The Short Title of this Act is the Hawera Borough Drainage Empowering Act 1900.

In this Act, if not inconsistent with the context,—

It shall be lawful for the Council, notwithstanding anything contained in any public Act of the General Assembly, or in any by-law heretofore made by the Council under any such Act, by notice in writing, to require the owner of any premises situate within the borough to do all or any of the following things, that is,—

Provide, construct, and lay any new private drains from any part or parts of such premises, and connect such new private drains with such public drain or covered watercourse or street-channel as the Council shall direct;

Cleanse and repair, and relay and alter the course and direction and outfall of, or take up and disconnect, any existing private drain of or belonging to such premises;

Connect any such existing private drain with any public drain or covered watercourse or street-channel other than the public drain, covered watercourse, or street-channel with which the same shall previously have been connected;

Provide and affix in or to any such existing private drain, and in and to any such new private drain, all such traps, methods of ventilating, and other sanitary appliances whatever as the Council shall direct;

Connect or disconnect any existing or new private drain with or from any water-closet, urinal, bath, sink, grease-trap, or other sanitary appliance;

Execute, provide, and do generally any works, materials, and things which, in the opinion of the Council, shall be necessary or expedient for the efficient drainage of such premises, and every part thereof.

Every such notice as aforesaid shall specify the works, materials, and things to be executed, provided, or done thereunder, and the public drain or covered watercourse or street-channel with which any private drain shall be required to be connected, and shall limit a time within which the same works, materials, and things shall be so executed, provided, and done.

The foregoing powers shall, among other things, enable the Council to require any owner of premises to cause the sewage and surface-water respectively arising therefrom to be drained by separate drains to separate outfalls: Provided always that the Council shall not in any such notice require any sewage to be connected with any street-channel.

In any case in which any such existing private drain passes through or serves several separately owned premises, or any such new private drain is to pass or serve, the Council shall notify the respective owners of such premises to execute, provide, and do such parts of the works, materials, and things under section 3 as the Council shall in and by the respective notices served on such owners direct; or the Council may in any such case elect to do the whole work, upon notifying such respective owners as aforesaid. The Council may by notice declare that any existing or new drain in question shall, as from the time to be mentioned in that behalf in the notice, become a public drain, and the same shall without any other proceeding become a public drain accordingly.

The Council may enclose and cover in any stream or watercourse within the city which, by reason of sewage or other offensive matter therein, or from any other cause whatever, has, or in the opinion of the Council may, become a nuisance or dangerous to the public health, and for such purpose may make, construct, and lay down such drains or do such other works as may in the opinion of the Council be necessary for the covering-in of such stream or watercourse, and the removal therefrom of any sewage or other matter which in the opinion of the Council it may be advisable to exclude therefrom, and in connection with such works may straighten or otherwise alter the course and direction of such stream or watercourse, and take up, disconnect, alter, relay, or otherwise deal with any private drains communicating with such stream or watercourse; and the Council shall not be liable to pay compensation in respect of any one being deprived of the water flowing in such stream or watercourse, or of the right to such water, nor for any damage or inconvenience occasioned to the owners or occupiers of such lands or premises, but shall nevertheless make good any damage or injury caused during the construction of the works.

Every sum of money payable by an owner of any premises under or by virtue of any provision of this Act hereinbefore or hereinafter contained, for or in respect of any works, materials, or things executed, provided, or done by the Council in pursuance of this Act or of any by-law made hereunder, may be divided into instalments extending over 10 years, with interest at the rate of $4.50 per centum per annum added, and each such instalment shall be recoverable in like manner in every respect as if it were a general rate of the borough duly made in respect of the premises in question under the statutory provisions under which the general rate of the borough should for the time being be made, subject nevertheless to the following conditions:

The owner for the time being of the premises in question shall in all cases be deemed the person primarily liable for payment.

The first instalment shall become due on the first half-yearly day for payment of such general rate happening at least 3 calendar months after the date, to be certified in writing by the Drainage Engineer, of the completion of the work in respect whereof the payment is to be made. The remaining instalments shall respectively become due on the 19 succeeding half-yearly days for payment of the general rates.

A separate book shall be kept by the Collector of Rates to the Council in which particulars of all such instalments, and of the works in respect whereof they are payable, and the dates for payment thereof, and of the names of the persons paying the same, shall be entered, which book shall be prima facie evidence of the correctness of its contents.

The owner for the time being may at any time, on giving to the Council 1 calendar month’s previous written notice, pay to the Corporation, and the Corporation may receive, the whole of the unpaid parts of such sum of money, and such owner shall be entitled to a rebate representing the future interest.

