Road Board By-laws




FEB. 18.] THE NEW ZEALAND GAZETTE

Burning Litter, &c.

  1. No person shall burn any litter, shavings, straw, or
    other materials or matter on any road, or on any open space
    near any building, without the consent in writing of the
    Board.

Eaves-droppings.

  1. No person shall allow any droppings of the eaves of
    any house, erection, or verandah to fall upon any road.

Regulation of Bicycles, Motor-cars, &c.

  1. No person shall use or permit to be used any bicycle,
    tricycle, or motor-car, or any other vehicle not propelled
    by a horse or other animal, in or upon any road after sunset
    and before sunrise, unless, in the case of a bicycle or tricycle,
    the same shall be provided with a lamp which shall be lighted
    and placed in a conspicuous place in the front of such bicycle
    or tricycle; or, in the case of a motor-car or any such other
    vehicle, the same shall be provided with a light on each side
    of such motor-car or vehicle. And no person shall at any
    time use or permit to be used on any road any bicycle,
    tricycle, motor-car, or other vehicle as aforesaid unless the
    same shall be provided with an alarm-bell or a horn; and
    the rider or driver thereof shall sound such bell or horn
    when approaching any vehicle or any person on horseback,
    or any person who may be crossing any road whether on
    foot or on horseback; and the rider or driver of every such
    bicycle, tricycle, motor-car, or other vehicle shall observe
    the rules as to keeping the proper side of the road, when
    meeting or passing vehicles, as is prescribed by law for persons driving vehicles. And no person shall drive any bicycle,
    tricycle, motor-car, or other vehicle as aforesaid upon any
    road within the district, or under the control of the Board,
    at a speed exceeding twenty miles per hour.

Carrying Lights.

  1. No person shall drive or use any vehicle drawn by one
    or more horses in or upon any road between sunset and
    sunrise without carrying a light on each side of such vehicle.

Driving round Corners.

  1. No person shall ride or drive any animal or vehicle of
    any kind round any corner of any road at other than a
    walking-pace.

Damage through Dogs.

  1. If any dog shall on any road within the district rush
    at, attack, or startle any person, or any horse, cattle, or other
    animal, whereby the life or limbs of any person shall be
    endangered or any property be injured or endangered, the
    owner of such dog or the person in charge of such dog shall
    be guilty of an offence.

Crossings and Drains on Footpaths.

  1. No person shall construct any crossing across any
    channel, drain, or footpath, or make any drain under any
    footpath. All such crossings and drains shall be constructed
    by the Board, but at the expense of the person requiring the
    same; and any such crossing or drain shall consist of such
    material as the Board shall from time to time approve.
    No person shall allow anything other than storm-water
    to pass through any drain laid under any footpath. Any
    person desiring to have a crossing made or drain laid leading
    from his property into any road shall make a written application in that behalf to the Clerk of the Board; and shall,
    upon receipt of a notice from the Clerk of the Board, stating
    the estimated cost of the construction of such crossing or
    drain, as the case may be, pay the amount of such estimated
    cost to the Clerk of the Board before the Board shall proceed
    with such construction. If any such crossing or drain shall
    be out of repair, the owner or occupier of the premises from
    which the same leads, or any person for whose use and benefit
    the same exists, shall (within seven days after notice in
    writing from the Clerk of the Board to that effect, stating
    the repairs required) properly and completely repair the same
    in accordance with such notice, failing which the Board
    may effect such repairs and recover the cost thereof from
    such owner, occupier, or person. And in case any such
    owner, occupier, or person shall make default and fail to
    comply with such notice within the time therein mentioned,
    he shall be deemed to commit an offence on every day during
    which he shall be in such default as aforesaid.

Carting over Footpaths.

