Rangitaiki Land Drainage Act 1956

1: Short Title and commencement
1: This Act may be cited as the Rangitaiki Land Drainage Act 1956, and shall be read together with and deemed part of the Land Drainage Act 1908 the principal Act
2: This Act shall come into force on 1 April 1957.
2: Interpretation
In this Act— Board district
3: Application of Land Drainage Act 1908
In its application to the Rangitaiki Drainage District and the Rangitaiki Drainage Board the principal Act shall be read subject to the provisions of this Act. Rangitaiki Drainage District
4: Rangitaiki Drainage District constituted
The land described in Schedule 1 section 3 Rangitaiki Drainage Board
5: Rangitaiki Drainage Board constituted
1: There shall be a Board of Trustees for the district under the name of the Rangitaiki Drainage Board.
2: Notwithstanding anything in the principal Act, the first Board of Trustees for the district shall be appointed by the Minister of Lands by notice in the Gazette
3: The first members of the Board may be so appointed at any time after the passing of this Act, and shall come into office on the commencement of this Act or on the date of appointment, whichever is the later.
4: No person shall be so appointed a member of the Board unless, if an election of members were held, he would be qualified under the principal Act to be elected as a member of the Board.
5: The members of the Board so appointed, unless they sooner vacate their office, shall hold office until the members of the Board elected at the first triennial election of members of Drainage Boards held after the commencement of this Act come into office: provided that the Minister of Lands may at any time, by notice in the Gazette section 5
6: The number of members of the Board to be elected at the first general election of members of the Board shall be fixed by the Governor-General by Order in Council.
6: Extraordinary vacancies
Notwithstanding anything in section 10
a: dies; or
b: becomes incapable of acting; or
c: by writing addressed to the chairman resigns his office as trustee; or
d: ceases to reside permanently in New Zealand; or
e: is absent without leave from 3 consecutive meetings of the Board,— his office shall be deemed to be vacated, and the Board may by resolution appoint some qualified person to be a trustee in his stead. The person so appointed, unless he sooner vacates his office, shall hold office as trustee for so long only as his predecessor would have held office had he remained a trustee. Vesting of assets in the Board
7: Land, drainage works, etc, to vest in the Board
1: Upon the execution by the Board and delivery to the Minister of Lands of the debenture referred to in section 8 Schedule 1
2: The decision of the Minister of Lands as to what assets have vested in the Board under subsection (1) shall be final.
3: A notice in the Gazette
8: Board to execute debenture in favour of the Crown
1: As soon as the members of the first Board of Trustees constituted under this Act come into office, the Board shall execute in favour of Her Majesty the Queen a debenture securing to Her Majesty the sum of 135,000 pounds, together with interest thereon as from the date on which those members came into office at the rate of 4 pounds per cent per annum, by 30 annual instalments each of 7,807 pounds 1 shilling and 4 pence.
2: That debenture shall be in a form approved by the Minister of Lands, and shall be secured over, and be a first charge on, all property both real and personal whatsoever and wheresoever at any time owned by the Board and all revenues of the Board from any source and all rates payable to the Board: provided that the debenture shall not be secured over any special rates made as security for any special loans raised by the Board. Special powers of the Board
9: Subdivision of district
1: Without limiting the powers of the Board under sections 16 31A
a: constitute that area a subdistrict, to be known by a distinctive name, in which drainage works of a general nature may be carried out; or
b: constitute that area a subdivision, to be known by a distinctive number or name, within which, in addition to drainage works of a general nature, pumping schemes may be installed, maintained, and operated. Any such subdivision may be wholly within the boundaries of any subdistrict, or may be partly in one subdistrict and partly in another or others.
2: Notwithstanding the constitution of any subdistrict or subdivision under this section, all rateable property therein shall continue to be liable as part of the district to all rates levied from time to time on the whole district under section 31
3: The Board may at any time abolish any such subdistrict or subdivision by special order made on the petition of not less than half in number of the occupiers of the rateable property in the subdistrict or subdivision or on the petition of the occupiers of not less in the aggregate than half of the rateable property in the subdistrict or subdivision.
