OPUNAKE HARBOUR BILL.

Taranaki Daily News, Volume XXIII, Issue 130, 27 June 1901, Page 4

OPUNAKE HARBOUR BILL.

1. The short title of this Act is: " The Oputiake Harbour Board Act, 1901." This Act .shall be deemed to be a special Act within the meaning o£ " The Harbours Act, 1878," and shall be read subject to the said Act.

2. In this Act Board or Harbour Board means the Harbour Board constituted under this Act, as described in the, first schcdide hereto; Harbour means the Harbour of Opunake as defined at the time of coming into operation o£ this Act, or as it may be hereafter defined under " The Harbours Act, 1878," or any Act amending the same. The said Act means " The Harbours Act, 1878," and all amendments of same.

".. A Harbour Board is hereby constituted under the said Act for the district of Opunake, and such Board shall consist of 7 members, of whom i shall form" a quorum, to be elected by the electors in the respective ridings, namely: 2 members for Cape Riding, 3 members for Opunake Riding, and 2 members for Waimate Riding, as the said several rirMngs are hereinafter defined. 4. The District is hereby divided into ' ridings with the respective boundaries dej scribed in the second schedule hereto, namely: The Cape Riding, Opunake Riding, Waimate Riding.

5. The Opunake Harbour District is hereby constituted and shall comprise all those portions of the Counties of Taranaki and Hawera, which are described and more particularly defined in the first schedule to this Act.

6. The Valuer-General sha'l from time to time supply the Board at the time the intention to hold any election of a member or members of the Board is first publicly notified with a separate list for each Oii ths said ridings, containing the names of the ocoupiers and owners within the meaning of "The Rating Act, 1fc.94," of landed propertics v. ithi'i each such riding, such list to be compiled from the district valuation rolls made under " The Government Valuation of Land Act, 1896," and "The Government Valuation of Land Act, 1896, Amendment Act, 1900." *

The list so supplied by the Valuer-General for each such riding shall be the electoral roll for that riding for and at the time of the election of such member or members of the Board, and every parson whose name is on such electoral roll shall be entitled to a vote for such riding at such election. No elector shall have more than one vote for any one riding, 7. The first election of the members of the Board shall be held at such time and places within the. District and by such returning officer as the Governor by Order-in-Council shall direct and appoint, who shall conduct the said election under the provisions of the "Regulation of Local Elections Act, 1876," and all Acts amending the same in so far as such Acts are not inconsistent w Uh the express provisions of this Act, and the members then elected shall hold office until the second Monday in the month of February, one thousand nine hundred and four, when the first ordinary biennial emotion shall b.i held. The Govemor-in-Council shall appoint the day.Jor-rhe first mooting of the Bopv-I, at which the chairman shall be elected.

8. The Board shall have power to borrow on the security of the endowments, a.id on the rents, proiits, and dues chavgcabV; and recoverable by the Board. Any such sum not exceeding twenty-five thousand poinds at a rate not exceeding six per < entum per annum for the construction and maintenance of such works in or towards the improvement of the said harbour as may be sanctioned by the Governor-in-Council, .9. As further security ■ for the money authorised tribe borrowed as a'oresaid, the Board may nake and levy a special rate, not exceeding one halfpenny in the pound in the year on all ratable property in the district. 10. Before any loan authorised by this Act is raised, the consent of the ratepayers in the district shall first be obtained, as nearly as maybe in the manner prescribed, for raishig loans by local bodies by " The Local Bodies Loans Act, 1886," and the amendments thereof. *

The district is hereby declared to be a district within the interpretation of " district " in "The Local Bodies Loans Act, 1886," aid the Board is hereby declared to be a local authority within the interpretation of "Local Authority" in the same Act. The provisions of " The Local Bodies Loans Act, 1886," and the amendments thereof for raising loans by local bodies are hereby deemed to be incorporated in this Act, and shall be in force in. the district without a special order. 11. At the poll each voter shall have and may exercise one vote and no more. 12. The proceeds of any special rate made and levied as security, or part security for any loan, shall be applied towards payment of the annual charges to accrue in respect of such loan.