  1. No person shall cart any metal, stone, building, or other
    material across any footpath where there is not a crossing
    constructed in accordance with By-law No. 15 of Part II,
    without the consent in writing of the Clerk of the Board on

written application made in that behalf, and stating the
property to or from which the carting is to be done, first
obtained; and the applicant for such consent shall, prior to
the issue of such consent, deposit with the Clerk of the Board
a sum not exceeding £3 as the Engineer or, if there be no
Engineer, the Clerk of the Board shall direct, as security for
the necessary repairs to the footpaths or kerbing which may
be caused by carting material or otherwise, and shall obtain
a receipt for the same; and upon repairs being completed
to the satisfaction of the Engineer or Clerk of the Board, as
the case may be, the said deposit shall thereupon be returned,
and upon failure to execute the necessary repairs after forty-eight hours' notice so to do from the Clerk of the Board, the
same shall be done at the cost and risk of the applicant, and
the costs thereof deducted from the amount of such deposit.

PART III.—DWELLING-SITES.

Dwelling-site Areas.

  1. Except as provided by the next succeeding by-law
    (No. 2), no person shall erect a new house in the district
    upon a site of a less area than one-quarter of an acre, and
    unless such site shall have a frontage of not less than fifty feet
    to a road.

Exceptions.

  1. The preceding by-law (No. 1) shall not apply to prevent
    the erection of one new house on an allotment, lot, or section
    which does not comply with the requirements of said by-law
    No. 1, but which is shown on any public plan or on any plan
    lodged or deposited in the Deeds Registration Office or the
    District Land Registry Office at Auckland prior to the 12th
    day of December, 1905, or on a site owned at the date of these
    by-laws by a person not owning any adjoining land, or to prevent the erection of one new house upon a site having a frontage to a road of not less than twelve feet, and an area of not
    less than half an acre, or to prevent the erection of one new
    house upon a site of any other description which the Board
    shall have approved of in writing in each special case, or to
    prevent the erection of a shop with dwelling-rooms attached
    upon any site having a frontage to the Great South Road, the
    Ellerslie-Panmure Road, or the Panmure-Otahuhu Road;
    provided that in the erection of such shop and dwelling-rooms provision shall be made for the disposal of sewage and
    offensive matter from such shop and dwelling-rooms thereto
    attached in accordance with the general regulations herein contained for the disposal of such materials from houses;
    provided also that where more than one shop is erected on
    the frontage of the site, nor more than one dwellinghouse shall be permitted for every thirty-free feet of such frontage.

Air-spaces.

  1. No person shall erect a new house in the district unless
    he shall provide at the side or in the rear thereof an open
    space exclusively belonging to such house, and of an aggregate area of not less than six hundred square feet; provided
    that such open space shall extend throughout the entire
    width, or in the alternative throughout the entire depth, of
    the site, and shall be free from any erection thereon above
    the level of the ground, and shall be so maintained while the
    site is occupied by the house; provided also the minimum
    distance across such open space from every part of any wash-house, shed, convenience, or other erection attached thereto
    shall be as follows:

(a.) If the height of the house does not exceed fifteen feet:
Fifteen feet.
(b.) If the height exceeds fifteen feet but does not exceed
twenty-five feet: Twenty feet.
(c.) If the height exceeds twenty-five feet but does not
exceed thirty-five feet: Twenty-five feet.
(d.) If the height exceeds thirty-five feet: Thirty feet.
For the purpose of these by-laws, where the side boundaries
of any site are not of the same length, the mean length of such
side boundaries shall be taken as the depth of the site for
the purpose of defining the distance across such open space;
and the height of a house shall, for the purposes of these bylaws, be measured from the average level of the ground immediately adjoining the side or the rear of such house, as
the case may be, to the level of half the vertical height of the
roof, or to the top of the parapet, which ever is the higher.

Alterations to Buildings.

  1. No person shall make any alteration or addition to any
    house (whether erected before the coming into operation of
    these by-laws or not) whereby the open space attached to such
    house shall be diminished by such alteration or addition so as
    to leave a less open space than is required by these by-laws
    to be provided.


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1915, No 23


NZLII PDF NZ Gazette 1915, No 23





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🏗️ By-laws of the Mount Wellington Road Board (continued from previous page)

🏗️ Infrastructure & Public Works
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