4: Notwithstanding anything to the contrary in the principal Act or in any other Act, any rate made and levied on lands in any subdivision in respect of any expenditure incurred in installing and operating pumping schemes, and administration and maintenance expenses, and interest in respect thereof, may be made and levied on an area Section 9(4) inserted 24 October 1957 Rangitaiki Land Drainage Amendment Act 1957 Section 9(4) amended 8 November 1974 Land Drainage Amendment Act 1974
10: Special provisions as to lands near the Tarawera River
1: The Board may from time to time, by notice in writing given to the occupier of any land within the district and situated near the Tarawera River, prohibit the construction of drains on the land or on such part thereof as may be specified in the notice, and also prohibit any other interference with the surface of the land or part thereof that may cause or be likely to cause the escape or seepage of water from that river. The decision of the Board as to whether or not any land is near the Tarawera River for the purposes of this section shall be final.
2: A notice to any occupier under this section may be given by delivering it to him personally, or by posting it upon a conspicuous part of the land and posting a copy thereof by registered letter addressed to the occupier at his last known place of abode or business in New Zealand, or to the agent or representative of the occupier. A notice so posted shall be deemed to have been given at the time when the registered letter would in the ordinary course of post be delivered.
3: Any notice given under this section may be at any time in like manner amended or revoked.
4: Every person who does or causes or permits to be done any act prohibited by a notice given to him under this section commits an offence and is liable on
5: The Board may from time to time do such things as it deems necessary for the purposes of filling in any drain on any land in respect of which a notice has been given under this section and of remedying any other interference with the surface of any such land, whether the drain was constructed or the interference was made before or after the commencement of this Act or before or after the giving of the notice.
6: For the purposes of this section the Board and all persons authorised by it in that behalf may enter upon and pass over any land within the district, with or without vehicles, and may take from any land in the immediate vicinity such spoil as may be required.
7: Every person suffering any damage from the exercise of any of the powers conferred on the Board by subsection (6) shall be entitled to full compensation therefor in accordance with the provisions of the Public Works Act 1928
8: All costs incurred by the Board under subsection (5) or subsection (6) in respect of any drain constructed or other interference made on any land at any time while the construction or making thereof was prohibited by a notice given under this section to the occupier of the land shall constitute a debt forthwith due and payable to the Board by that occupier, and shall be a charge on the land and may be recovered in the same manner as rates that have been validly demanded under the principal Act.
9: Subject to the provisions of subsection (8), all costs incurred by the Board under subsection (5) shall be deemed to be part of the expenses of the general administration of the principal Act in the district.
10: On the application of any owner or occupier of any land affected by a notice under this section, the Board may from time to time exempt that land or any part thereof from liability for rates under the principal Act either wholly or in part and for such period as it thinks fit, and may from time to time remit either wholly or in part any rates made and levied under the principal Act in respect of that land or any part thereof. Any exemption granted under this subsection may be at any time in like manner varied or revoked.
