Canterbury Provincial Ordinances
6. Canterbury Roads Ordinance 1872
[19th June 1872.]
Whereas it is expedient to give extended powers to Road Boards to provide for
the better management of local affairs without the limits
of Boroughs and to
amend the laws relating to the control and management of public roads within the
Province of Canterbury:
Be it therefore enacted by the Superintendent of the Province of Canterbury
by and with the advice and consent of the Provincial Council
1. Short Title.
This Ordinance shall be entituled “The Canterbury Roads Ordinance 1872.”
2. Repeal of former Ordinance.
The Ordinance mentioned in the First Schedule hereto shall be repealed
Provided that all proceedings matters and things lawfully had
or done under or
in pursuance of the said repealed Ordinance shall be of the same force and
effect to all intents and purposes as
ii no such repeal had taken place.
Save where there is something in the context repugnant thereto or
inconsistent therewith the following words and expressions shall
mean or include
the matters following: The word “cattle” shall include horses asses
mules sheep goats and swine The word
“road” shall mean and include
any public highway The word “river” shall mean and include any river
stream drain or watercourse The word “district” shall mean any
road district constituted under or by virtue of this Ordinance
“Board” shall mean any district road board constituted under or by
virtue of this Ordinance The word “ferry”
shall include any punt or
floating bridge The word “owner” where used with reference to any
lands in respect to which
any rate is to be paid or work is to be done shall
mean the person for the time being entitled to receive or who if the land were
let to a tenant at a rack rent would be entitled to receive the rack rent from
the occupier thereof The words “public notice”
publication of such
shall mean the notice in some newspaper ordinarily circulated within the
district or the posting of such notice
in not less than six public places within
the district for a space of not less than ten days prior to the event to which
refers a notice shall be deemed to be served when it shall have been
served on the person on whom service is required either personally
or by leaving
the same at his ordinary abode or place of business within the district or if he
shall have no such ordinary abode
or place of business within the district then
by affixing the same to some conspicuous place on the land in respect of which
person shall be liable to be rated or by delivering the same to his known
agent The word “Superintendent” shall mean
the Superintendent for
the time being in the Province of Canterbury The word “Gazette”
shall mean the Government Gazette
of the Province of Canterbury The expression
“rateable value” when used with reference to rateable property shall
the annual value of any such property appearing in a valuation for the time
being in force under this Ordinance and on which value
rates made by any board
are to be made.
I. Constitution of Districts.
4. Province divided into Districts.
There shall be in the Province of Canterbury Road Districts which shall be
named and bounded as specified in the second schedule in
Whenever a road or river shall be described or defined as forming or have
become the boundary of any part of a district a line along
the centre of such
road or river shall constitute such boundary for all purposes.
6. Union of Districts.
If the Boards of any two or more districts which shall adjoin each other and together form one continuous area and in each of which an annual election or first appointment of members of the Board shall have taken place under this Ordinance shall by petitions under the several common seals of such districts pray the Superintendent that such districts be constituted one united district it
shall be lawful for the Superintendent if he shall deem fit so to do by
proclamation to constitute such districts one district under
this Ordinance by
such name as shall in and by such proclamation be assigned to the same and they
shall thereupon be such one district
accordingly and with the like effect as
upon the constitution of any district hereby or hereunder provided always that
such union of districts if either or any of the several districts so
united shall be a single district and have been divided into
such subdivision shall be abolished and each of the several districts so united
which shall be a single district
and each subdivision of any one of such several
districts previously having been a united district shall become and be by the
theretofore borne by the same respectively a subdivision of the district
formed by such first- mentioned union.
7. Division and severance of Districts.
If a majority of the Ratepayers of any portion or portions of any district or
two or more contiguous districts (such portions adjoining
each other and
together forming one continuous area) shall petition the Superintendent that
such portion or portions shall be severed
from its or their existing district or
districts and formed into a separate Road District or annexed to an adjoining or
district it shall be lawful for the Superintendent if he shall think
fit so to do to refer any such petition to the Provincial Council
Province of Canterbury for their consideration and the Provincial Council may by
resolution decide that any such portion or
portions shall be severed from its or
their existing district or districts and constituted into a separate district or
an adjoining or contiguous district as the case may be and thereupon
the Superintendent shall by proclamation declare that such portion
shall be severed from such district or districts and constituted into a new
district under such name as shall seem fit
or annexed to such adjoining or
contiguous district from a date to be fixed in such proclamation.
