Soil Conservation and Rivers Control Act 1941

Reprint as at 12 November 2018

Coat of Arms of New Zealand

Soil Conservation and Rivers Control Act 1941

Public Act
 
1941 No 12
Date of assent
 
29 September 1941
Commencement
 
29 September 1941
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry for the Environment.

Contents

Title
1Short Title
2Interpretation
3Soil Conservation and Rivers Control Council established [Repealed]
4Chairman of Council [Repealed]
4ADeputies of members [Repealed]
5Members of Council not personally liable [Repealed]
6Meetings of Council [Repealed]
7Minister may attend meetings of Council [Repealed]
8Travelling expenses and allowances [Repealed]
9Officers of Council [Repealed]
10Objects of Act
10ARelationship to Resource Management Act 1991
11Functions of the Authority [Repealed]
12Authority to have powers of Commission of Inquiry [Repealed]
13Catchment territory, catchment areas, and Catchment Commissions [Repealed]
14Regulation of certain operations in catchment areas [Repealed]
15Offences against regulations [Repealed]
16Soil conservation reserves
17Offences in relation to soil conservation reserves
18Unbranded animals trespassing in soil conservation reserves
19Acquisition of other land
20Disposal of land not required
21Surveys and inspections
22Powers of Authority as to watercourses and defences against water [Repealed]
23Incidental powers of Authority [Repealed]
23ADelegation of work [Repealed]
23AADelegation of powers and functions to Catchment Commission [Repealed]
23BAdministrative rates in catchment areas [Repealed]
24Local authorities may contribute towards cost of constructing or maintaining works executed by Authority [Repealed]
24AFinancing local authority’s share of cost of works it undertakes by agreement with Authority [Repealed]
25Contribution by landowners to cost of works [Repealed]
26Exercise by Minister of powers of Catchment Board or other authority in default [Repealed]
27Recovery by Minister of cost [Repealed]
28Minister may empower Valuer-General to raise the amount due by means of rates [Repealed]
29Repeal
30Grants and loans by Minister
30ALand improvement agreements
31Expenditure to be appropriated by Parliament and receipts to be paid to Crown Bank Account
32Contracts and consents by Authority [Repealed]
33Annual report of Authority [Repealed]
33AMinister or Tribunal to hear matters
33BAppeal on a question of law
33CNotice of appeal
33DRight to appear and be heard on appeals
33EOrders relating to determination of appeals
33FDismissal of appeal
33GAppeal in respect of additional point of law
33HExtension of time
33IDate of hearing
33JAppeals to Court of Appeal
34Constitution of catchment districts
34AExtending jurisdiction of Catchment Boards
35Union of districts
36Property, etc, of original districts to vest in united district
37Alteration or abolition of districts [Repealed]
37AConstitution, alteration, or abolition of districts
38Financial arrangements on alteration or abolition of districts
39Creditors not affected by alteration or abolition of districts
40Catchment Boards
41Constitution of Boards
42Combined districts
42AWard or group of wards may be declared separate constituent district
43Alteration of constituent districts not to affect constitution of Board
44Appointment of non-elective members
45Election of members for constituent districts
46Election of members for combined districts
47Expenses of elections [Repealed]
48Deposits by candidates [Repealed]
49Date of first election of Board
50Dates of general elections of Boards [Repealed]
51In default of election Governor-General may appoint members
52Members to come into office on date of election or appointment [Repealed]
53Qualification of members
54Disqualification from election or appointment
55Vacation of office by member
56Filling of extraordinary vacancies
57Ouster of office
58Chairman to be elected by Board
59Remuneration of Chairman [Repealed]
60Majority of Board to determine questions before the Board
61Questions decided by open voting
62Chairman to preside at meetings
63Member not to vote on matter in which he has pecuniary interest [Repealed]
64First meetings of Boards
65Annual and ordinary meetings of Boards
66Special meetings
67Adjournment and postponement of meetings
68Meetings to be open [Repealed]
69Business at ordinary meetings
70Extraordinary business
71Revocation of resolutions
72Committees
73Proceedings not invalid by reason of irregularities in election of members, etc
74Regulating the conduct of business
75Minutes of meetings
76Making of special orders
77Evidence of special orders
78Proceedings to quash special orders
79Public offices
80Board may appoint officers
81Board may contract with officers and servants as to tenure of office [Repealed]
82Acting officers
83Certain officers to give security
[Repealed]
[Repealed]
84Administrative rates [Repealed]
[Repealed]
85General rates [Repealed]
[Repealed]
86Separate rates [Repealed]
[Repealed]
87Special works rate over whole of district [Repealed]
88Special works rate over portion of district [Repealed]
89Maintenance rate in respect of special work [Repealed]
[Repealed]
90Special rates in respect of loans [Repealed]
91Maintenance rate in respect of works constructed out of special loan [Repealed]
[Repealed]
