Soil Conservation and Rivers Control Act 1941

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Version as at 28 October 2021

Soil Conservation and Rivers Control Act 1941

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

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry for the Environment.

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3	Soil Conservation and Rivers Control Council established [Repealed]
4	Chairman of Council [Repealed]
4A	Deputies of members [Repealed]
5	Members of Council not personally liable [Repealed]
6	Meetings of Council [Repealed]
7	Minister may attend meetings of Council [Repealed]
8	Travelling expenses and allowances [Repealed]
9	Officers of Council [Repealed]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11	Functions of the Authority [Repealed]
12	Authority to have powers of Commission of Inquiry [Repealed]
13	Catchment territory, catchment areas, and Catchment Commissions [Repealed]
14	Regulation of certain operations in catchment areas [Repealed]
15	Offences against regulations [Repealed]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22	Powers of Authority as to watercourses and defences against water [Repealed]
23	Incidental powers of Authority [Repealed]
23A	Delegation of work [Repealed]
23AA	Delegation of powers and functions to Catchment Commission [Repealed]
23B	Administrative rates in catchment areas [Repealed]
24	Local authorities may contribute towards cost of constructing or maintaining works executed by Authority [Repealed]
24A	Financing local authority’s share of cost of works it undertakes by agreement with Authority [Repealed]
25	Contribution by landowners to cost of works [Repealed]
26	Exercise by Minister of powers of Catchment Board or other authority in default [Repealed]
27	Recovery by Minister of cost [Repealed]
28	Minister may empower Valuer-General to raise the amount due by means of rates [Repealed]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

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Soil Conservation and Rivers Control Act 1941

Soil Conservation and Rivers Control Act 1941

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