8. Districts when severed, &c., to deemed new Districts.
Under the provisions of the two preceding sections in every such case of
separation or union the districts affected or constituted
thereby shall be
deemed to be new districts under the provisions of this Ordinance and shall be
proclaimed as aforesaid and all subdivisions
(if any) of the original district
or districts shall cease to exist and the seats of the members of the Board of
every such district
shall thereupon become vacant and an election of the members
of the Board of every such district shall thereupon be held and take
manner and under and in pursuance of the provisions hereinafter contained for
the first election of members of the Board
of a district in which no Board has
been in office.
9. Subdivision of Districts.
At any time after the first ordinary annual election or general election as
the case may be of the Board for any district the Superintendent
if he shall
have received a petition to that effect from the Board of the said district or
from one-fourth or more of the number
of persons liable to be rated under this
Ordinance in respect of rateable property in the said district may by
three months after the receipt of the same divide the
district into two or more separate subdivisions by such names as shall by such
proclamation be assigned to the same and in and by such proclamation the
boundaries of the subdivisions shall be set forth Provided
that no such division
shall be made within three months before the day appointed for holding the
annual election of members of the
Board in or for such district.
10. Board to be Body Corporate.
The inhabitants of every district constituted hereunder shall be a body
incorporated under the name of the “Road Board of the
District” as the case may be and by that name shall have perpetual
succession and a common seal and shall be capable
in law by such name for the
purposes and subject to the provisions of this Ordinance of doing and suffering
all such acts and things
as bodies corporate may by law do and
11. Number, &c., of Members.
There shall be in and for each district a Board consisting of five members
who shall be elected in manner hereinafter provided.
12. Members to represent respective subdivisions.
In every case in which a district shall be divided into subdivisions the
members of the Board shall not be elected in and for the
district at large but
the number of members to be elected for each subdivision shall be determined by
the Superintendent and published
in the proclamation fixing the boundaries of
13. Members how assigned when district is subdivided.
The members of a Board who shall be in office in a district at a time when
the same shall be divided into subdivisions shall be severally
assigned by the Superintendent in the proclamation declaring such subdivision to
each subdivision and shall for the purposes
of this Ordinance be deemed the
members for the same for the then current year.
14. Qualification of Member of Board.
No person shall be eligible to be elected as a member of the Board unless he
shall be a Ratepayer of the District and shall have paid
all rates which he
shall have been liable to pay under the authority of this Ordinance at the time
of such election And if any member
of the Board shall become insolvent or of
unsound mind or shall have been convicted of any felony or shall be in arrear of
which he shall have become liable to pay under the authority of this
Ordinance or shall accept or continue to hold any place of profit
under the Board or shall have any pecuniary interest in any works of a value not
exceeding ten pounds in the aggregate
in any one year done under the authority
of the Board other than as a shareholder in a public registered Company
or shall have resigned his seat at the Board by writing
under his hand addressed to the Chairman thereof or shall have been absent
four consecutive ordinary meetings of the Board without leave from the Board in
writing first obtained his seat at the Board
shall ipso facto become vacant and
the Chairman of the Board or if there be no Chairman the Superintendent shall
forthwith by public
notice call a meeting of the Ratepayers of the District or
subdivision as the case may be to elect a Member to fill such vacancy
Member so elected shall continue in office so long only as the Member would have
continued in whose place he shall have been
elected Such election shall be
conducted in the manner hereinafter provided.
15. Members to retire in rotation.
At the annual election in every year two members and three members alternately shall go out of office and the members who shall so go out of office shall always be the members who have been the longest time in office without re-election and if by reason of two or more members having become members at the same time
it shall not be apparent under the foregoing part of this section which of
such last- mentioned members ought at any time to go out
of office then the
Board shall itself determine by lot in what order and which of such members
shall go out of office.
16. When the district is subdivided all the members to go out of office.
Upon the division of any District into subdivisions all the members of the
Board shall go out of office at the then next annual election
but shall be
eligible for re- election.
17. Retirement of Members when District is subdivided.
At the first meeting of the new Board after any District shall have been
divided into subdivisions the Members thereof shall determine
by ballot which two of their number shall retire at the next annual election and
the two Members of the Board so
ballotted shall hold office until such next
annual election only in like manner as if they had respectively been in office
years but shall be eligible for re-election but in case such ballot
shall not be taken the Chairman shall decide by lot those Members
shall’ retire under the provisions herein contained and thereafter the
provisions of section fifteen shall be applicable
for the purpose of determining
the members to go out of office at the annual elections.
