This Act may be cited as the Auckland Metropolitan Drainage Act 1960.

(1) In this Act, unless the context otherwise requires,—

(2) The terms occupier, owner, property, and rateable value, shall in this Act have the meanings assigned to them in section two of the Municipal Corporations Act 1954.

(3) For the purposes of this Act, the contents of any drain serving trade premises shall be deemed to be domestic sewage if the drain concerned is used or intended to be used for the conveyance of domestic sewage with or without surface water only; the whole of the contents of any drain to which trade wastes are being discharged shall be deemed to be trade wastes; and any drain to which trade wastes, in addition to domestic sewage or condensing water or subsoil water or surface water, are being or may be discharged shall be deemed to be a trade wastes drain.

(4) Where for the purposes of this Act it is necessary to ascertain or calculate the rateable capital value or population of any area, such value or population, as the case may be, shall upon receipt of a written request from the Board, be ascertained or calculated by the Valuer-General or the Government Statistician, as the case may be, as at a date or dates as near as reasonably practicable to the date of the receipt of the request.

There is hereby constituted for the purposes of this Act a district, to be called the Auckland Metropolitan Drainage District, comprising: the City of Auckland; the Boroughs of Mount Eden, Mount Albert, Newmarket, One Tree Hill, Onehunga, Otahuhu, Ellerslie, Mount Roskill, Mount Wellington, Papatoetoe, New Lynn, Henderson, Manurewa, Papakura, Glen Eden, and Howick; portions of the Counties of Waitemata and Manukau; and the islands in Waitemata Harbour known as Motukorea or Brown's Island, Pollen Island, and Traherne Island, all of which areas are shown on a plan deposited in the office of the Chief Surveyor at Auckland under Number SO 36183, and thereon edged orange and green, and are more particularly described in Schedule 1 hereto.

(1) The combined districts comprising the City of Auckland, the Boroughs of Mount Eden, Mount Albert, Newmarket, One Tree Hill, Onehunga, Ellerslie, Mount Roskill, Mount Wellington, Otahuhu, Papatoetoe, New Lynn, Henderson, Glen Eden, Manurewa, and those portions of the Counties of Manukau and Waitemata described in Schedule 3 hereto constitute the Inner Area of the drainage district.

(2) The Borough of New Lynn shall be deemed to have been incorporated in the Inner Area as from the first day of April, nineteen hundred and fifty-eight, and the Boroughs of Henderson, Glen Eden, Manurewa, and the portions of the Counties of Manukau and Waitemata described in Schedule 3 hereto shall be deemed to have been incorporated in the Inner Area as from the first day of April, nineteen hundred and fifty-nine. As from the first day of April, nineteen hundred and sixty-one, the Borough of Howick and those portions of the Manukau County described in Schedules 4 and 5 hereto shall become and form part of the Inner Area.

(3) Those portions of the drainage district which for the time being are not included within the Inner Area shall together comprise the Outer Area of the drainage district.

(4) The local authorities of the several districts for the time being comprising the Inner Area are hereby designated as the constituent authorities of the drainage district.

(1) The Governor-General may from time to time, by Order in Council, on the petition of the Board presented with the consent of the local authority whose district or portion of whose district comprises the area concerned, declare any area within the Outer Area of the Drainage District to be a Special Area under a name to be specified in the Order in Council.

(2) The cost of any drainage works (whether main sewerage works or sewage reticulation works) carried out by the Board for the benefit of a Special Area, and all costs and expenses in connection with the planning, maintenance, and operation of such drainage works, less such portion (if any) as may be met immediately by the local authority concerned, may be raised by the Board by special loan; and the amounts payable in respect of permanent appropriations for payment of interest and the creation of a sinking fund or for periodical repayments on account of any such loan shall be separately ascertained and charged and assessed by the Board to the local authority of the Special Area for the benefit of which the loan was raised, and the amount of each payment due under the loan shall be paid to the Board upon receipt of written notice thereof.

(3) The provisions of sections sixty-seven to seventy-one of this Act shall, with the necessary modifications, apply to any payment due under any such loan as though the payment were an assessment immediately payable in one sum.

(4) Should a Special Area at any time be brought by Order in Council within the boundaries of the Inner Area, it shall thereupon cease to be a Special Area, and the Governor-General may, pursuant to subsection four of section eight of this Act, make provision with respect to any balance then owing in connection with any such loan.

(1) The areas described in Schedule 2 to this Act shall be regarded as being within the sphere of influence of the Board.

(2) The Governor-General may from time to time, by Order in Council, alter the extent of the sphere of influence so as to include therein or exclude therefrom any area that in his opinion should be included in or excluded from the sphere of influence, as the case may be.

The extent of the drainage district, as defined in section three of this Act, shall in no way be affected by any subsequent extension or reduction in the area of any local authority whose district or part of whose district is included in the drainage district, or by any change in the status of any such local authority, or by the amalgamation or merger of two or more local districts, or by any change in the functions of any local authority:

Provided that if any area adjacent to the boundary of the drainage district is transferred from any county or harbour to form part of a city or borough, within the drainage district, that area shall be deemed as from the date of transfer to have been incorporated in the drainage district.

(1) The Governor-General may from time to time, by Order in Council, on the petition of the Board or of any contributing authority, alter the boundaries of the district or of the Inner Area, so as to include therein or exclude therefrom any area that in his opinion should be so included or excluded, as the case may be.

(2) Such petition shall be publicly notified by means of an advertisement which shall be published at least once in a daily newspaper in general circulation in the district, and which shall state the purpose of the petition, describe the area to which the petition relates, and specify a date (being a date not earlier than one month after the date on which such advertisement is first published) before which all objections shall be lodged with the Minister of Internal Affairs and a copy thereof with the Board.

(3) If any objections to the proposed alterations are lodged as aforesaid, the Governor-General may appoint any person or persons to be a Commission of Inquiry, under the Commissions of Inquiry Act 1908, to inquire into and report upon the said proposals:

Provided that, instead of appointing any such person or persons to be a Commission of Inquiry in the manner and for the purposes aforesaid, the Governor-General may direct the Local Government Commission constituted under the Local Government Commission Act 1953 so to inquire into and report upon the said proposals:

Provided also that no question of the main drainage being under the control of the Board shall be at issue in any such inquiry under the foregoing provisions of this subsection.

