Portobello Road Board By-Laws




APRIL 6.]

that no such back-section shall be of a less area than one-
eighth of an acre, and that not more than one single dwelling-
house shall be erected upon such back section.

  1. The site of any dwellinghouse, whether such dwelling-
    house be erected before the coming into force of these by-laws
    or thereafter, shall not be reduced in area if such site be or if
    it become by such reduction less than one-eighth of an acre
    in area.

  2. No person who makes any alteration in or addition to,
    or who builds, any erection shall diminish thereby the aggre-
    gate area of the open space provided in connection with any
    dwellinghouse if the open space shall be of the same extent as
    or of less extent than is required by these by-laws; or, if
    such open space shall be of greater extent than is required in
    the case of the erection of a new dwellinghouse, shall by any
    such alteration, addition, or erection diminish such open space
    to such an extent as to leave and provide in connection with
    such house less open space than is required by section 26 of
    these by-laws.

  3. Air-spaces.—No person shall erect a new dwellinghouse
    in the district unless he provide at the side or in the rear there-
    of an open space exclusively belonging to such house and of
    an aggregate area of not less than 300 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 that the minimum
    distance across such open space from every part of any dwelling-
    house, or from every part of any washhouse, shed, conveni-
    ence, or other erection belonging thereto shall be as follows :
    (a.) If the height of the house does not exceed 15 ft., 15 ft. ;
    (b.) if the height exceeds 15 ft. but does not exceed 25 ft.,
    20 ft. ; (c) if the height exceeds 25 ft. but does not exceed
    35 ft., 25 ft. ; (d) if the height exceeds 35 ft., 30 ft. For the
    purposes 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 site for the purpose
    of defining the distance across such open space, and the
    height of a dwellinghouse shall for the purposes of these by-
    laws be measured from the average level of the ground
    immediately adjoining the side or rear of such dwellinghouse,
    as the case may be, to the level of half the vertical height of
    the roof or to the top of the parapet, whichever is the higher.

  4. Preventing Reduction of Space.—No person shall make
    any alteration or addition to any dwellinghouse (whether
    erected before the coming into operation of these by-laws or
    not) whereby the open space attached to such dwellinghouse
    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.

  5. No person shall erect or cause to be erected any build-
    ing if the effect of erecting such building results in reducing
    the frontage or area of the parcel of land on which any dwell-
    inghouse is already erected to less than that required by these
    by-laws in the case of a dwellinghouse erected after the
    coming into operation of this by-law.

  6. It shall be deemed an offence under these by-laws if the
    owner of any dwellinghouse coming within the provisions of
    these by-laws, which shall not have in connection with it the
    open space required by these by-laws, occupies or permits
    such dwellinghouse to be occupied.

  7. No person shall use or occupy as a dwellinghouse any
    building erected after the coming into operation of this by-
    law, unless the land upon which the same is erected and
    exclusively belonging to such building, and used or occupied
    or intended to be and capable of being used or occupied
    therewith as a separate holding, has a frontage sufficient to
    comply with these by-laws.

  8. Insanitary Material.—No person shall use any material
    in the erection, re-erection, or repair of any dwellinghouse
    which is, in the opinion of the Inspector, unsound, insanitary,
    or improper to be used for their intended purpose. Any
    such materials shall, within twenty-four hours of their com-
    demnation by the Inspector, be removed from the site of the
    proposed house, and shall not again be brought thereon.

  9. Walls of Living-rooms.—No room in any house (other
    than a bathroom, closet, or storeroom) shall have a less-
    average height than 9 ft. between the floor and the ceiling
    throughout an area equal to at least two-thirds of the floor-
    space.

  10. Covering for Walls and Ceilings.—The internal walls
    and ceilings of all buildings used or intended to be used for
    human habitation, or where persons are employed, shall be
    covered with plaster, T. & G. lining, or other material ap-
    proved by the Inspector.

  11. Ventilation and Lighting.—Every room (other than a
    storeroom) shall be provided with at least one window other
    than a skylight opening direct to the external air. Such
    window shall be movable or made to open, and the opening
    must extend to the top of the window, and the total glazed
    surface of such window or windows provided shall be equal
    in area to at least one-tenth of the floor-space of such room.

THE NEW ZEALAND GAZETTE.

  1. Air-space and Ventilation of Rooms.—No occupier of
    any dwelling shall allow any room to be occupied as a sleeping-
    room by any person or persons which shall contain less than
    400 cubic feet of air-space for each such person.