18. Members can be re-elected.
Nothing herein contained shall prevent any person from being immediately or
at any time re-elected a member of a Board if he shall
for the time being be
capable under the provisions hereof of being and continuing such
Every person of the full age of twenty-one years whose name shall appear on
the Ratepayers’ Roll and who shall have paid all
rates which he shall have
been liable to pay under the authority of this Ordinance and who shall be of
sound mind shall be entitled
to take a part at all meetings of the ratepayers of
the district and shall be entitled to vote thereat according to the following
scale that is to say every person who shall appear on the Ratepayers’ Roll
as liable to be rated in respect of property of
net annual value not exceeding
twenty-five pounds shall have one vote in respect of property exceeding the
value of twenty-five pounds
and not exceeding fifty pounds two votes exceeding
fifty pounds and not exceeding one hundred pounds three votes exceeding one
pounds and not exceeding two hundred pounds four votes and exceeding two
hundred pounds five votes Provided that if in any road district
there are not
six ratepayers on the ratepayers’ roll or if no ratepayers’ roll has
been completed every person whose
name shall appear on the electoral roll for
the time being in force for the election of members for the electoral district
in which such road district is situated in respect of property
situated within such road district and every householder resident
road district shall be taken and deemed to be a ratepayer for the purposes of
20. Qualification in subdivision.
Where any district shall be divided into sub-divisions every person who under
the last preceding section would be entitled to vote
as therein mentioned shall
instead thereof be entitled to be enrolled upon the ratepayers’ roll to be
made as hereinafter provided
for the sub-division or sub-divisions wherein any
rateable property in respect of which he is so entitled is situated and being so
enrolled to vote in all elections of members of the Board of the district to be
held in and for such sub-division or sub-divisions
as hereinafter provided and
the said section and every provision thereof shall as to each sub-division be
read as applying thereto
and not to the district at large.
21. Joint occupiers.
Where any rateable property is jointly occupied or jointly owned by more
persons than one each of such persons shall for the purposes
of the two last
preceding sections be deemed to be the occupier or owner of rateable property of
equal annual value to that of the
whole of such first-mentioned property divided
by the number of such joint occupiers or owners thereof if such several annual
shall be not less than ten pounds but if such several annual values shall
be less than ten pounds then a number of such joint occupiers
or owners equal to
the number of votes which could be exercised in respect of such property if the
same were singly occupied or owned
shall be deemed for the purposes aforesaid to
be the occupiers or owners of the whole but those entitled to vote shall have
one vote each and such occupiers or owners so to be deemed occupiers or
owners shall be those whose names shall stand first in order
upon the rate then
last made or if no rate has been made upon the valuation and return made as
IV. Appointments, Elections, &c.
22. Appointment of first Board.
It shall be lawful for the Superintendent by warrant under his hand to
appoint fit and proper persons to be the first members of the
for the several districts specified in the second Schedule hereto who shall hold
office until the first annual
ordinary election when the whole number of members
shall under the provisions herein contained go out of office.
23. First election in new District.
For the first election of members of the Board in every district in which no
member of the Board shall have yet been in office those
persons enrolled on any
electoral roll which under the provisions of “The Registration of Electors
Act 1866” shall for
the time being be in force whose qualifications are in
respect of lands and tenements situate within the district and those persons
are householders resident within the district and no other person shall on such
day as the Superintendent shall appoint not being
less than forty days after the
same shall have become such district and in the manner hereinafter mentioned
elect from the persons
capable of being such members the whole number of members
hereby assigned to such district.
24. Annual ordinary elections when there is no Ratepayers’ Roll.
In every district in which members of the Board shall be in office hereunder
if a ratepayers’ roll shall not as yet be in force
for such district or
where such district is divided into sub-divisions for each sub-division thereof
those persons enrolled on any
electoral roll which under the provisions of
”The Registration of Electors Act 1866” or any other Act for the
shall for the time being be in force whose qualifications are in
respect of lands and tenements situate within the district if not
sub-divisions or if the district be divided into sub- divisions within any
sub-division thereof for which no such ratepayers’
roll shall be in force
shall on the day that the Board shall appoint in the first week in the month of
January in each year and in
the manner hereinafter mentioned elect from the
persons capable. of being such members the number of members to be elected in
room of those who shall under the provisions herein contained go out of
office by rotation in that year.