(4) The Governor-General may, in any Order in Council made under this section, make such provision with regard to the adjustment or method of determination of the financial obligations or the assessment of the several contributing authorities within the drainage district affected by the Order in Council as he deems necessary and equitable.

(5) The Governor-General, in making any such alteration of boundaries, may make provision for equitable representation on the Board of all contributing authorities within the drainage district including, if he thinks fit, an alteration in the number of the members of the Board.

(1) There shall be for the district a drainage board which shall be a body corporate under the name of the Auckland Metropolitan Drainage Board and shall have perpetual succession and a common seal, with power to purchase, take on lease, hold, deal with, and dispose of by sale, lease, or exchange real and personal property, and to do and suffer all that bodies corporate may lawfully do and suffer.

(2) The Board shall be deemed to be a local authority under the Public Works Act 1928, the Local Elections and Polls Act 1953, the Waters Pollution Act 1953, the Health Act 1956, and the Local Authorities Loans Act 1956; and, subject to the express provisions of this Act, the provisions of the said Acts shall extend and apply to the Board.

(1) The Board shall consist of fifteen members, who shall be elected as follows:

• (a) Six members shall be elected by the Auckland City Council:

• (b) One member shall be elected by the Councils of each of the Boroughs of Mount Eden, Mount Albert, Mount Roskill, and Onehunga:

• (c) One member shall be elected by the Councils of the Boroughs of Newmarket and One Tree Hill:

• (d) One member shall be elected by the Councils of the Boroughs of Ellerslie and Mount Wellington:

• (e) One member shall be elected by the Councils of the Boroughs of Otahuhu and Papatoetoe:

• (f) One member shall be elected by the Councils of the Boroughs of Manurewa and Howick and of the County of Manukau:

• (g) One member shall be elected by the Councils of the Boroughs of New Lynn, Henderson, and Glen Eden, and of the County of Waitemata:

  Provided that in each constituency only members of the electing local authorities shall be eligible for election in that constituency.

(2) On the petition of the Board or of any of its contributing authorities, the Governor-General may by Order in Council, from time to time readjust the grouping of the local authorities into constituencies, or alter the number of seats or allocation of seats on the Board, so as to ensure a more equitable representation of the respective interests of the local authorities whose districts or parts of whose districts are for the time being included within the drainage district.

(3) On the petition of the Board or of any of its contributing authorities, the Governor-General may at any time appoint any person or persons to be a Commission of Inquiry under the Commissions of Inquiry Act 1908 to inquire into and report on the allocation of seats on the Board, or direct the Local Government Commission so to inquire and report.

(1) In the month of January in the year nineteen hundred and sixty-three and in the month of January in every third year thereafter, in each case on a day fixed by the Board in that behalf—

• (a) The Auckland City Council shall elect six of its members to be members of the Board:

• (b) The other local authorities of the Inner Area shall elect a total of nine members of the Board as provided in paragraphs (b) to (g) of subsection one of section ten of this Act.

(2) With respect to every election of members by groups of local authorities pursuant to paragraph (b) of subsection one of this section the Board shall make all necessary arrangements for and conduct such election, and each local authority shall be entitled to nominate one candidate for its own constituency, and the voting powers of the local authorities in each constituency shall be determined according to the mean proportion of the rateable value and population of the local districts in the constituency. Any question arising as to the relative voting powers of any local authorities shall be settled by the Board.

(1) Every member of the Board elected under the last preceding section shall come into office on the day following that on which he is elected, and, unless his office sooner becomes vacant, shall continue in office until members elected at the next election under that section come into office.

(2) Every member elected or appointed to fill any extraordinary vacancy occurring on the Board shall come into office on the day following that on which he is elected or appointed and shall hold office only for the residue of the term for which his predecessor was elected or appointed.

(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 Secretary or Chairman of the Board, or is ousted of his office; or

• (c) Is absent without leave from four consecutive ordinary meetings of the Board; or

• (d) Ceases to have the qualification by virtue of which he was elected by a local authority or authorities, but in any such case he shall continue in office until his successor is elected or appointed.

(2) If any person does an act as a member after his office has become vacant under this section, he shall be liable to a fine of one hundred dollars.

(3) Any vacancy occurring under this section shall be deemed an extraordinary vacancy.

In the event of an extraordinary vacancy occurring within three months before the month fixed for the next election of members of the Board the same may be filled by the Board, and in other cases an election shall be held by the local authority or authorities represented by the member whose seat has been vacated.

(1) Upon proof in the first instance, by affidavit or otherwise, that any member of the Board is or has become incapable under this Act of holding his office, any District Court in the district 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 District 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 District Court under this section.

(5) No question which may be tried under this section shall be tried in the High Court; and no proceedings in the District Court hereunder shall be removable into the High Court, by certiorari or otherwise.

(1) The Board shall at its first meeting, following the election of a new Board, appoint one of its members to be Chairman of the Board.

(2) At every meeting for the election of Chairman, the Secretary shall preside while the Chairman is being elected, or if there shall be no Secretary, then some person appointed by the Board, not being a member of the Board, shall so preside, and in the case of an equality of votes, shall determine the election by lot in such manner as the Board determines.

(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 Secretary, 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 Secretary shall forthwith convene a meeting of the Board for the election of a fresh Chairman.

(5) The Board may from time to time appoint one of its members to be Deputy Chairman either for a specified period or until the next annual meeting of the Board.

(1) The Board is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.

(2) The Board may pay to the Chairman of the Board remuneration by way of fees, salary, or allowances in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.

(3) The Board may pay to the Chairman and to the members of the Board or of any committee thereof travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.

(1) The Board may from time to time appoint standing or special committees consisting of two or more persons, and may refer to any such committee 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 conferred or imposed upon the Board except the power to borrow money, to make a rate, to make a bylaw, to institute an action, or to make assessments upon contributing authorities; and may delegate to any such committee in accordance with the provisions of section four of the Public Bodies Contracts Act 1959 any power of the Board to enter into a contract.

(2) It shall not be necessary that any person appointed to be a member of a committee under this section shall be a member of the Board.

(3) The Board may appoint a member of any committee to be the permanent Chairman thereof, and such power may be exercised by the committee where the Board, on the appointment of the committee, does not appoint a Chairman. Any committee may from time to time appoint a Deputy Chairman to act in the absence of the Chairman.

