BOARD'S POWERS.

Auckland Star, Volume LXVI, Issue 243, 14 October 1933, Page 11

BOARD'S POWERS.

SUPPLY CONTRACTS

DEFINITE LIMITATIONS

LEGAL EXPLANATION.

The legal powers of the North Shore Water Board were clearly defined at the meeting of the board yesterday afternoon by the board's solicitor, Mr. A. M. Gould. The chairman, Mr. H. F. W,' Mciklc, presided. Mr. Gould said that the board had sufficient, legal powers to carry into .effect any. new scheme of supply, whether the supply were from Lake *Pupuke, as at present, or from an independent source. "The first notable limitation," said Mr. Gould, '.'is that loan proposals must be approved by residents all over the district served by the board's reticulation. The period of contracts for supply fionl outside sources is limited to three yeais, unless a poll permits otherwise, liven with the consent of ratepayers the limit of the period of any contract is 21 years. There are legal difficulties in the way of taking over the waterworks at present in use by the boroughs in the district, not because ■ of lack of statutory authority, but because the. borough councils are not allowed to sell their plants. "The board's constituent Act provides that the membership be made up of the Commissioner of Crown Lands, ex officio, and a member from each of the boroughs in the district, who need not necessarily be members of the borough councils. The members of the board are under no obligation to be responsible to theii respective councils. Their duty is to the board," Mr. Gould continued. No Power Over Councils. "The board acts in the way of a wholesale supplier, but in the event of the purchase of water from outside supply authorities, the individual boroughs could purchase direct from the source without consideration of the board. There is nothing in the boards act to give them statutory authority over the councils in regard to the supply of water. That point was very closely watched when the board was being formed. This board is a convenient instrument for the boroughs to use if they want united action."

Mr. Gould then outlined the three proposals being considered by the board and the borough councils at present. The company which proposed to sell water from tlie Waikato wanted to enter into a contract for 3Gi years from tlie date of the first supply. If the company dealt with the boroughs direct there would be no need for a poll in The board s district. The consumers had no power to agree to a 36i-year term. I hat could only be brought about by Order-in-C'ouncil. If the board contracted with the company there would have to be a poll throughout the board's district. The company proposed to supply to separate reservoirs in each borough, so that the board, in that case, would have practically no function. Mr. Gould did not think that if the board contracted for supply they would be able to quote the boroughs at a Hat rate, as tlie charges for each year's supply would have to be made according to tlie estimates of revenue and expenditure. City Council's Proposals. "The correspondence from the City Council leaves some doubt as to some parts of their proposals," Mr. Gould continued. It appeared that they wanted a supply contract for a minimum of 21 years, and made provision for supply only to the Birkenhead reservoir, declining to supply to all reservoirs. "Assuming that the board contracted with the City Council for supply to Birkenhead, the question arises as to whether the board would buy water into the Birkenhead reservoir and then sell to the other boroughs from there. If the individual boroughs contracted for supplv, it would be. necessary to allow for supply to their individual reservoirs. It seems reasonable to infer that the estimated cost to the City Council as suppliers has allowed for supply over the whole area of the North Shore, as the consumption in the whole district last year was approximately the same as the minimum guaranteed consumption required for the price quoted.' The scheme reported 011 bv the Public Works Department engineer of using the Wairau Stream as a source of augmentation of the lake supply was considered by the board in committee.

Consideration of Reports. "When reports on different water supply schemes were Submitted, we found that the board did not have sufficient power to act," said, the chairman, lie suggested that the best way of placing the reports before the ratepayers would be to have the different schemes examined by a competent engineer and an accountant, so that something tangible could be stated as regards prices and quality. "What we want is a good, safe water, and one cheap enough for the people's requirements," said Mr. Meikle. "I am quite concerned by the agitation that is going on, and I cannot see that it will achieve any purpose unless it will conclude by giving North Shore consumers a good water at a reasonable price. It is the people who will have to decide ultimately 'what water they will have. If all reports are submitted to a competent engineer and an accountant, people will be able to see at a glance the relative values of the schemes, and can then dccide what is the best source of supply." ' Mr. J. Guiniven, Mayor of Takapuna, considered that the difficulties of the board would not be cleared up until the board was made an elective body instead of being composed, mainly of representatives directly from the four North Shore boroughs..