92Valuation roll for the district [Repealed]
93Separate rate or special works rate may be made an annually recurring rate [Repealed]
94Provision as to maximum rate where rates levied on a graduated scale [Repealed]
95Board may direct rate to be levied [Repealed]
96Local authorities may collect rates within their respective jurisdictions [Repealed]
97Annual value and capital value [Repealed]
98Rates to be handed to Board less cost of collection [Repealed]
99Liability if local authority neglects to collect rate [Repealed]
100Local authority may pay amount of rate out of its general fund [Repealed]
100ALiability of Catchment Boards for rates [Repealed]
100BConsolidated rate [Repealed]
[Repealed]
101Rates to be levied on a graduated scale according to classification of lands affected [Repealed]
102General classification of lands [Repealed]
103Appeals [Repealed]
104Signed list to be sufficient evidence of classification [Repealed]
105Amendment of classification list [Repealed]
106Separate classification lists for particular rates [Repealed]
106ARating by agreement [Repealed]
106BRating on area system [Repealed]
107Borrowing powers of Boards
108Advances out of general account for benefit of defined part of district [Repealed]
108ALoans to meet emergency expenditure may be charged on defined part of district
109Classification of lands before loan poll taken [Repealed]
110Number of votes that ratepayer may exercise at loan poll [Repealed]
111Moneys to be paid into bank
112Board may establish an Imprest Account
113Collectors to pay over moneys
113ARemuneration, etc, of assessors
114Travelling expenses of members
114AAnnual allowances and remuneration of Chairman, chairmen of standing committees, and members [Repealed]
115Insurance of members against personal accident while engaged in duties
115ASubscriptions to Catchment Authorities’ Association, etc
116Unauthorised expenditure [Repealed]
117Books of account to be kept
118Accounts to be kept in accordance with requirements of Auditor-General
119Transfers from General Account to meet deficiencies
120Establishment of renewal or replacement funds
121Yearly statement of financial position and statements
122Boards may enter into contracts for purposes of Act
123Mode of contracting [Repealed]
124Boards may make compositions
125Boards may contract with local authorities or Crown
126General powers of Catchment Boards
127Boards to keep hydrological records [Repealed]
128Schemes of works to be prepared by Boards and approved by Minister and Authority [Repealed]
129Boards to furnish information to Minister
129ABoard to furnish information to constituent local authorities
130Governor-General may vest control of watercourses in Boards [Repealed]
131Public Works Act 1981 to apply to construction of works
132Powers of Boards to enter for survey and investigation
133Maintenance and improvement of watercourses and defences against water, etc
134Afforestation, etc
135Incidental powers of Boards
136Notice to authority concerned before interfering with roads, etc
137Notice in respect of works to be undertaken on private land
138Boards may apportion cost of works with owners of lands
139Land may be purchased on system of time payment
140Leasing powers of Boards
141Schemes for reorganisation or abolition of internal drainage and river districts
142Reorganisation and abolition of internal drainage and river districts
143Supervision of drainage works and river works
144Exercise by Catchment Board of powers of Drainage Board, River Board, or local authority in default [Repealed]
145Compensation for injury or damage
145ACompensation for acts of Catchment Commissions, local authorities, and Catchment Boards [Repealed]
145BProcedure in respect of compensation claims
146Board may pay for private works used by it
147Board may purchase land injuriously affected
148Liability for damages arising from neglect
[Repealed]
149Power to make bylaws for the protection of watercourses and defences against water [Repealed]
150Power to make bylaws as to land utilisation [Repealed]
150ADisallowance of bylaws [Repealed]
151Penalties for breach of bylaws [Repealed]
152Bylaws, how made [Repealed]
152AEffect of bylaws [Repealed]
153Obstruction of Minister or Boards
154Damage to watercourses and works
155Interfering with watercourses [Repealed]
156Offences punishable summarily [Repealed]
157Time for prosecutions
158Judge not disqualified as being ratepayer
159Representation of Boards in proceedings in District Court, etc
160Valuation roll to be evidence of ownership
161Service of legal proceedings on Boards
162Notice to be given to Boards of proposed actions [Repealed]
163Authentication of documents
164Notices
165Power to rectify omissions or to validate irregularities, etc
165ALoss or destruction of records, etc
166Regulations
167Regulations to be laid before Parliament [Repealed]
168Board not to construct works on tidal waters without Governor-General’s sanction [Repealed]
169Government works not to be interfered with
170Act not to affect property of the Crown
[Repealed]
[Repealed]
Reprint notes

An Act to make provision for the conservation of soil resources and for the prevention of damage by erosion, and to make better provision with respect to the protection of property from damage by floods