(4) The Board 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.

(5) Every committee shall, unless sooner discharged by the Board, be deemed to be discharged on the coming into office of the members elected at the general election of the whole Board next after the appointment of the committee.

(6) 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.

(7) 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.

At every meeting of the Board the Chairman if present or, in his absence, the Deputy Chairman (if any) shall be the Chairman. If the Chairman and the Deputy Chairman (if any) are absent from any meeting of the Board, then such member as the members of the Board then present shall choose shall be the Chairman of such Board meeting.

(1) A quorum of the Board shall consist of eight members.

(2) The Board may fix the quorum of any committee appointed by it, and in default of its so doing the committee may fix the quorum.

(3) A meeting shall be duly constituted if a quorum is present thereat, whether voting or not.

(4) No business shall be transacted at any meeting of the Board or of any committee unless at least a quorum of members is present thereat during the whole of the time at which the business is transacted.

(1) All acts of the Board and of any committee, and all questions before the Board or any committee, may be done and decided at a meeting of the Board or committee by the majority of such members of the Board or committee as are present and vote at such meeting.

(2) The Chairman of any meeting of the Board or of any committee shall have a deliberative vote, and in case of equality of votes shall have a casting vote also.

No act or proceeding of the Board or of any committee or of any person acting as a member of the Board shall be invalidated in consequence of there being a vacancy in the number of the Board at the time of such act or proceeding, or of the subsequent discovery that there was some defect in the election or appointment of any person so acting, or that he was incapable of being such member.

(1) The Board shall hold such ordinary meetings at such times and at such places as it from time to time appoints.

(2) The Chairman or the Secretary 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.

(3) The Board shall hold an annual meeting on such date between the first day of July and the thirtieth day of November in each year as the Board may from time to time decide.

The Board may, by resolution, subject to the provisions of this Act, make rules—

• (a) Regulating the proceedings of the Board and any committee and the conduct of meetings thereof respectively, and the right of persons to attend such meetings:

• (b) Regulating the adjournment and postponement of meetings of the Board, and the manner in which resolutions may be revoked or altered:

• (c) Prescribing the form and the mode and time of service of notices of meetings:

• (d) Regulating debates:

• (e) Providing for the calling of special meetings, and the notice to be given to members:

• (f) Providing for the notice to be given to members of extraordinary business to be transacted at any ordinary meeting:

• (g) Directing minutes to be kept of all proceedings of the Board, and prescribing the mode of confirmation, inspection, and custody of same:

• (h) 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 resolution made or passed under this paragraph shall affect any person acting in good faith, and taking or to take any estate, interest, or advantage under any document having or about to have the common seal affixed thereto:

• (i) Prescribing the powers and duties of officers and servants of the Board:

• (j) Prescribing forms of and in connection with any proceedings of the Board:

• (k) Concerning anything incidental to any of the matters hereinbefore referred to.

The Board may from time to time provide and maintain public offices, within or without 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 purposes, 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.

(1) The Board may, by resolution, from time to time appoint fit persons to be Engineer, Secretary, Treasurer, and all such other officers and servants as it thinks necessary to assist in the execution of this Act, and may pay such persons such salaries and allowances including allowances and travelling expenses in respect of their attendance at any conference or meeting out of the funds of the Board, as it thinks fit.

(2) One person may hold two or more of such offices.

(3) [Repealed]

(4) Every person appointed to receive any moneys payable to the Board shall give to the Board sufficient approved security for the faithful execution of his office and the duly accounting for all moneys received by him on behalf of the Board:

Provided that, in lieu of or in addition to taking security from any officer, the Board may provide against any losses that may arise in the event of his dishonesty 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.

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 the Board, and any such appointment may be either general or for some occasion only.

(1) The Board may from time to time make bylaws for all or any of the following purposes:

• (a) To regulate the management and use of inlet appliances giving access to the sewers and drains of the Board, including grids, and to prevent the putting of anything into such sewers or drains, or allowing anything to enter such sewers or drains by means of such appliances, save such matters as may be carried in with water entering in the course of the legitimate use of such appliances:

• (b) Regulating sanitary plumbing and drainage throughout the Board's district, and providing for the control of the design, location, construction, and management of septic tanks and other means of disposal of sewage and trade wastes where no public sewer is for the time being available:

  Provided however that no such bylaw shall override or be in conflict with any provision of the Drainage and Plumbing Regulations 1959 in their application to the Board's district except in so far as the bylaw may specify—

  • (i) Requirements of the Board additional to or more detailed than the requirements under the said regulations; or

  • (ii) The nature of the Board's requirements regarding matters which under the said regulations are left to the decision or approval of the various engineers of the local authorities affected:

• (c) Protecting from damage, injury, or misappropriation any property belonging to the Board or controlled by it and situate within or beyond the district:

• (d) For prescribing charges to be paid in respect of connections to the Board's sewers by persons and authorities other than local authorities:

• (e) For the purposes of section forty-four of this Act:

• (f) For any of the purposes more particularly mentioned in section eighty-three of this Act and therein referred to as trade waste bylaws.

(2) The power to make bylaws under this section is additional to and not in substitution for the powers conferred upon the Board under any other provision of this Act or any other Act.

(3) [Repealed]

(4) Any bylaw made by the Board shall within the district over-ride any bylaws on the same subject-matter made by any local authority.

(5) Any local authority may, with the consent of the Board, undertake within its own district the enforcement and administration of any bylaws made by the Board.

(6) With the consent of any local authority, the Board may undertake, within such part of the district of the local authority as is within the drainage district, the administration and enforcement of any regulations that are made under the Health Act 1956 covering the same matters as the Board is empowered by this Act to undertake.