25. Annual ordinary elections when Rate-payers’ Roll is made.
In every district not divided into sub-divisions the rate payers enrolled
upon the ratepayers’ roll for the time being in force
for the district and
in every district divided into sub-divisions the ratepayers enrolled upon the
ratepayers’ roll for the
time being in force for each sub-division of such
district shall on the day that the Board shall appoint in the first week in the
month of January in each year and in the manner hereinafter mentioned elect from
the persons capable of being members of the Board
the whole number of members to
be elected in the room of those who shall under the provisions herein contained
go out of office by
rotation in that year.
26. One vote allowed when there is no Ratepayers’ Roll.
At all elections hereunder at which persons shall be entitled to vote by
reason of their being enrolled on some electoral roll for
the time being in
force under “The Registration of Electors Act 1866” or by reason of
their being householders such persons
shall not be entitled to give more than
one vote to each candidate whatever may be the value of the qualification of
27. Chairman to preside.
Every election of members of the Board of any district not divided into sub-
divisions shall be held by and before the chairman of
the Board and if at any
time there be no such chairman or if the chairman be incapable of acting or
refuse or neglect to act the
Board of the district or in their default or if
there be no such Board and at the first elections under this Ordinance the
may and shall appoint some person by and before whom such
election shall be conducted or if such person shall refuse or neglect to
ratepayers or electors present at the time and place appointed may and shall
appoint some person before whom the election
shall be conducted.
28. Presiding Officer in subdivisions.
In every district divided into sub-divisions all elections of members of the
Board for any sub-division shall be held by and before
such one of the members
for such sub-division or if there be no such member by and before such one of
the other members of the Board
as the Board shall from time to time have
appointed for holding elections in and for such sub-division and if the Board
to make such appointment and in case of the first election under
this Ordinance by and before such person as the Superintendent shall
occasion appoint in that behalf or if such person shall refuse or neglect to act
then the voters present at the time and
place appointed may and shall appoint
some person before whom the election shall be conducted.
29. Manner and expenses of election.
All elections shall be held and conducted in the manner hereinafter provided
and all reasonable expenses of or incidental to any election
incurred by the
returning officer shall be repaid to him by the Board out of the district
Proceedings of the Board.
30. Election of Chairman.
At the first meeting of the Board in every district and subsequently at the
first meeting of the Board next after the annual ordinary
election the Board
shall by the majority of votes of the members present elect one of their body to
be chairman who shall hold office
until the next annual ordinary election shall
have been held and such chairman shall preside at all meetings of the Board at
he shall be present and if such chairman cease to be a member he shall be
incapable of being or continuing chairman and in case the
chairman die or by
writing under his hand delivered to the Board at any meeting thereof or to the
clerk of the Board resign his office
or as aforesaid cease to be a member or be
ousted of such his office by a rule or order of any competent court or a judge
the members present at the meeting next after the occurrence of such
vacancy or at any meeting before there shall as yet have been
a chairman shall
choose some one of their body to be chairman and the chairman so elected shall
continue in office until the next
annual ordinary election shall have been held
and if at any meeting of the Board the chairman be not present one of the
shall be elected chairman of such meeting by the majority of the
votes of the members present thereat and such chairman shall exercise
powers at such meeting as the elected chairman Provided always that any chairman
shall have the same powers in bringing
any matter before the Board as are
accorded to any other member of the Board.
The Board may enter into contracts with any person for the execution of any
works directed or authorised by this Ordinance to be done
by the Board or for
furnishing materials or for any other things necessary for the purposes of this
Ordinance and every such contract
for the execution of any work shall be in
writing and shall specify the work to be done and the materials to be furnished
price to be paid for the same and the time or times within which the
work.is to be completed and the penalties to be suffered in
case of non-
32. Board may make bye-laws affecting certain matters.
The Board of any district may provide and from time to time make bye-laws for
the following matters within such district or any portion
thereof so far as the
same are not herein expressly provided for and may from time to time by other
bye- laws alter or revoke any
such bye-law namely for—
Regulating their own proceedings and the duties of their officers and
servants and preserving order at the meetings of the Board.
Preventing and extinguishing fires. Lighting with gas or otherwise.
Suppressing nuisances houses of ill fame and gaming houses.
Compelling residents to keep their premises free from offensive or
Regulating market dues fairs and sales.
Aligning curbing paving guttering gravelling and cleansing roads rivers and
gutters as the case may be.
Regulating the removal of soil from roads. Sewerage and drainage.