11: Except as otherwise expressly provided in this section, no compensation shall be payable under the Public Works Act 1928
12: Notwithstanding anything to the contrary in the Impounding Act 1955 fenced land stock Impounding Act 1955 Section 10(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Rates
11: Maximum general rate
Section 11 repealed 29 June 1988 Rating Powers Act 1988
12: Existing classification of land continued in force
Section 12 repealed 29 June 1988 Rating Powers Act 1988
13: Lands exempt from rates
The following lands in the district are hereby declared to be exempt from the payment of all rates made and levied by the Board, namely:
a: the land described in Schedule 2
b: the land in the Town of Matata and the district adjoining in respect of which the powers of a Borough Council as to the supply of water for domestic purposes were conferred on the former Whakatane County Council section 74 Section 13(b) amended 1 April 1980 section 8(3) Local Government Amendment Act 1979
14: Board may authorise Whakatane County Council to collect rates
Section 14 repealed 29 June 1988 Rating Powers Act 1988 Miscellaneous provisions
15: Extending power of Board to make bylaws
Without limiting the power to make bylaws conferred on the Board by the principal Act or any other Act, the Board may from time to time, in the manner provided by section 50
a: preventing or regulating the overflow of artesian wells or the pumping of water into any watercourse within the district, whether the watercourse is under the control of the Board or not:
b: regulating the location and capacity of pumps installed after the commencement of this Act:
c: prescribing such matters in relation to pumping as the Board considers necessary for the effective drainage of the district:
d: regulating the use of any constructed watercourse under the control of the Board:
e: prescribing conditions on which other constructed watercourses may be connected or continue to be connected with any constructed watercourse under the control of the Board, including in those conditions the payment to the Board of any annual or other charges:
f: preventing the widening and deepening of watercourses under the control of the Board or the alteration of the course thereof without the consent of the Board:
g: prohibiting or regulating the removal of shingle, sand, or other material from any watercourse under the control of the Board:
h: prohibiting or regulating access to or the passing over or along any bank, dam or other defence against water, or other work of any kind whatsoever constructed, or maintained by, or under the control of, the Board:
i: prohibiting or regulating the erection of any structures or fences within a specified distance from the banks of any watercourse under the control of the Board or in any place where they will obstruct or be likely to obstruct the free flow of floodwaters in any existing flood channel, and regulating the maintenance of any such structures or fences:
j: generally preventing trespasses, nuisances, obstructions, and damage to watercourses under the control of the Board or to plantations established or maintained by the Board, and making all such provision as the Board deems necessary or expedient for the protection and proper management of its property and all machinery and works of every kind under its care, control, and management.
16: Penalty for breach of bylaws
Notwithstanding the provisions of subsection (2) of section 50
17: Power of Board to borrow in anticipation of revenue
Notwithstanding anything in the Local Authorities Loans Act 1956 the Board during the first 2 years of its existence may, with the consent of the Minister of Local Government Minister of Local Government Section 17 amended 1 April 1980 section 10(7)﻿(a) Local Government Amendment Act 1979
18: Appointment of officers
1: Without limiting the powers conferred on the Board by section 43 Whakatane District Council
2: The Council is hereby empowered to enter into contracts with the Board for the purposes of this section upon such terms as it thinks fit. Section 18(1) amended 1 April 1980 section 8(3) Local Government Amendment Act 1979
19: Special provisions as to land in Edgecumbe township
1: The following provisions shall apply with respect to the land for the time being within the boundaries of the county town of Edgecumbe (being the land township
a: the Whakatane District Council
b: so long as the Whakatane District Council
c: for the purposes of paragraph (b), the Valuer-General shall as soon as possible after the commencement of this Act, and thereafter whenever the values on the district valuation roll of the District of Whakatane
2: A determination under subsection (1)﻿(c) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published. However, the Valuer-General must notify the Board and the Council in accordance with paragraph (c) LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 19(1) amended 23 October 1969 Rangitaiki Land Drainage Amendment Act 1969 Section 19(1)﻿(a) amended 1 April 1980 section 8(3) Local Government Amendment Act 1979 Section 19(1)﻿(b) amended 1 April 1980 section 8(3) Local Government Amendment Act 1979 Section 19(1)﻿(c) amended 1 April 1980 section 8(3) Local Government Amendment Act 1979 Section 19(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
20: Repeals, savings, and amendments
1: The enactments specified in Schedule 4
2: The repeal of any enactment by this Act shall not affect the liability of any person for the payment of any rate made and levied under any such enactment before the commencement of this Act, and all such rates shall continue to be owing and shall be deemed to be owing to the Board, which shall have the same powers in respect thereof as if those rates had been made and levied by the Board under this Act at the dates when the same were respectively made and levied.
3: Amendment(s) incorporated in the Act(s)
4:
5: Amendment(s) incorporated in the Act(s) Section 20(2) replaced 24 October 1957 Rangitaiki Land Drainage Amendment Act 1957 Section 20(4) repealed 1 April 1968 Rating Act 1967