Bylaws of the Board shall be made only in the manner and subject to the conditions following—

• (a) They shall be made only by special order:

• (b) A copy of any proposed bylaw shall be sent by the Board to each of the contributing authorities at least twenty-seven days before the date of the special meeting of the Board at which the resolution making the proposed bylaw is to be submitted:

• (c) They may be amended before confirmation of the special order making the same:

• (d) They shall have the common seal of the Board affixed thereto:

• (e) [Repealed]

• (f) Subject to the next succeeding paragraph, they shall come into force on a day to be named therein or in the special order making the same, being a day not earlier than three months after the making of the special order in the case of bylaws made under paragraph (a) of subsection one of the last preceding section, and not earlier than one month after the making of the special order in the case of bylaws made under paragraph (b) or paragraph (c) of the said subsection one:

• (g) [Repealed]

Every special order made hereunder may be made and proved in the same way, mutatis mutandis, as a special order of a Borough Council is required to be made and may be proved under the Municipal Corporations Act 1954.

The Board may from time to time enter into such contracts with any such persons as it thinks fit for the execution of any works directed or authorised by this Act to be done by the Board or for furnishing materials or for any other thing necessary for the purposes of this Act.

(1) All main sewerage works for the time being under the control of the Board and all portions thereof shall be and the same are hereby vested in the Board:

Provided that this subsection shall not operate and shall be deemed never to have operated so as to vest the fee simple of any land in the Board.

(2) Any debentures and other securities heretofore issued or executed by the Auckland and Suburban Drainage Board and still subsisting shall be deemed to have been issued or executed by the Board, and the provisions of this Act shall apply thereto as if they had been issued or executed by the Board under this Act.

(3) The Sinking Fund Commissioners appointed by the Auckland and Suburban Drainage Board are the Sinking Fund Commissioners of the Board under the title of the Auckland Metropolitan Drainage Board Sinking Fund Commissioners, and the Board and the Commissioners shall respectively have the same rights, powers, and obligations as if the Commissioners had been appointed by the Board.

(1) The Board shall have within the district the sole right to construct, maintain, and manage all main sewers and drains, all main pumping stations, all storage tanks, outfalls, and treatment works for sewage and all other main sewerage works.

(2) The Board may however by resolution permit any local authority or person to construct any temporary treatment works for sewage:

Provided that such works shall be constructed in accordance with plans and specifications prepared or approved by the Board and the Minister of Health at the expense in all respects of the local authority or person concerned; and the Board may in like manner and at the like expense maintain and operate such works or may permit such local authority or person to maintain and operate the same so long as this is done to the satisfaction of the Board and the Minister of Health.

(3) Where any main sewerage works other than works of the nature mentioned in subsection two of this section have been constructed by any local authority in any area which at any time after the thirty-first day of March, nineteen hundred and fifty-eight has been added to or included in the Inner Area the same shall, at the time of such addition or inclusion, be taken over by and vested in the Board at such price and upon such terms and conditions as may be agreed upon between the Board and such local authority or, in the event of their being unable to agree, as may be settled by arbitration under the Arbitration Act 1908:

Provided that if the Board assumes liability for and indemnifies the local authority against payment of the balance for the time being owing under the security for any loan raised for the construction of the main sewerage works affected in full or part satisfaction of the price agreed upon or settled by arbitration (as the case may be), such action of the Board shall be deemed not to constitute borrowing for the purposes of Part 1 of the Local Authorities Loans Act 1956.

(4) Any question which may arise between the Board and any local authority as to whether any existing sewer is or is not a main sewer or main drain, or as to whether any other work (except a work of the nature mentioned in subsection two of this section) is or is not a main sewerage work, shall be settled by arbitration under the Arbitration Act 1908.

The Board may construct, maintain, and operate within or outside the district all such main sewerage works and things as may in the opinion of the Board be advisable for the efficient drainage of the district:

Provided that no such works shall be constructed within the district of any other drainage board except with the consent of that other board, which consent shall not be unreasonably or arbitrarily withheld.

(1) The Board may construct outfall sewers and, subject to the provisions of this Act, discharge effluent from treatment works to tidal waters within or beyond harbour limits.

(2) Subject to compliance with the provisions of the Harbours Act 1950, the construction of any outfall sewer to tidal waters and of any submarine sewer shall be subject to the approval of the Auckland Harbour Board and the Minister of Health as to location, depth, and other details of construction, and such approval shall be obtained before the construction of the said works is commenced.

(3) The Board shall be entitled to occupy, free of rent to any person or corporation, all lands in any harbour adjacent to the drainage district on, over, or under which any of the said sewers or works are constructed or laid.

(4) The Board may, subject to compliance with the provisions of section one hundred and seventy-eight of the Harbours Act 1950, and with the precedent consent of the Auckland Harbour Board, but without obtaining any special Act of Parliament, reclaim any land in any harbour adjacent to the drainage district that may be required by the Board in connection with its drainage operations or which may as the result of such operations be cut off from tidal waters, and any land so reclaimed shall be vested in the Board.

(5) Any land in the Manukau Harbour which may, pursuant to the provisions of subsection four of this section have been reclaimed by the Board in the construction of oxidation ponds, and which it no longer requires for its purposes shall, if the Auckland Harbour Board so desires, be resumed by the Auckland Harbour Board without payment of any consideration or compensation to the Board. To enable effect to be given to this provision, the Board will, if and when any such land is no longer required by it as aforesaid give written notice thereof to the Auckland Harbour Board, and the latter may within six months after receipt of such notice elect by notice in writing to the Board to resume the same. Should the Auckland Harbour Board fail to give any such notice of election as aforesaid it shall have no further rights in respect of the said land. Each of them the Board and the Auckland Harbour Board will at the request and cost of the other of them do, execute, and perform all such acts, deeds, matters, and things as may be necessary to give effect to the foregoing provisions and enable the party entitled to obtain a registered title to the said lands.

(6) In any matter where the consent or approval of the Auckland Harbour Board is required such consent or approval shall not be unreasonably or arbitrarily withheld, and in the event of any dispute or difference arising between the Board and the said Harbour Board as to any such consent or approval or otherwise in connection with the Board's operations such dispute or difference shall be referred to the arbitrament of two abitrators, one to be appointed by each party in difference or their umpire under and in accordance with the provisions of the Arbitration Act 1908.

(7) Notwithstanding the provisions of subsections seven and eight of section thirty-four of the Auckland Metropolitan Drainage Act 1944, the Board and the Auckland Harbour Board shall have power to make and carry into effect such contract or contracts as may be mutually agreed between them in connection with the sewer traversing Hobson Bay in the Waitemata Harbour and any other main sewerage works, embankments, or other works in or about Hobson Bay which may be deemed necessary or desirable, and whether designed for the carrying out wholly or in part of the purposes of this Act, so far as the same are applicable thereto, or of the reclamation of Hobson Bay or portion thereof.