Restraining noisome and offensive trades.
Preventing or regulating the bathing or washing the person in any public
water near a public thoroughfare.
Preserving public decency.
Causing vacant land not being Crown Lands to be enclosed where public safety
is likely to be endangered.
Keeping of swine and goats.
Planting and preserving trees and shrub
And generally maintaining the good rule and government of the
VII. Officers, etc.
33. Appointment, &c., of Officers.
The Board may from time to time appoint and employ a treasurer clerk engineer
surveyor valuers collectors and all such other officers
to assist in the
execution of this Ordinance as they shall think proper and necessary and from
time to time remove any of such officers
and appoint others in the room of such
as shall be so removed or as may die resign or discontinue their offices and may
out of the
district fund pay such salaries and allowances to the said officers
respectively as the Board shall think reasonable and all such
observe the provisions herein contained and any two or more of the said offices
may be held by the same person.
34. Members of the Board may act.
Any member of the Board shall be capable of being or continuing clerk or
treasurer or any other such officer of the district as in
the last preceding
section mentioned but shall not be paid any salary fees or other reward for
services performed as such clerk treasurer
or other officer.
35. Appropriation of revenue.
The Board shall expend all money paid to it under any Ordinance of the
Superintendent and Provincial Council in accordance with the
provisions of such
Ordinance and shall expend all money arising from rates levied within the
district and all other moneys received
by it under the provisions of this
Ordinance in the construction and maintenance of roads and upon the cleansing
repairing of any river within the district in the payment of the
salaries of its officers and all other expenses incident to the
transaction of the business of the Board and generally upon works of public
utility to the district.
36. Bank account.
All moneys of the body corporate amounting to twenty pounds and upwards shall
within thirty days after they shall have come to the
hands of the proper officer
of the Board be paid into such bank as the Board shall from time to time have
appointed for that purpose
and no such money shall be drawn out of such bank
save by cheques signed in such manner as the Board may appoint.
VIII. Rateable Property, Rates, &c.
37. Description and exceptions.
All lands tenements and hereditaments shall be rateable property within the meaning of this Ordinance save as is next hereinafter excepted that is to say except land the property of Her Majesty and land occupied or used for public purposes by th Crown or the Government of New Zealand or by the Province of Canterbury or by the Board of the district and hospitals benevolent institutions and buildings used exclusively for public charitable purposes churches chapels and other buildings used exclusively for public worship and buildings used as athenaeums mechanics’ institutes public schools or as residences of schoolmasters or schoolmistresses thereof provided they be inhabited only by the master or mistress of such schools or his or her family and burial grounds
38. Power to levy rates.
The Board of every district shall once at least in every year and may from
time to time as they see fit in manner hereinafter mentioned
make and levy rates
to be called general rates equally on all rateable property within such district
and no such rates made in any
one year shall exceed the amount of one shilling
in the pound of the annual value of such property and the Board of every
may also make and levy special rates for the purposes and subject to
the provisions hereinafter expressed and contained.
39. Special rates.
When it appears to the Board that any work or improvement is for the special
benefit of any particular portion of the district the
Board may for defraying
the expenses incurred in doing or executing such work by special order
distinctly defining such portion and
approved by the Superintendent make and
levy a rate or rates to be called a “special” rate equally on all
situated within such portion and no such rate or rates made in
any one year shall exceed in the aggregate the amount of two shillings
pound of the annual value of such property Provided always that public notice
shall be given of the intention to levy such
a rate at least one month before
the same is levied and if within such time a protest be left at the office of
the Board signed by
at least one half the ratepayers within such portion
reckoned according to their votes then such rate shall not be levied and such
special rate so levied shall be expended only for the purposes for which the
same has been made anything he in contained to the contrary
40. Persons who are liable.
Every rate whether general or special which the Board of any district is by
this Ordinance authorized to make or levy shall be made
and levied by them at
such periods as they shall think fit upon every person who occupies or if there
be no occupier then upon the
owner of any rateable property whatsoever within
such district according to the full net annual value of such property and the
rates shall be vested in the Board and shall be payable at such times
either the whole or in such parts or instalments as they shall
41. Times when rates may be made.
Every rate made under this Ordinance shall be made for and in respect of such
period after the making such rate as the Board shall
think fit and shall be
named by the Board when making the same but this section shall not prevent the
Board from making or levying
during any such period another rate if they shall
otherwise have power hereunder to make or levy the same.