13. The provisions of. "The Dating Act, 1894," and its amendments, shall apply tu all special ra'es under this Act. 14. In any proposal to raise a loan a provision may be embodied that the spcciaLrate may vrry in any one or more or each of the i idings of the Harbour District. 15. TheL-ndsof thesaildistrict,be'ngpmt of '.lieratingdistrictasdescribedin id schedule of "The New Plymouth Harbour Board Ordinance, 1875, Amendment Act 1877" are hereby exempted from the payment of all rates to the New Plymouth Harbour Board, ai provided by section fifteen (15) of the New Plymouth Harbour Board Ordinance, 1875, Amendment Act, 1877," except the payment of any rate levied or leviable to provide interest and sinking fund upon the loan of L 200.000, raised by the New Plymouth Harbour Board in the ye^> - )879, and except for the purposes of such loan of £200,000, the New Plymouth Harbour Fo rd shall not in future make or levy any rates within the Opunake Harbour Disttict, or any part thereof, and except for the purposes of thesa T d lean'of £200,0(0, the Opunake Harbour District i« hereby excepted from the second schedule to the "New Plymouth Ordinance, 1875, Amendment Act, 1877." The land f find accruing to the New Plymouth Harbour Toard having been pledged as security for the payment of interest a"-d repaymeat of the principal upon and of the said loan of £200,000 shall not be -t pledged as security for ;;ny further loan or conversion of the present lopn, or at the expiry of the term of the sddloan of £200,000, as security for aiy loan raised to repay same for ny amount greater than the sum of £200,000,1 ss the amount of the accrued sinkirg fund to credit of the said loan of £200,0P0, or in any other way o increase the lnbil'ty of (he ratepayers of the Opunake Harbour Dis'r ct; 16. The Board is hereby endowed with the foreshore as described in the third schedule hereto subject to a license to occupy a'portion thereof issued by the Governor to the Opunake Wharf Company, Limited, by Order-in-Covncil, dated 19th day of January, IS'JI, or more particularly described on plans marked M.D.. liiiKi and 1650, and published in the New Zealand Gazette of January 23rd, 1891.

The Board is hereby authorised to acquire the said license of the said (Jpunake Wharf Company, Limited, and (lie rights of the said Company thereunder, and the terms of the said license of the Company sludl not he extended, except with consent of the -Hoard. (2.) The parcels or pieces of laud as described in the fourth schedule hereto together with revenues derived from the same. 17. Notwithstanding anything contained in section 137 of the said Act or any other Act the Board may lease any reserve vested in the Board for any term not exceeding forty-two years, First Schedule. All' that area, partly in the Taranaki County, and partly in. the Hawera County, Land District of Taranaki, bounded on the North and North-East by the Waiweranui Stream from its mouth to its source, and thence by a straight line to the summit of Mount Egmont, thence on the Xorih-East by a straight line to the Mangawhero Road, a'ong the middle line of the said road to the Sfceet Knad, tnence easterly along the middle o. the Skee. Koad to the Glenn Koad, 'ion on the east along the middle of the Glenn 'Koad to the Kaupoko.ui Stream to its mouth, thence on the south-west and northwest by the Tasman Sea to the place of commencement, SIX'OND SOinSDULK. Cape Hiding.—Bounded towards the north and north-east by the northern boundary j line o'" the Opiu.ake Harbour District, as defined by the first schedule thereto; thence towards die soul'i-cast, south and south-west I from the summit of Mount Egmont by a straight lino to the Ngariki Koad, thence along the middle line of the Ngariki Koad to the South Koad, thence along the middle line of the South Koad to the Manihi Koad, thence along the middle line of the Manihi Road to the ocean, thence on the west by ihe Tasman Sea to the place of commencement. Opunake Hiding.—Bounded towards the north by the south aud south-west boundary

of the Cape Riding, as defined above; tlience 1 from the summit of Mount Egmont by a straight line to the Kiri Road, thence along the middle line o£ the Kiri Road to the Wirimu Road, south-westerly along the middle of the Wirimu Road to the block line between the Opunake and Kaupokonui Survey District, thence southerly along the said block line to the railway reserve, thence westerly along the southern boundary of the railway reserve to the Patiki Road, thence I south-westerly along the middle of the Patiki Road to the South Road, thence north- ( westerly along the middle of the South Road to the Pukelapu Road, thence along the middle of the Puketapu Road to the northeast corner of section 70, block I, Oeo Survey District, thence along the west; boundary J of said section to the oconn, thence bounded] on the south-west and west by the Tasman I, Sea to the point of commencement. Waimatc Riding.—Comprises all that portion of the Opunake Harbour District not included in the Cape and Opunake Ridings. Third Schedule. All that portion of the foreshore between ' the south-west and western boundary of the Opunake Survey District by the Tasman Sea to low water-mark between the mouth, north side of Oaonui Stream to the mouth, south side of the Ouri Stream. Fourth Schedule. All those pieces and parcels of land, being sections 1, 31, 46, 47, 48, and 4i), being portions of the said section 31, and sections 1, 2, 3, 4, and 5, of section 4.7, originally part of section 34, all of Opunake Suburban, block 9, Opunake Survey District. Sections 1, 2, 4, 5, G, 7, 8, 9, 10, 11, 12, block 9; sections 1 to 12, block 10; block 48; sections 2, 3, 4, 5, 6, 7, 8, 9, 10, of block. 22; sections 1, 2, 3, block 16; sections 1 to 10, block 3 ; sections 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, block 27; sections 1 to 4, block 28; and sections Ito 2, block 31; Town of Opunake, block 9, Opunake Survey District.