(1) The Board may from time to time, in addition to its powers under the Public Works Act 1928, by itself, its surveyors, engineers, agents, officers, and workmen, exercise the following powers or any of them, and may execute, do, or cause to be executed or done all or any of the following acts, matters, or things:

• (a) Break up the soil of any roads, streets, ways, or footpaths, and excavate and sink trenches and make and construct tunnels and subways for the purpose of laying down, making, constructing, altering, cleansing, maintaining, or repairing main sewerage works:

  Provided that before interfering with any such road, street, way, or footpath the Board, except in cases of emergency, of which the Board shall be the sole judge, shall give two weeks' notice in writing to the local authority having control thereof and shall in any case with all convenient speed reinstate and make good any road, street, way, or footpath that may be broken up or at the option of the local authority, pay to it the cost of such reinstatement and making good:

• (b) Without any previous payment, tender, or deposit,—

  • (i) Enter upon and use any land other than land occupied as a garden or ornamental shrubbery for the purpose of taking any earth, stone, clay, or scoria therefrom:

    Provided that, in the case of lands held for any public purpose within the meaning of subsection two of section two of the Reserves and Domains Act 1953, this power shall not be exercised without the consent of the controlling authority, but such consent shall not be unreasonably or arbitrarily withheld, and, in the case of other land, this power shall not be exercised until twenty-four hours' notice of intention so to do has been given to the occupiers:

  • (ii) Enter with or without motor or other vehicles upon and use any land adjacent to or reasonably required for obtaining access to the site of any main sewerage works authorised by this Act or by any legislation repealed hereby to be constructed, or while such works are in the course of construction, or when the same are or have prior to the passing of this Act been actually constructed, for the purpose of making temporary roads or approaches to any work or temporarily storing any material therefor, and for the purpose of inspecting, altering, renewing, repairing, maintaining, or cleaning such work:

  • (iii) Enter upon any lands or premises within or upon which it is proposed that any works shall be executed under this Act, or any lands and premises adjacent thereto, and make an inspection, survey, and examination thereof, and for that purpose (subject to the provisions of the Underground Water Act 1953) to bore therein:

• (c) Make or construct the said main sewerage works or any part thereof, upon or under any lands or buildings, subject to the following conditions:

  • (i) A plan and description of the main sewers or main drains, showing how they affect any such land or buildings, shall be deposited for public inspection at some place;

  • (ii) The Board shall give notice in writing to the occupier, and also to the owner so far as he can be ascertained of such land or buildings of the intention to construct such main sewers or main drains, and shall refer in such notice to such plan and description, and state where the same are no view. In the case of unoccupied land or buildings of which the owner is not known, such notice may be served by being affixed in a conspicuous place thereon or thereto;

  • (iii) If within one month after such notice is given the said owner or occupier serves on the Board a written objection to the proposed work, the Board shall appoint a day for hearing such objection, and shall give notice of the same to the objector; and

  • (iv) The Board shall hold a meeting on the day so appointed and may, after hearing any person making such objection, if present, determine to abandon the work proposed, or to proceed therewith with or without such alterations as the Board thinks fit:

• (d) Erect and use any buildings, structures, machinery, manholes, and other entrances, light and lamp holes, ventilating grids, and other works and things of every description in connection with drainage and sanitation in, upon, or under any public or private street or public place or reserve within or without the district:

  Provided that before interfering with any such public or private street or public place or reserve the Board, except in cases of emergency of which the Board shall be the sole judge, shall give two weeks' notice in writing to the local authority or other authority having control thereof:

• (e) Carry any ventilating shaft, pipe, or tube up or upon any external wall of any building, whether private or public, and affix the same thereto, provided that the mouth of every such shaft, pipe, or tube shall be at least six feet higher than any windows situated within a distance of thirty feet therefrom, and, where attached to a house, shall be higher than the eaves or parapet thereof:

• (f) During the construction of its works, use any private drain or watercourse within or without the district to carry water from such works:

• (g) Treat and deal with in such manner as to it shall seem best all sewage, refuse, and other matter, whether for the purpose of deodorising, disinfecting, or destroying such sewage, refuse, or other matter, or of converting the same into an organic fertiliser or other marketable product and selling or otherwise disposing of the same, and subject to the provisions of section 36A of this Act shall not be liable except in compensation under section forty-three of this Act for any nuisance or injury necessarily created or caused in so doing and in particular, and without restricting the general powers herein given, it shall have power to treat sewage, refuse, and other matter by any treatment process, septic tanks, or electricity, and, unless prohibited by the Governor-General by Order in Council from so doing, may ship sewage sludge and discharge it into the sea:

  Provided, however, that the Board shall not, without the precedent consent in writing of the Auckland Harbour Board, discharge any sewage, refuse, sludge, or other matter (other than the effluent from any treatment works under the control of the Board) in any place within the limits of the Waitemata or Manukau Harbours or in any place where the same might be carried by wind or tide within the limits of those harbours, or in any case within three miles from any land or in such a manner that it will be likely to be carried on to any foreshore:

  Provided also that nothing contained in this paragraph shall operate to relieve the Board from liability under rule of law for any nuisance likely to be dangerous to health:

• (h) Acquire and operate ships, boats, barges, and other equipment for the purpose of removing, handling or disposing of sewage, sludge, refuse, or similar matter:

• (i) After notices under the provisions of paragraph (c) of this subsection have been issued and all objections disposed of, the Board may cause a certificate over the signature of its Secretary describing such main sewers and with a plan defining the line of them endorsed thereon to be prepared and deposited in the office of the District Land Registrar or the Registrar of Deeds, as the case may require, at Auckland; and where the land referred to in such certificate is subject to the Land Transfer Act 1952, the District Land Registrar shall register against the title to the land a memorial of such certificate or in every other case the Registrar of Deeds shall cause an entry thereof to be made under the proper head or title in the index book of the Deeds Register Office:

  Provided that if at any time after the issue of a certificate under the provisions of this paragraph it is found that the line of such main sewer or main drain will not pass through such land or any part thereof or that an error in form or substance exists in or in relation to such certificate the Board may by the depositing at the office of the District Land Registrar or the Registrar of Deeds at Auckland of a subsequent certificate revoke the former certificate wholly or in so far as it thinks necessary, and the former certificate shall thereupon to the extent to which it has been so revoked be void and of no effect as from the date thereof as if it had not been issued or made; and any registration which has been effected by the District Land Registrar and any entry in the index book which has been made by the Registrar of Deeds shall thereupon be cancelled and be deemed to have been of no effect as from the date of the making of the former certificate to the same extent to which the said certificate has been so revoked:

  Provided also that the District Land Registrar shall be under no obligation to note the registration against the duplicate original copy of any certificate of title affected nor to call in the duplicate for that purpose:

• (j) Enter into agreement with any public or local authority, body, or person regarding the construction, alteration, or maintenance of any public work and the cost thereof if such public work is in any way connected with or affects or is affected by the operations of the Board.