  2. Walls of Water-closet.—Every water-closet and bath-
    room in a building shall be constructed and maintained in
    such a position that one of its sides at least shall be an ex-
    ternal wall of such building. No water-closet shall be con-
    structed or maintained so that it may be entered directly
    from any room used for the purpose of human habitation, or
    for the manufacture, preparation, or storage of human food.
    Such water-closet shall be constructed and maintained so
    that on any side on which it would abut on a room intended
    for human habitation, or the preparation or storage of human
    food, it shall be enclosed by airtight walls or partitions of
    material approved by the Inspector.

  3. Any and every building now used or hereafter erected
    for the purpose of being used as a dwellinghouse shall be
    provided with a privy.

  4. If any building, dwellinghouse, or part of a dwelling-
    house be erected, altered, or repaired contrary to the pro-
    visions of this by-law, it shall be lawful for the Board to give
    notice in writing to the owner of such dwellinghouse, within
    a time to be mentioned in such notice, to take down, remove,
    or alter such dwellinghouse or part of such dwellinghouse in
    such manner that the provision of this by-law shall be accu-
    rately fulfilled. Non-compliance with any such notice shall be
    deemed an offence.

Buildings.

  1. Site Under-ventilation, &c.—The owner of any building
    within the district shall construct and maintain every room
    which shall be situated in the lower story of such building
    and which is provided with a boarded floor so that there
    shall be maintained between the under-side of every joist,
    plate, stringer, and bearer on which such floor may be laid
    or supported and the upper surface of the ground a space of
    2 in. at least in every part, and he shall cause the area below
    such floor to be thoroughly ventilated to the satisfaction
    of the Inspector.

  2. No person shall erect, add to, or alter any dwelling-
    house in such manner that the outer side of any external
    wall thereof shall be situate within 5 ft. of any boundary of
    the site—except the boundary forming the main frontage
    to the road—upon which such building shall be erected,
    added to, or altered.

  3. No person shall commence the erection of any building
    upon any site not having natural or artificial subsoil drainage
    sufficient to prevent such site being damp, or upon any site
    having matter thereon which may prove dangerous to the
    health of the occupants of such building, until such matter
    has been removed to the approval of the officer appointed
    by the local authority for the purpose of such approval.
    The ground underlying and for a distance of 3 ft. from any
    part of such building shall be so formed and graded that
    no water can flow or lodge thereon or under any part of such
    building; and the local authority may, if they consider it
    necessary, require the portion of the site covered by any
    building to be properly asphalted or covered with a layer
    of reinforced cement concrete at least 2 in. thick.

  4. Every person who shall erect any building within the
    district shall construct every external wall thereof which
    may be composed wholly or partly of wood so that there
    shall be at least 3 ft. between the outer surface of the wall
    and any portion of the site which may rise above the level
    of the bottom plates of such building.

  5. There shall be paid to the Road Board Clerk in
    respect of every permit issued as aforesaid, and before the
    same is issued, the following fees:—

(a.) For alterations and additions or buildings of a value
exceeding £5 but not exceeding £100, 5s.

(b.) For alterations and additions or buildings of a value
exceeding £100 but not exceeding £500, 10s.

(c.) For alterations and additions or buildings of a value
exceeding £500, £1.

All applications shall be accompanied by a fee of 2s. 6d.,
which shall be returned if permit is issued.

  1. It shall be the duty of the owner of every building
    to maintain the same in a state of good repair and proper
    habitable condition to the satisfaction of the Inspector.

  2. When, in the opinion of the local authority or the
    Inspector, any building, whether erected before the coming
    into force of this by-law or hereafter, is in an insanitary con-
    dition due to any of the following causes, namely—

(a.) Dampness from any earth resting against any part of
such building or contiguous to any wall thereof;
water flowing beneath such building; leaking
roofs; defective spouting or downpiping; defective
walls or foundations; defective water-pipes, soil-
pipes, or waste-pipes, and their connections apper-
taining to such building:

(b.) The non-provision or insufficient provision of proper
and suitable means to ventilate the inside of the
rooms of such building, or the space between the
lower floors of such building and the ground:



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1922, No 25


NZLII PDF NZ Gazette 1922, No 25





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🏗️ Portobello Road Board By-Laws (continued from previous page)

🏗️ Infrastructure & Public Works
27 March 1922
By-laws, Road Board, Public Health, Portobello