The Council may, in manner provided by the Local Government Act 1974, from time to time make, alter, and repeal, and bring into force, all such by-laws as it shall think proper and reasonable for the purpose of carrying out or giving further effect to the provisions of sections 3, 4, 5, and 6 hereof, and in particular, but not so as to limit the foregoing general power, the Council may by any such by-law,—

Prescribe the forms of any notices, and direct by whom the same shall or may be signed, and the manner of service thereof;

Direct in what cases the expense of the works described in all or any of such sections shall be borne by the Council, and in what cases by the owner or owners of the premises, and in what cases, if any, partly by the Council and partly by such owner or owners;

Provide for the conclusive ascertainment of the expense of such works, and of the portion payable by any owner or owners, and of the proportions payable by the respective owners of separately owned premises;

Direct the mode of calculating and conclusively ascertaining the amount of the said instalments of principal and interest in respect of sums payable by owners, and the interest to be allowed on payment off of the unpaid parts of any sum as aforesaid;

Prescribe the form and mode of demand of such instalments, and direct by whom the same shall or may be signed, and the mode or service thereof.

The Council may, in manner provided by the Local Government Act 1974, make, alter, repeal, and bring into force all such by-laws as they shall think proper and reasonable with respect to the subject of drainage and sanitation, and in particular, but without limiting the generality of this section, the Council may by any such by-law provide as to all or any of the following matters:

For prescribing the size, materials, construction, grade, ventilation, and other particulars of all private drains laid or to be laid within the borough, and compelling the providing and laying of private drains by the owners or occupiers of private premises;

For issuing licenses for the erection of water-closets and urinals in private premises, and for the connection thereof with the Corporation waterworks and public drains respectively;

For prescribing the materials, construction, and ventilation of water-closets and urinals and cisterns connected therewith respectively, and compelling the providing and fixing thereof by the owners or occupiers of private premises, and the removal or disuse of privies or earth or other closets;

For prescribing the traps, ventilation pipes and shafts, and any other sanitary appliances to be provided and affixed in such premises in connection with private drains, water-closets, urinals, or otherwise, and for compelling the providing and affixing thereof by the owner or occupier;

For prescribing the times, modes, and conditions of connecting and disconnecting private drains with or from public drains, and of connecting and disconnecting closets, urinals, baths, drains, sinks, rain-water pipes, and other sanitary conveniences and appliances, and stables, manufactories, and other buildings, with or from private drains, and for compelling such connection and disconnection by the owners or occupiers of private premises;

For compelling the maintenance, repair, cleansing, and renewal of all private drains, water-closets, urinals, and other sanitary conveniences now or hereafter to be laid, erected, or affixed, and the appliances thereof respectively;

For providing that any work to be done by any owners or occupiers of private premises in connection with the drainage or sanitation thereof shall only be done subject to the direction of some officer of the Council;

For requiring the owners or occupiers of private premises to alter the existing drainage- and sanitation-works of or connected with such premises;

To provide for any injury to any part of a public drain, or any displacement of the ground in which the same is laid, being made good by or at the expense of the person doing or causing such injury or displacement;

For protecting the public drains and covered watercourses, and pumping stations and machinery, and all ventilating shafts, traps, manholes, gratings, and other appurtenances thereof respectively, from trespass or injury;

For preventing the sweeping, raking, or placing of dust, earth, or rubbish into public drains or covered watercourses, and water-closets, urinals, drains, and other appliances directly or indirectly connected therewith respectively;

For directing in what manner and under what conditions private streets and rights-of-way shall be drained into the public drains and covered or other watercourses;

For prescribing the lowest levels, either for the borough generally or as to certain parts or streets of the borough, and either with or without leaving such levels to be ascertained in particular cases by the Council or any officer of the Council or other person, at which any part of any building, erection, cellar, or structure may with regard to interference with public or private drains or covered watercourses be erected within the borough;

For qualifying and authorising qualified persons to do work comprised in any of the foregoing subsections, and any other work connected with drainage or sanitation, and for preventing unqualified persons from doing any such work;

For appointing fees payable to the Borough Fund for any inspection, superintendence, or other service performed by the Borough Surveyor, Drainage Engineer, or other officer of the Council under any by-law, and for the licenses of qualified persons, and any other matter or thing specified in such by-law.

Any by-law made under this Act may require any works or things to be done of materials, or within a time, or in a manner to be directed or approved of by the Council or any officer of the Council, or other person nominated in that behalf in such by-law, and may authorise any matter or thing to be determined, applied, or regulated by the Council by resolution in that behalf. Every by-law made under this Act shall take effect as part of this Act.

