where a building-line restriction is imposed on any land under the provisions of this section, and, on the subsequent laying off of the street, any building-line restriction is imposed on that land under any other provision of this Act or under any other enactment, the first-mentioned building-line restriction shall be deemed to be cancelled, and the District Land Registrar or Registrar of Deeds, as the case may be, is hereby authorised to amend his records accordingly.

In any case where at the date of the inclusion in the district of any land that was formerly included in a county or dependent town district any unformed road forms part of the land and, on any application for the approval of the Council to a plan of subdivision of any land having a frontage to that unformed road, the Council considers that the unformed road will require to be formed for use as a street, the Council may, as a condition of its approval,—

Any person aggrieved by the decision of the Council under section three hundred and fifty-one or section three hundred and fifty-one a or section three hundred and fifty-one C or section three hundred and fifty-one f or section three hundred and fifty-one G of this Act may appeal in the prescribed manner to the Town and Country Planning Appeal Board constituted under the Town and Country Planning Act 1953, and the decision of that Board shall be final.”

No person shall—

Where, pursuant to bylaws made under paragraph fourteen of section three hundred and eighty-six of this Act, the Council issues a permit for the erection of any temporary building, the permit may be issued subject to such conditions as the Council considers necessary to ensure that the building will be removed at or before the expiration of the period specified in the permit, including the provision of a bond or the payment of a sum of money as security for that purpose or the entering into an agreement for that purpose.

Every such bond or agreement shall be deemed to create an interest in the land for the purposes of section one hundred and thirty-seven of the Land Transfer Act 1952, and shall be deemed to be a covenant running with the land and shall bind subsequent owners accordingly.”