NEW BILL.

New Zealand Mail, Issue 546, 22 July 1882, Page 1 (Supplement)

NEW BILL.

Tho Road Boards Act, 1882 (Hon. Major Atkinson). This Bill comes into operation ea the Ist Jaauarj, 1883. The following official summary is appended to the copies in circulation :

It repeats about forty Acts and Ordinances, which are specified in the First Schedule, and provides one uniform law respecting the Road Boards of the colony ; many, however, of the provisions being so framed as to leave a considerable range of choice to the ratepayers of each district as to constitution, functions, and procedure in many respects of Road Boards.

It is proposed by the Bill to use the name of Road Board for all these bodies, to call the persons forming the Board members, and their constituencies road districts ; and if divided, to call the divisions sub-divisions, so as to distinguish them from the wards of boroughs and the ridings of counties.

Section 3 makes all existing districts and their Boards districts and Boards under the new Act, and all members of present Boards members still of the Boards under the new Act. i

It is of considerable practical importance in working any system of local government that all the territorial divisions of the colony should be made to fit into each other, aud that the larger divisions should be simply multiples of thesmallor ones. It is therefore desirable that the counties should always consist of so many road districts or outlying districts ; in other words, that no road district should extend over the boundaries of a county. There are but few at present which are open to this objection. To meet these cases, subsection 8 of section 3 gives to the Governor in Council, prior to the coming into operation of this Bill, the power of altering the boundaries either of the oounty or the road district, so as to conform to this principle. If the Boards and Councils affected by the change necessary to be made can agree upou the way in which it is to be effected, the subsection referred to requires the alteration to be made in accordance with such agreement.

In the future, by section 12 no new district or alteration thereof, can be made whereby the district shall extend into more than one county.

It is a generally-expressed wish that the boundaries of ridings of counties should be coterminous with those of road districts. As far as possible an endeavor will be made to give effect to this wish in the Amending Counties Bill, it being considered that the riding should be made to suit the road districts or subdivisions,' and not the reverse.

As to the formation of new districts and alterations of o'd ones, the power is, by Subdivisions 2 and 3, Part 1., vested in the Council, without any discretion save on the points just mentioned, provided the ratepayers desiring the change comply with the requirements of the Act* which are stated in sections 4,12, and 15. The petition asking for the change must be signed by two-thirds of the ratepayers. This is thought to be abetter plan than requiring the signature of only one-third, providing another third do not object, as is the case in the Counties Act. The alterations of subdivisions is, by section 11, left to the Boards themselves, subject, however, to like requirements and conditions as Councils are bound by when altering districts. Section 15 provides for all descriptions of boundaries being first verified by the Survey Office, which does not entail any expense to Boards, and may occasionally prevent those inaccuracies of description which sometimes invalidate an alteration.

Boards are, by sections 24 to 26, to consist of from four to nine members, the Boards having power to alter their numbers within these limits, subject to similar conditions, as far as applicable, to those ou which alterations of boundaries are made.

Throughout the Bill wherever powers are conferred upon Counoils or Boards which they refuse or neglect to exercise, and as to the exercise of which no discretion is left to them, the Governor iu Council ean exercise such powers ; and where the Counties Aot is not in full operation, or is suspended, then the Governor has such power originally. The periods of election and duration of office are dealt with by sections 31 to 33. As this Bill makes considerable alterations in the powers of these Boards, it is thought well to have a general election next year. The day fixed is the last Monday of June, that day being thought suitable because the rural popu : lation have at that time more leisure to attend to local politics, and also because it allows of sufficient time after the end of the financial year to enable the existing Board to prepare its balance-sheet and have the audit completed. It is proposed to have a similar general election every three years, as in the case of municipalities. It seems desirable to give the ratepayers periodically an opportunity of ehoosiDg an entirely new Board, and the objection that it allows of a Board befog wholly composed of inexperienced members is sufficiently met by the assertion that if such happens it will be because it is tbe wish of tht ratepayers, for they are at. liberty to elect the old members as often as they please. The Board is, by section 22, empowered to regulate, by special order, the method and order of retiring during the intervening three years, though no such order is allowed to be made to take effect during the tenure of office of the members forming iu. If no such order is made, then section 33 provides that half the members shall retire every year, thus allowing for an annual infusion of now blood if the ratepayers desire it.. As Road Boards are moat valued, and will probably last longest in the poorer districts, it is very desirous to diminish their working expenses as far as possible. The following provisions are framed with that object : By sections 55 and 57, tbe Chairman, who is to be elected by the Board, may be paid and held other offices under the Board.