The production of any document purporting to be a copy of any by-law made in whole or in part under the authority of this Act, and to be sealed with the common seal of the Corporation, shall, in so far as the by-law of which the same purports to be a copy is authorised to be made by this Act, be conclusive evidence of such by-law having been duly made, and that the same duly came into force on the day mentioned in that behalf in such copy of by-law.

Subject to the special provisions of this Act, all the provisions of the Local Government Act 1974, relative to the making, bringing into force, and enforcing of by-laws, and providing penalties and continuing penalties for the breach thereof, and to application for an injunction to restrain the further continuing of such breach, shall so far as applicable extend and apply to the case of all by-laws made under the authority of this Act.

If any owner shall by direction of the Council execute any work under this Act, or under any by-law made in pursuance hereof, or shall pay any instalment under section 6, and at the time (to be certified under the hand of the Drainage Engineer) of the completion of such work the premises whereon or for which such work has been executed shall be held by a tenant under him having a term of at least 3 years then unexpired, such owner may recover from such tenant, in the like manner as if the same were rent reserved under the tenancy, 5 per centum per annum during the unexpired term of such tenancy on the cost of the work so executed by him, or, as the case may be, on each such instalment paid by him, such percentage to be computed from the date of the payment of such cost or instalment, and to be payable at the end of each year during the residue of the said term. If the tenant paying such percentage shall at the time of such payment have a tenant under him with at least 3 years’ unexpired tenancy, he may recover the amount so paid by him from such last-mentioned tenant.

The Council may also, without liability to compensation, erect any buildings, structures, machinery, or manholes, manhole or other entrances, light- and lamp-holes, ventilating-grids, and other works and things of every description in connection with drainage in, upon, or under any public or private street or public place in the city.

Section 264 of the Municipal Corporations Act 1886, shall, so far as regards the Corporation and the Council and the borough, extend and apply to all rights-of-way, as defined in that Act, used or intended to be used as an access to 3 or more buildings. The Council, in exercising the powers conferred by the said section 264, may require any works that are to be done thereunder to be constructed at such levels and generally in such manner as to avoid interference, or possible interference, with any public or private drain, or any covered watercourse or street-channel.

Whenever under this or any other Act, or any by-law of the borough, any owner or occupier of private premises in the borough shall be liable to execute, provide, or do any works, materials, or things on or in connection with such premises with respect to the drainage or sanitation thereof, and shall make default in commencing so to do for 7 days after the expiration of the notice requiring him to do the work, or, if the work shall be certified in writing by any duly qualified medical practitioner, or any officer of the Council, to be of an urgent nature, and the contents of such certificate shall have been communicated to such owner or occupier, then if such default shall be made for 24 hours from the time of such communication, and if in either case such owner or occupier shall not thenceforth proceed with such work with all reasonable expedition, then the Council may, if it shall think fit, itself execute, provide, or do such works, materials, and things, and recover the cost thereof, to be conclusively certified in writing under the hand of the Drainage Engineer, with interest thereon at $4.50 per centum per annum, from such owner or occupier in any Court of competent jurisdiction. Such cost and interest shall until payment thereof be a charge upon the said premises. The Council may, if the work comes within sections 3 to 7, both inclusive, elect to recover such cost and interest under section 6.

It shall be lawful for the Council, if it shall think fit, by agreement with and at the expense of the owner or occupier of any premises within the borough, to execute in or in connection with such premises any works in connection with the drainage or sanitation thereof which such owner or occupier may be desirous of having executed, or may be liable under this or any other Act or under any by-law of the borough to execute, and in case of such an agreement with an owner the same may stipulate that the expense of the work shall come within the operation of section 6.

The Council may in its discretion require any person whose premises are or are intended to be connected with any public drain or covered watercourse to construct such work or to do such things as may be by the said Council deemed necessary for the deodorising or rendering as innocuous as possible any sewage or other matter (other than ordinary household sewage or drainage) before it enters the same.

The Council may refuse to admit into any public drain or covered watercourse any solid or liquid matter (other than ordinary household sewage or drainage) which would, in the opinion of the Council, prejudicially affect the same, or which would, from its temperature or nature or otherwise, be in the like opinion injurious. For the purposes of this section the Council may direct any private drains to be disconnected or closed by the owner or occupier thereof without being liable to pay any compensation therefor. Every person who, after being notified in writing by the Council of its objection to receive any such matter as aforesaid into any public drain or watercourse, shall lead or cause or suffer any such matter to be led into the same shall for each offence be liable to a penalty not exceeding $10, and to a further penalty not exceeding $10 for every day or part of a day during which such offence shall continue.

