Dec. 8.] THE NEW ZEALAND GAZETTE. 3203

6. Workmanship and Materials.—All work affected by any Part of these by-laws must be executed in a good, substantial, workmanlike manner, and the materials (where they are not particularly specified) must be good and sound and fit for the purpose for which they are to be used.

7. Dispensing Clause.—(1.) If in any particular case the Resident Officer shall be of opinion that a strict compliance with any provision of these by-laws relating to buildings, structures, drainage, or sanitation would be impossible or impracticable, it shall be lawful for him at the request of the person on whose behalf any work affected thereby is to be done or is being done to issue to such person a written order under the hand of him (the Resident Officer) dispensing with such strict compliance upon such conditions as shall be specified in such writing.

(2.) Compliance with all the provisions of such written order shall be deemed a sufficient compliance with such provision of these by-laws so far as relates to the matters specified in such order.

8. Notices.—(1.) A notice required by any of these by-laws to be sent to any person may be delivered to him personally, or may be sent to the last known place of abode or business of such person by messenger or by post.

(2.) If such person is absent from New Zealand, the notice may be delivered or sent to his agent in manner aforesaid.

(3.) If such person is not known or is absent from New Zealand and has no known agent in New Zealand, and the notice relates to any land or building, the notice addressed to the owner or occupier of such building or land, as the case may require, may be served on the occupier thereof, or left with some inmate of his abode; or, if there is no occupier, may be put up on some conspicuous part of such building or land. And it shall not be necessary in any such notice to name the occupier or owner of such building or land.

(4.) Where the owner of any such building or land and his residence are known to the Department, it shall be the duty of the Department, or of the proper officer thereof, if such owner be residing within the town, to cause every notice required to be given to the owner to be served on such owner, or left with some inmate of his abode; and, if such owner is not resident within the town, the Department, or the proper officer thereof, shall send every such notice by post addressed to the residence of such owner.

(5.) A notice required by any of these by-laws to be served on the Department, or any officer thereof, may be served by being left at the office of the Resident Officer.

(6.) A notice required by any of these by-laws to be sent by the Department shall, unless it is otherwise provided, be under the hand of the Resident Officer.

(7.) Where a notice is sent by post, it must be sent so as to arrive in the due course of post on or before the latest time on which such notice is required to be served.

PART XXIII.—PENALTIES.

1. Acts constituting Breaches of By-laws.—Every person who shall—

(a.) Do, or cause to be done, or be concerned in doing anything whatsoever contrary to or otherwise than as provided by any of these by-laws;

(b.) Omit to do anything which according to the true intent and meaning of any of these by-laws ought to be done by him at the time and in the manner therein provided;

(c.) Refuse or neglect to comply with any notice duly given to him under any of these by-laws,—

shall be guilty of a breach of such by-law.

2. Non-compliance with By-laws after Notice to constitute further Breach.—Every person who shall—

(a.) Construct, affix, or provide, or cause to be constructed, affixed, or provided, any building or any part of a building, or any work, appliance, or material of any description whatever, contrary to or otherwise than is provided by any of these by-laws, and who shall not within a reasonable stated time after notice in writing or any renewal notice in writing shall have been given to him by the Resident Officer so to do, open up, lay bare, pull down, take away, or remove such building, part of a building, or work, appliance, or material, or cause the same to be opened up, laid bare, pulled down, taken away, or removed, or alter or cause to be altered the same, so as to comply with such by-law and notice;

(b.) Omit to construct, affix, or provide any work, appliance, or material required by any of these by-laws to be constructed, affixed, or provided by him, and who shall not within a reasonable stated time after notice in writing or any renewal notice in writing shall have been given to him by the Resident Officer so to do, construct, affix, or provide such omitted work, appliance, or material, so as to comply with such by-law and notice,—

shall be guilty of a further offence against such by-law.

3. Application of Preceding Clause to Works under Previous By-laws.—The provisions of the last preceding by-law shall extend and apply to the case of any building, part of a building, work, appliance, or material that shall, before the coming into force of these by-laws, have been constructed, affixed, or provided, or omitted contrary to or otherwise than as provided by any provision of any by-law hereby repealed, but re-enacted, or re-enacted in substance, by any of these by-laws, and accordingly notice as aforesaid may be given and renewed in respect of any such building, or part of building, work, appliance, or material, and non-compliance with any such notice shall constitute a breach of the by-law hereby re-enacted or re-enacted in substance.

4. Case of Purchase of Premises where By-law broken.—

(1.) In every case where—

(a.) A breach of any of these by-laws shall be made with respect to the construction of any building or work by the owner thereof, or any work, appliance, or material required by any of these by-laws to be provided in respect of any land, building, or premises by the owner thereof shall not have been provided; and

(b.) Any person shall thereafter become by purchase or otherwise the owner of such land, building, work, or premises,—

it shall be lawful for the Resident Officer by notice in writing (which notice may be renewed from time to time) to require such person to rectify the matter of such breach or to provide such omitted work, appliance, or material (as the case may be) within a stated time.

(2.) If the person served with any such notice shall fail to comply with the same, he shall be deemed guilty of an offence against such by-law, but without relieving any other person from any liability in respect of the breach by him of such by-law.

5. Penalties.—(1.) Every person guilty of a breach of any of these by-laws for which no other penalty is provided is liable to a penalty not exceeding £20; or, where the breach is a continuing one, then to a penalty not exceeding £5 for every day or part of a day during which such breach continues.

(2.) But the Department may, after conviction for the continuing breach of any by-law, apply to the Supreme Court for an injunction to restrain the further continuance of such breach by the person or persons so convicted.

(3.) The continued existence in a state contrary to any of these by-laws of any work or thing shall be deemed a continuing offence within the meaning of this by-law.

(4.) Where by “The Public Health Act, 1908,” or by any other Act smaller maximum penalties than those mentioned in this clause are authorised to be imposed for the breach or continued breach of any of these by-laws, then a person guilty of any breach or continued breach of any such by-law shall (if such by-law is not authorised to be made under “The Municipal Corporations Act, 1908”) be liable only to such smaller penalty.

6. Removal of Works executed contrary to By-laws.—

(1.) Whenever any work, material, drain, sanitary or other construction or appliance, or anything whatever shall have been executed, erected, placed, laid, constructed, or affixed in contravention of any of these by-laws, or shall exist in a form or manner otherwise than as directed or authorised by any of these by-laws, it shall be lawful for the Resident Officer by notice in writing under his hand to require the person by whom, or by whose authority or on whose behalf, the work shall have been done, or if he shall not at the time of the giving of the notice be either the owner or the occupier of the premises affected, then the person who shall at such time be the owner of such premises, to pull down, take up, or remove such work, material, drain, construction, appliance, or thing as aforesaid, or alter the same so as to comply with the by-law or by-laws affecting the same within (in each case) a stated time.

(2.) If such work, material, drain, construction, appliance, or thing shall not be pulled down, taken up, or removed, or altered as aforesaid within such stated time, it shall be lawful for the Resident Officer or any person authorised by him in that behalf to pull down, take up, and remove, or (as the case may be) alter as aforesaid the same work, drain, construction, appliance, material, or thing, and to enter into and upon any land or building for that purpose and to do anything thereon or thereto necessary to effect such pulling-down, taking-up, removal, or alteration.