(2) The Board shall have power to acquire by licence or otherwise permission or the right to use any land for the purposes for which land may be acquired, and any land acquired by it may be let or leased by the Board by public auction, or public tender, or private contract, as it deems proper, for such term or terms, and at such rent or rents, upon and subject to such terms and conditions in every respect, as the Board thinks fit.

(3) Nothing in this section shall restrict the operation of the Land Subdivision in Counties Act 1946 or of Part 25 of the Municipal Corporations Act 1954.

(4) Before exercising the rights conferred upon it by paragraphs (b), (e), and (f) of subsection one of this section, the Board shall, except in cases of emergency of which the Board shall be the sole judge, give to the occupiers of the properties affected seven days' written notice of its intention to exercise such rights.

(1) Where any nuisance within the meaning of section 29 of the Health Act 1956 is created by the Board in the exercise of any powers conferred on it by this Act, the Director-General of Health may, by notice in writing to the Board, require the Board to abate the nuisance and specify the works to be done by the Board in order to abate the nuisance and the time within which they shall be done.

(2) If the Board considers the requirements specified in any such notice to be unreasonable or impracticable or unnecessary, it may, within three days after service of the notice on the Board, apply to the District Court at Auckland for an order setting aside or modifying the notice. Pending the hearing of the application, the notice shall be deemed to be suspended.

(3) On the hearing of the application, the Court, whose decision shall be final, shall determine whether the notice should or should not be set aside or modified, and, if the notice is not set aside, the time within which the Board must comply with the notice or, as the case may be, with the notice as so modified.

(4) If the Board within the time specified in any such notice, or, in the case of an application to the Court, within the time specified in the order of the Court, fails to comply with the notice or order, the Medical Officer of Health under the Health Act 1956, without further notice to the Board, may cause the nuisance to be abated, and for that purpose may, with such assistants as may be necessary, enter on any land or premises of the Board and execute or cause to be executed thereon such works as may be necessary.

(5) All expenses reasonably incurred by the Medical Officer of Health in the abatement of a nuisance under subsection (4) of this section shall be recoverable from the Board as a debt due to the Crown.

(6) Nothing in this section shall derogate from the provisions of the second proviso to paragraph (g) of subsection (1) of section 36 of this Act or of section 43 of this Act.

(1) The Board may:

• (a) Acquire land and erect dwellings thereon for disposal under this section:

• (b) Erect dwellings for disposal under this section on any land which is the property of the Board:

• (c) 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 persons employed in the service of the Board or persons in the service of contractors carrying on works for the Board.

(3) For the purposes of section sixty-one of this Act the erection of dwellings under this section shall be deemed a purpose of this Act.

(4) 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, exchange, or otherwise dispose of it under the provisions of section thirty-eight of this Act.

The Board shall have power, for the purpose of constructing any works authorised by this Act or for or incidental to the carrying out of the purposes of this Act (but without prejudice to the provisions of sections thirty-five and thirty-seven of this Act or any specific provision of this Act limiting in any particular case the generality hereof), to acquire, purchase, rent or hire, sell, exchange, lease, let, or otherwise deal with or dispose of property, real or personal, of any description, or any estate or interest thereon or rights thereover and whether by public auction, public tender, or private contract, as it deems proper, and upon and subject to such terms and conditions in every respect as the Board thinks fit:

Provided that any sale of land not required for the purpose for which it was acquired shall be made only pursuant to a special order of the Board.

(1) If any person proposes to erect any building or to carry out any works over, under, or within such distance of any sewer or other structure owned by or under the control of the Board that such sewer or structure may be injuriously affected, such person shall notify the Board in writing of his intentions and shall carry out or shall permit the Board to carry out (at the expense in either case of such person) such works for the protection of the Board's sewer or other structure as the Board may deem necessary for the purpose; and, in the event of any damage being caused to any sewer or structure of the Board as a result of or consequent upon any failure by any such person to inform the Board of his proposals or to carry out all necessary protective works, the cost of repair or reinstatement of the Board's works so damaged and all other costs and expenses whatsoever incurred by the Board in connection therewith shall be a debt due by such person to the Board recoverable upon demand. The remedies hereby conferred are without prejudice to and shall not by implication derogate from nor limit the powers, rights, or other remedies of the Board.

(2) Every local authority within the drainage district, before granting a building permit to any person who proposes to erect any building or carry out any works over, under, or within fifty feet (or thirty-three feet if no blasting is to be done and no special circumstances or unusual conditions exist) of the line of any sewer forming part of the Board's main sewerage works or within a similar distance of any other structure under the control of the Board, shall require such person to produce for its inspection the consent in writing of the Board to such erection or work; and any permit so granted shall be subject to compliance with any conditions for safeguarding such sewer or other structure which the Board may prescribe, and to payment of all costs and expenses which the Board may incur in anywise incidental thereto.

(3) Failure to comply with any such condition or requirement shall be an offence under section ninety-three of this Act; and, though the condition be embodied in a permit issued by the local authority, action thereon may be taken by the Board, and the local authority shall be under no obligation to see that any such condition is complied with.

(4) The Board shall supply each local authority affected with a plan or plans showing the locations of the sewers or structures referred to in subsection two of this section.

(5) The term sewer, where used in this section, shall be deemed to include any sewer which the Board proposes to construct as portion of its main sewerage system and the location of which is shown upon any map or plan relating to any operative or proposed district scheme under the Town and Country Planning Act 1953 or is shown on any certificate a memorial of which is registered against the title under paragraph (i) of subsection one of section thirty-six of this Act.