The Council, without being liable to pay any compensation in respect of so doing, may make and erect such dams, tanks, reservoirs, and other appliances as it may think fit across and in the bed of any stream or watercourse within the borough or contiguous thereto for the purpose of retaining water to flush and cleanse any public drain or covered or open watercourse, and may lay pipes therefrom for the purpose of conducting water to any of the said drains and watercourses.

If any person wilfully or negligently destroys or injures any public or private drains or covered watercourse, or any building, erection, structure, method of ventilation, machinery, dam, tank, reservoir, or other work or thing being part of or connected with any drainage-works vested in or under control of the Council, or, not having the written authority of the Council in that behalf, makes any private drain connected with a public or private drain or covered watercourse, or in any way stops or obstructs or otherwise interferes with the same, he shall be liable to a penalty of not more than $40; and the Council may replace or repair the property so destroyed or injured, or remove or alter, as it thinks fit, any such private drain, and may recover from such person in any Court of competent jurisdiction the full cost of any such work, or of removing any stoppage or obstruction effected by him, and of all damage done or caused by such person, the amount of such cost and damage to be conclusively ascertained by writing under the hand of the Drainage Engineer.

The Council may lead any surface-water into any stream or watercourse, whether covered or open.

If the occupier of any premises shall refuse or neglect to allow the owner thereof to carry into effect with respect to such premises any of the provisions of this Act, or of any by-law made hereunder, he shall be liable to a penalty not exceeding $10 for every day during the continuance of such refusal or neglect; and if the occupier of any premises, when requested by any officer of the Council to state the name and address of the owner thereof, shall refuse or wilfully omit to disclose or wilfully misstate the same, he shall be liable to a penalty not exceeding $10.

Whenever the Council shall, under the authority of this or any other Act, or any by-law heretofore or hereafter to be made by such Council, execute any drainage- or sanitation-works by agreement with any person, or by reason of any default or offence by any person, there shall be added to the actual cost of such work, in respect of the supervision thereof by the Council or its officers, a sum equal to $2.50 per centum of such actual cost, such sum for all purposes of this Act to be deemed part of such cost, and to be recoverable accordingly.

The Council, for the purpose of the immediate payment for work the cost whereof the owner or occupier is by this Act required to pay by instalments, may from time to time borrow any sums of money not exceeding in the whole $10,000, at such price as shall not produce to the lender a greater rate of interest than $5 per centum per annum, and shall apply any moneys and interest payable to the Corporation by owners or occupiers under the provisions of this Act, or of any by-law made hereunder, to the repayment of the moneys so borrowed, and may execute and do such instruments and things for securing the sums so borrowed and the interest thereon as such Council shall think fit, and may by any such instrument covenant for the repayment thereof respectively. The resolution so to borrow shall be passed by way of special order within the meaning of the Municipal Corporations Act 1886, but the provisions of that Act shall not otherwise apply to such borrowing. No lender shall be concerned to inquire as to the purposes for which the money is raised, nor as to the proposed expenditure thereof; and the receipt by the Corporation for such money shall effectually discharge the lender therefrom and from being concerned to see to the application thereof.

All the fines and penalties imposed by this Act or by any by-law made under the authority thereof may be recovered on conviction in accordance with Part 3 of the Summary Proceedings Act 1957.

All by-laws of the Council in force on the coming into operation of this Act, and which would have been valid if made under this Act, shall be and, as from the original coming into force thereof, be deemed to have been valid, and may be proved under section 10.

This Act shall not be construed to divert or deprive the Corporation or the Council, or any officer of the Council, of or to diminish any power, right, remedy, authority, or discretion vested in or given to it or him by the Municipal Corporations Act 1886, or any other Act, or under any by-law heretofore made by the Council under the same respectively. Unless otherwise provided, all notices under this Act, or any by-law made hereunder, may be served in manner provided by section 7 of the Municipal Corporations Act 1886. The provisions of sections 220 and 221 of such Act shall apply to all contracts made under the authority of this Act. The provisions of sections 279 and 282 of the said Act shall, as regards the Council, extend to authorise the construction of ventilating-shafts and other methods of ventilating, manholes, manhole and other entrances, light- and lamp-holes, and other appurtenances in, upon, or under any land or roads outside the borough.

The provisions of sections 83, 84, and 85 of the Public Works Act 1894, shall extend and apply to any case in which any compensation may become payable by the Corporation in respect of any land, situate within or without the borough, taken by it for any purpose in connection with drainage or sanitation, or in respect of any damage done by reason of the construction or use of any work, either within or without the city, constructed by it for any such purpose, the Corporation being deemed substituted for the Minister, the Governor, and the Government respectively, and the provisoes at the end of sections 83 and 86 being omitted.