Water-Race By-laws, Waipa County By-law




MAY 30.] THE NEW ZEALAND GAZETTE. 901

used in the supplying or distributing of the water from the
said water-race, and no person shall dam or obstruct the flow
of water in any branch-race whereby the supply of water in
any head-race or other subdivision shall be increased or
diminished.

  1. The charges specified in the Fourth Schedule hereto
    shall be payable in respect of the matters to which such
    charges are respectively made applicable in the said Sche-
    dule.

  2. In estimating the amount of the charge to be paid in
    respect of water to be supplied under By-law No. 10, it shall
    be lawful for the Council to determine the area of land of
    each proprietor which shall be considered to be benefited by
    such supply of water, and the decision of the Council thereon
    shall be final and binding on such proprietor.

  3. All moneys payable to the Council by any proprietor
    or proprietors, whether for charges for the supply of water, or
    for the use of the water in the water-race, or for the cost of
    any works which shall be undertaken by the Council, and for
    the payment of which a proprietor is by any of these by-laws
    made liable, or on any other account, shall be paid in ad-
    vance, and the Council may refuse to supply the land of any
    such proprietor with water, or permit him to use the water,
    or to commence any such work as aforesaid, or to permit the
    same to be commenced, until payment of all such moneys
    has been made.

For the purposes of this by-law all annual charges shall
become payable on the 1st day of January in each
year.

  1. The Council may, without notice, stop the supply of
    water to the land of any proprietor, and prevent any pro-
    prictor from using any of the water in any of the cases
    following, that is to say,——

(a.) In case he shall in his application make an untrue
statement as to any matter respecting which he is
hereby required to make a statement ;

(b.) In case he shall fail to do and perform any matter or
thing which he shall undertake or agree to do ;

(c.) In case he shall fail to pay any charges for the supply
of water or for the use of water on the days or at the
times when the same shall become payable, or in case
he shall fail to pay any rate imposed or levied on his
lands situate in the district, in respect of the con-
struction or maintenance of the said water-race, when
such rate shall be legally payable by him ;

(d.) In case he shall fail or refuse to submit to and abide
by or to obey or carry out any decision of the Council
on any matter in respect of which the decision of the
Council is by any of these by-laws made binding upon
him ;

(e.) In case he shall commit any breach of any of these
by-laws ;

(f.) In case he shall fail or neglect to cleanse or repair his
distributing channel during the months of May and
November in each year, so that the next adjoining
proprietor shall be prevented from receiving his fair
proportion of the water flowing through the gauge.

The provisions of this by-law shall apply to a case provided
for by By-law No. 4, and may be put in force against all the
proprietors who shall unite in an application, in case any of
the matters or things herein specified shall be done, com-
mitted, omitted, or suffered by any one of such proprietors.

  1. Any person offending against or committing a breach
    of or failing to comply with any of these by-laws shall for
    every such offence be liable to a penalty of not more than £5.

  2. All by-laws previously made by the Council respecting
    water-races under any of the above-mentioned Acts are
    hereby repealed, but this repeal shall not affect the past
    operation of any of the said repealed by-laws, or the validity
    or invalidity of anything done or suffered, or any right
    acquired or duty or liability incurred under any of such
    by-laws.

———

SCHEDULES.

FIRST SCHEDULE.

Application for a Race under By-law No. 3.

To the Council of the County of Selwyn.

, of , being the of the lands mentioned
below, do hereby apply for head-race from the
water-race into the said lands ; and, in case this application
shall be granted, agree to and bind to be
subject to all by-laws and regulations made by the Council
from time to time respecting the supply of water from the
said water-race, and to pay all charges by any such by-laws
or regulations made payable in respect of the said water
supply. And declare that the statement of matters
contained below are true, and (notwithstanding section 39 of
“ The Counties Acts Amendment Act, 1883 ”) hereby
consent and specially license and empower the Council, and
any person or persons employed by it, to enter upon
private land, whenever it, they, or he shall deem it necessary,
for the purpose of cleansing or maintaining any distributing
channel made on the same for the supply of water to an
adjoining proprietor ; and further agree with the
Council to pay it all the expenses reasonably incurred in such
cleansing or maintenance : Provided that no such work shall
be undertaken by the Council or its employés until
shall have refused or neglected to do such cleansing or main-
taining for the space of one week after receipt of a
notice in writing from the Council, or some person employed
by it on its behalf, calling upon to do so.

Witness hand this day of , 188
(Name in full.)
(Residence.)
(Occupation.)

———

Statement of Matters above referred to.

Number of rural section comprising the above land, or other
description thereof :

Acreage of above land according to the Government survey :

Point or points on line of water-race from which water is to
be taken :

Direction in which water is to flow through land :

———

SECOND SCHEDULE.

Application for Water under By-law No. 10.

To the Council of the County of Selwyn.

, of , being the of the land mentioned
below, do hereby apply for a supply of water from the
water-race into the said land, as provided for by By-
law No. 10 ; and, in case this application shall be granted,
agree and bind to be subject to all by-laws
and regulations made by the Council from time to time
respecting the supply of water from the said water-race, and
to pay all charges by any such by-laws or regulations made
payable in respect of the said water supply ; and
declare that the said several matters stated below are true.

Witness hand this day of , 188 .
(Name in full.)
(Residence.)
(Occupation.)

———

Statement of Matters bove referred to.

Number of rural section comprising the above land, or other
description thereof :

Acreage of above land according to the Government survey :

Point on the boundary of above land at which the water is to
enter land :

———

THIRD SCHEDULE.

IN consideration of the sum of £1 this day paid by
, to , the Treasurer of the County of Selwyn,
the said is hereby licensed to take water in vessels
from the water-race for use on his land at
, being Rural Section , for the year 188 .

Dated this day of , 188 .
County Treasurer.

———

FOURTH SCHEDULE.

Per annum.

For every head-race the sum of, not exceeding .. £25 0 0

For every supply granted under By-law No. 10, for
every 100 acres of land benefited by such sup-
ply, the sum of, not exceeding .. .. 1 5 0

For a license to take away water in vessels from
the water-race .. .. .. .. 1 0 0

For water supplied into tanks through a race, od
per 1,000 gallons, whenever filled.

———

Made by the Council of the County of Selwyn, at the
chambers of the said Council, in the City of Christchurch,
this 14th day of May, 1884.

DAVID MCMILLAN,
Chairman of the Meeting.

(L.S.) W. JAMESON,
Clerk of the Council.

I hereby certify that the above is a true copy of a special
order which was duly made at a meeting of the Council
of the County of Selwyn, held on the 14th day of May,
1884.

W. JAMESON,
Clerk of the Council.

———

By-law, Waipa County Council.—Pigs and Goats running
at large.

———

Colonial Secretary’s Office,
Wellington, 29th May, 1884.

THE following by-law, made by the Waipa County Coun-
cil, is published in accordance with “ The Counties
Act 1876 Amendment Act, 1882.”

THOMAS DICK.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1884, No 65





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🗺️ By-laws for Water-Races, County of Selwyn (continued from previous page)

🗺️ Lands, Settlement & Survey
29 May 1884
Water-Races, Selwyn, By-laws, Proprietors, Maintenance, Control, Charges, Penalties, Repeal
  • David McMillan, Chairman of the Meeting
  • W. Jameson, Clerk of the Council

🗺️ Publication of Waipa County Council By-law

🗺️ Lands, Settlement & Survey
29 May 1884
Waipa County, By-law, Pigs, Goats, Running at Large
  • Thomas Dick