(1) If any person proposes to erect any building or to carry out any works in such a location and at such levels that the diversion, alteration, or replacement of any of the Board's sewers or other structure appears to be essential to the construction of the aforesaid building or works, such person shall notify the Board of his proposals; and if the Board is satisfied that it is practicable for its sewer or structure to be diverted, altered, or replaced without material interference with the services for which it is responsible and that it is reasonable that this be done, it may enter into an agreement with such person as to the manner and conditions under which such sewer or structure shall be diverted, altered, or replaced.

(2) The cost of diverting, altering, or replacing the Board's sewer or other structure, and all other costs which the Board may incur in anywise incidental thereto shall in such case be paid to the Board by such person.

(1) Without limiting the powers conferred upon it by paragraph (g) of subsection one of section thirty-six of this Act, the Board may—

• (a) Enter into agreements with local authorities or with any persons whereby it may accept or acquire organic refuse of any kind on such terms as it may think fit; and the Board may process any such organic matter with sewage, sludge, or other available material by composting or other process so as to produce fertiliser or other marketable product and sell or otherwise dispose of the same:

• (b) Enter into agreements with any persons whereby it may sell or otherwise dispose of sewage, sludge, or effluent treated to such extent as it may deem advisable.

(2) The Board shall have the like rights and powers in connection with any pipes which it may require to lay for the purposes aforesaid as it has under this Act in connection with any sewers to be constructed by it.

(3) In the exercise of the powers conferred by this section the Board shall take such steps as may be necessary to ensure that no nuisance is created which may be dangerous to health.

(1) The Board may utilise any sludge gas derived from the treatment of sewage, sewage sludge, or trade wastes for any purpose and in any manner connected with its operations or the works under its control. It may sell and dispose of any such gas—

• (a) To the Auckland Gas Company Limited; or

• (b) To the occupiers of trade premises discharging trade wastes from which a substantial portion of the gas is derived; or

• (c) To the occupiers of any other trade premises,—

and the Board shall accord such parties, in the foregoing order of priority, the opportunity of purchasing such gas as it may desire to sell, the Auckland Gas Company Limited, as a retailer of gas, to be allowed a rebate in accordance with normal commercial practice.

(2) The Board may generate electricity and may utilise such electricity within the limits of the premises in which the same is generated for any purpose and in any manner connected with its operations or the works or property under its control.

(3) The Board may sell to the New Zealand Electricity Department or to the Auckland Electric Power Board any such electricity, and may purchase from the said Board any electricity which it may require for any purposes connected with its operations.

(4) Any power lines, plant, or works necessary for the transmission of any electricity within the limits of the premises in which the electricity is generated or for the transmission within such premises of any electricity purchased from the Auckland Electric Power Board (but not elsewhere) may be constructed and maintained by the Board.

(5) Subject to the foregoing provisions of this section, the Board may construct all such works and do all such acts and things as it may deem necessary or expedient to enable it to obtain the full benefit to be derived from the production of gas or the utilisation, sale, or other disposition thereof or to enable it to obtain the full benefit to be derived from the generation and utilisation of electricity within the limits of such premises (but not elsewhere), or the sale as aforesaid of any such electricity; and the Board shall have in respect of any mains or other works which it may desire to construct pursuant to the provisions of this section the like rights and powers as are conferred upon it by this Act in respect of main sewers and other works therein referred to.

(6) In the exercise of the powers conferred by this section, the Board shall comply with the provisions of Part 13 of the Public Works Act 1928 and the regulations thereunder.

(7) The powers conferred by the foregoing provisions shall not be limited by the provisions of the Auckland Gas Company Act 1871, and such powers shall subsist notwithstanding the provisions of section fifty-four of the Auckland Electric Power Board Act 1921-22.

(8) The word “premises”, where used in this section, means any continuous area of land owned or controlled by the Board for any estate or interest comprising one composite block:

Provided that any area of land comprising one composite block shall be deemed to be continuous notwithstanding that the same is severed by roads or streets running through the same and leaving part on one side of the road or street and the balance on the other side.

Every person having any estate or interest in any lands taken under the authority of this Act for any works, 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 and in accordance with the principles applicable to compensation under the Public Works Act 1928.

(1) For the purpose of carrying off any sewage from any part of its district, every contributing authority may from time to time connect sewers or drains at such points and in such manner as the Engineer to the Board may specify so as to discharge, either directly or indirectly, into such main sewers, main drains, or treatment plant as the Board may have constructed or taken over for the service of the district concerned:

Provided that before the construction of any such sewers the contributing authority shall have submitted to the Board complete plans and specifications thereof and that the Engineer to the Board shall be satisfied that the sewer or sewers referred to therein are fit and proper to be so connected and to form part of the general drainage system, and that the sewage to be discharged through the same into the main sewer, main drain, or treatment plant will be of such volume as to be within the capacity of such main sewer, main drain, or treatment plant, having regard to the volume of other sewage which may reasonably be discharged thereto:

Provided also that nothing in this section shall authorise the Engineer to control the engineering design or construction of sewage reticulation works in the district of any contributing authority otherwise than in accordance with bylaws of the Board.

(2) The Board may make bylaws to regulate the procedure under and to give effect to the purposes of this section.

In making any such connection, the contributing authority shall cause the same to be done in a skilful, efficient, and workmanlike manner and so that the efficiency and construction of such main sewers or main drains may be in nowise impaired, and to the approval of the Engineer to the Board.

The Board may permit any local authority outside the Inner Area of the drainage district to connect any drain or sewer within the district of such local authority with any drain or sewer vested in or controlled by the Board upon such terms as may be agreed upon between the Board and such local authority.

(1) The Board may, with the consent and at the cost of any local authority, undertake and carry out the drainage reticulation of the whole or any portion of the district of such local authority within the district, or with the like consent and cost undertake and carry out repairs, maintenance, alterations, or improvements to any existing drainage reticulation works in such local district.

(2) The Board may undertake and carry out, maintain, and operate drainage works, or treatment works or render other services of any nature whether in relation to storm water or sewage, trade wastes, or noxious matters for the benefit of any districts or areas within or adjacent to the district, or on behalf of any person; and may enter into and enforce agreements with local authorities and other persons for the payment of the whole or any portion of the cost of the construction, maintenance, or operation of any such works or of any such services.