By sections 47 and 48, tbe Board may, by

special order, declare that the nominations and elections of members shall take place at one meeting by open voting, thus saving all expense, save that of one advertisement. By section 74, special orders may be passed at any ordinary meeting, and need not be confirmed at another spocial meeting (which is generally found to be pure matter of form), provided notice of the proposed special order be advertised once a week for the four preceding weeks, and a special notice thereof be sent to the members fourteen days before the meeting-

By section 126, by-laws may be made by special order, the advertisement of which need not set out the by-laws in extenso, but only a short statement of their object, leaving the ratepayers to peruse the proposed by-law at the Board’s office, if they desire to do so. The Bill does not require the approval of 'the Governor to any by-laws or special order, nor does it give him any pewer of disallowance, as it is thought that the Court is the proper tribunal to test the validity of any by-law, aud, if itn validity is not disputed, the Board and the ratepayers should be the sole judges of its expediency. Again, a considerable amount of expense will be saved by sections 75, 76,126, and 127, which require that all special orders aud bylaws Bhall be gazetted, and shall only come into force after beiag gazetted. This will entail no cost to the Board, and but trifling cost to the colony, while an imperishable record of the Board’s proceedings will be preserved, which will be available tor reference all over the colony. As the “ Gazette ” notice is by these sections made conclusive evidence of the validity of the thing done until the contrary be proved, in all proceedings the expense of any evidenco of such validity, beyond the production of a copy of the “ Gazette,” will be saved.

By purchasing a number of copies of the " Gazette,” a Board will also save the expense of printing their by-laws for sale to the ratepayers. By sections 125 and 126 several Boards may unite to pass a set of by-laws which shall operate all over their districts. Section 99 makes the County Auditors also the Road Board Auditors. These officers will bo paid out of the Consolidated Fund, thus relieving Road Boards of the expense of audit; while the general public will gain the advantage of an audit by persons who will be more likely to be impartial, as well as strict, than persons affected by local interests. The scheme by which all local bodies will, if they choose, be relieved of the expense attending rating valuations is contained in the Rating Bill. The ratepayers of a road district are, by section 38, declared to be the persons appearing on valuation rolls as occupiers, who are the persons primarily liable for rates, aud who ought, therefore, to have the vote. The preparation or printing of a special ratepayers’ roll is not rendered compulsory, as the title to vote can always be ascertained by reference to the valuation roll.

Of course, in all these provisions which have justbeen remarked upon, there is nothing to prevent Boards from advertising, &c,, to a greater extent, if they deem desirable, as doubtless, in the wealthy and thickly populated districts', many will. Sections 99 to 109 deal with the accounts. It will be observed that the financial year is made to be co-terminous with the financial year of the colony (from the Ist of April to the 31st of March), which will have many advantages. Section 102 gives the Board the month Of April for the preparation of its annual accounts. Section 106 allows the auditors the mouth of May to audit them. The annual meeting at which the accounts and auditors’ reports are considered takes place on the second Monday in June (section 107), and, as before mentioned, the elections take place ou the last Monday in June.

Section 108 contains a very stringent penal provision to prevent misappropriation of funds, which is also strengthened by the portion of section 13, which requires the names of all members voting, whether at meetings of Boards or Committees, on questions of expenditure, to be setout in the minutes.

Sections 112 and 113 give a power of borrowing by way of overdraft, to the extent of one year’s ordinary revenue.

This Bill does not deal with the abolition of Road Boards where desired by the ratepayers, that being left to sections 37 to 39 of the Counties Aot, 1876. Sections 114 to 124 deal with the subject of rates. There are three classes of rates : (1.) General rates, which are leviable all over the district, and form part of the ordinary revenue of the Board. They are limited to three farthings iu tbe pound on the capital value, which is almost equivalent to one shilling in the pound on the annual value. (2. ) Separate rates, which are only leviable where the district is subdivided. They are only another form of general rates, the only difference being that they are separately raised from each subdivision according te its wants, and sptnt in tbe subdivision from which they are raised, save onetwentieth which is retained by the Board to cover general working expenses. The before-mentioned limit applies to those, together with the general rates ; that is to say, the general rate with the separate rate in any subdivision may not together exceed three farthings in the pound. (3.) Special rates, which are rates raised generally on the whole district, or in particular portions of the district for particular works, subject to the consent of two-thirds of the ratepayers affected thereby.

Sections T 22,123, and 124 make special provisions for enabling Road Boards to delegate to counties all or any of their rating powers, and to employ the same collector, &c. As to the general powers of Road Boards, they are dealt with by subdivisions 2 and 3 of the Bill.

Speaking generally, the powers of the Board are Buch a 3 are necessary for the construction or maintenance of all those means of communication in their district, such as roads, bridges, ferries, &e., the responsibility for which is not otherwise thrown upon other bodies. It is proposed to leave the larger and semi-legisla-tive powers which may from time to time be found desirable to be intrusted to local bodies to the counties, Bubject however to this important provision, that, by subsection 4 of section J. 25, it is proposed to give to the Road

Boards in all the counties where the Counties Act is not in operation, or is suspended, all the powers within their respective districts of making by-laws which counties have. Sections 139, 140, and 141 give very wide powers for Road Boards to unite with each other, or with County Councils, River Boards, Boroughs, or Town Boards, for executing works whioh extend to or benefit their several districts ; or to delegate to each other, on such financial basis as may be arranged, either the execution or supervision of works, and generally to make such provision for their mutual aid and assistance as may be thought desirable. These sections will, no doubt, be found very useful.

The numerous other sections of the Bill call for do particular explanation, being such as would be necessary in almost any Bill of this kind. .■ i....