(1) The Board may utilise any watercourse for the discharge of storm-water overflows or emergency overflows from its main sewers but so that the discharge from any such watercourse into any harbour under the control of the Auckland Harbour Board shall not be or grow to become a nuisance and so that such watercourse shall not be or grow to become a nuisance constituting a danger to health anywhere along its course from the point of utilisation onwards. Any watercourse so utilised shall be under the control and management of the Board.

(2) The Governor-General may from time to time, by Order in Council on the petition of the Board at the request of any contributing authority affected, vest the control and management of any watercourse in the Board. The provisions of subsections two, three, and four of section eight of this Act shall with the necessary modifications apply to any petition or Order in Council under this subsection.

(3) The Board may alter, improve, or otherwise deal with any watercourse the control and management of which was vested in it prior to the passing of this Act or which may thereafter be vested in it either for the purposes mentioned in subsection one of this section or for the removal of surface water or condensing water.

(4) In the event of the discharge of storm-water overflows or emergency overflows from its main sewers to any watercourse being or being likely to become a nuisance upon the discharge of the watercourse into any harbour as aforesaid, the Board shall, if the Auckland Harbour Board so requires, effect such improvements or carry out such other works in connection with the watercourse or take such other steps as may be necessary to abate any such nuisance or prevent any such nuisance arising or recurring.

(5) In the event of the discharge of storm-water overflows or emergency overflows from its main sewers to any watercourse being or being likely to become a nuisance constituting a danger to health, the Board may, and shall if the Minister of Health so requires, effect such improvements or carry out such other works in connection with such watercourse or take such other steps as may be necessary to abate the nuisance or prevent any such nuisance arising or recurring.

(6) In any case to which subsection four or subsection five of this section applies, the Board may require the local authorities from whose areas the necessity for the improvements or works arises or whose areas will benefit therefrom to contribute the whole or portion of the cost thereof. Any question between the Board and any local authority as to the apportionment of such cost shall be decided by arbitration in accordance with the provisions of section ninety-five of this Act.

(7) Should any local authority make any contribution to the Board on the ground that any portion of its area will benefit from the improvements or works carried out by the Board pursuant to the provisions of subsections four and five of this section, any portion of the contribution which represents expenditure in enclosing and covering-in any watercourse shall be deemed to be expenditure incurred by the local authority within the meaning of section two hundred and nineteen A of the Municipal Corporations Act 1954, as inserted by section eighteen of the Municipal Corporations Amendment Act 1959, and all the provisions of the said section two hundred and nineteen A shall with the necessary modifications, be applicable thereto.

(1) The Board may construct drains for the removal of surface water, or control, alter, and for that purpose improve any existing drains, or any watercourse or channel, the control of which is not vested in the Board, but all such works shall be done only with the approval of the local authority or authorities within whose district or districts the drain, water-course, or channel is situated and at the cost of the local authorities affected, and the Board and any such local authority may enter into and carry out agreements for that purpose.

(2) In any case where the Auckland and Suburban Drainage Board or the Board has heretofore exercised control over or expended its moneys on any watercourse, the Board may continue to control such watercourse and to expend the moneys of the Board in the maintenance or improvement of any such watercourse.

(3) Where improvements to a watercourse under the control of the Board are rendered necessary by development or other cause within local districts, the Board may require the local authorities whose areas contribute to the necessity for the improvements or will benefit therefrom, to contribute the whole or a portion of the cost of the improvement works:

Provided that no such improvements shall be undertaken by the Board except with the consent of the local authorities who in the opinion of the Board are likely to be called upon to contribute between them seventy-five per cent of the costs of the improvements as estimated by the Board or except when liability to make a contribution is either admitted and the amount thereof agreed upon by all the local bodies affected or the liability and the amount thereof is determined by arbitration in accordance with subsection six of this section.

(4) The term improvements where used in subsection three of this section shall be deemed to include any other work which may be necessary in connection with any such watercourse.

(5) The Board shall, if practicable, raise the cost of any such works by way of special loan either separately or in conjunction with moneys required by it for other purposes, and in such case the local authorities concerned shall respectively from time to time as payments become due in connection with any such loan reimburse the Board to an extent in keeping with their liability for the cost of the works.

(6) Any dispute between the Board and any local authority upon any issue arising hereunder shall be settled by reference to arbitration in accordance with the provisions of section ninety-five hereof.

(7) Except with the approval of the Auckland Harbour Board, no new drain for the discharge of surface water into any harbour under the control of the said Harbour Board shall be constructed or used, and no existing drain, watercourse, or channel discharging or intended to discharge surface water into any such harbour shall be so used, controlled, altered, or improved, as to cause pollution of the harbour into which it discharges or is intended to discharge:

Provided that this subsection shall not apply to existing storm-water overflows discharging into storm-water drains, watercourses, or channels, and shall not affect the powers of local authorities under section two hundred and twenty-one of the Municipal Corporations Act 1954, and section two hundred and forty-eight of the Counties Act 1956 in respect of leading surface water into streams and watercourses so long as the discharge from any such drain, watercourse, or channel shall not be or grow to become a nuisance.

(1) Within the Outer Area of the district no new main sewerage work or main drains shall be installed except by the Board, and no existing main sewerage work shall be altered or extended or any change or extension made in any existing drainage system except with the approval of the Board. If any question arises as to whether the Board has unreasonably withheld its approval, the matter shall be referred to the Minister of Health, whose decision shall be final.

(2) Within the sphere of influence of the Board, no main sewerage works shall be constructed, maintained, or operated save with the approval and under the general supervision of the Board. If any question arises as to whether the Board has unreasonably withheld its approval, the matter shall be referred to the Minister of Health, whose decision shall be final.

(3) Within the Outer Area and the sphere of influence the discharge of trade wastes either directly or through the sewers of a local authority to streams, watercourses, or tidal waters shall be subject to control by the Board, or, where discharge is to tidal waters, to the concurrence also of the Minister of Works and Development or the Auckland Harbour Board, as the case may be in all respects, with the necessary modifications, as if the trade premises concerned were located within the Inner Area of the drainage district.