42. Rates may be retrospective.
The Board may make any such rate in order to raise money to pay charges and expenses to be incurred or in order to raise money to pay charges and expenses already incurred.
43. Estimates to be prepared.
The Board from time to time before proceeding to make any general or special
rate which they are by this Ordinance authorized to make
or levy shall cause an
estimate to be prepared of the money required for the several purposes in
respect of which they are authorized
to expend or apply the district fund
showing the several sums already available for such purposes the several sums
required the rateable
value of the property assessable and the rate on each
pound of such value necessary to raise the money required which estimate after
the same has been approved of by the Board shall be forthwith entered on the
rate-book to be kept as hereinafter provided.
44. Notice of rate to be given.
Public notice of the intention of making every rate authorized to be made
under the provisions of this Ordinance and of the time at
and the period in
respect of which the same is intended to be made and of a place where a
statement of the proposed rate is deposited
for inspection by the ratepayers
shall be given by the Board.
45. Rate-roll to be prepared.
Every such rate shall be fairly transcribed in a book to be called the Book
of Rates to be kept for that purpose and may be in the
form given in the third
schedule to this Ordinance or as near thereto as the circumstances of the case
shall permit and every such
rate shall contain an account of every particular
set forth at the head of the respective columns so far as the same can be
and shall be signed by the chairman or the clerk of the
46. Notice to be sent to non-residents.
The Board shall fourteen days at the least before the making of any rate
cause a notice in the form or to the effect in the fifth
Schedule to this
Ordinance to be sent through the post to any person or persons in the said Book
of Rates who shall not be actually
resident within the district addressed to his
last known place of abode within the Province of Canterbury but not
47. Rate may be inspected.
The statement of the proposed rate and the rate immediately after the same is
made shall be open to the inspection of any person interested
or rated at all
reasonable times until one month at the least from the making of the rate and
any such person may take copies or
extracts from such statement or rate without
paying anything for the same and any person having the custody of such statement
rate who shall refuse to permit any person so interested or rated as
aforesaid or shall not on his request permit him to take copies
or extracts from
such statement or rate shall for every such offence be liable to a penalty not
exceeding five pounds.
48. Ratepayers’ Roll to be made.
The Board of every district shall during the week ending on the Thirtieth day
of September in each year make out according to the
form in the fourth Schedule
to this Ordinance from the last rate which shall by the Rate Book to be kept as
herein provided appear
to have been made for the district or from the valuation
and return to be made as herein provided if no rate shall as yet have been
a list to be called the Ratepayers’ Roll of the names of all persons
occupying property within the district liable to
be rated according to the
provisions of this Ordinance and also the names of the owners thereof And such
Roll shall also contain
the several particulars specified under each heading in
the said form Provided that whenever the name of any owner liable to be rated
to be inserted in such Roll cannot after diligent enquiry be ascertained it
shall be sufficient to designate such owner as the
“owner” of the
property rated without stating his name.
49. Ratepayers’ Roll for subdivisions.
Where any district shall be divided into subdivisions the sections hereof
relating to the formation and amendment of the Ratepayers’
Roll shall be
read with reference to such District in manner following that is to say instead
of the Ratepayers’ Roll for the
District at large there shall be a
separate Ratepayers’ Roll for each subdivision of the District and the
Roll for each subdivision as amended from time to time and
signed by the Chairman of the Board or not less than two members of the
shall be the Ratepayers’ Roll for the subdivision and shall continue in
force for the said subdivision until another
Ratepayers’ Roll shall have
duly come into force for the same and subject to the provisions herein contained
shall take effect
according to their tenor respectively for each separate
subdivision of such district instead of the district at large.
50. Owner to be described as owner when name is not known.
Whenever the name of an owner liable to be rated under the provisions of this
Ordinance is not known to the Board it shall be sufficient
to rate such owner as
the owner of the property to be rated by the designation of the owner without
stating his name.
51. Rights of Owners under Leases made prior to this Ordinance.
When any owner is rated in respect of any rateable property in the occupation of any tenant under a lease or agreement made prior to the commencement of this Ordinance such tenant shall repay to the owner all sums paid by him during the continuance of such lease on account of any rates under this Ordinance payable by the occupier unless it shall have been agreed that the owner shall pay all rates in respect of such property and every sum so payable by the tenant to the owner may be recovered if not paid upon demand in any court of competent jurisdiction.
52. Weekly tenants not to pay rates.
The owners of all rateable property which is let to weekly tenants shall be
rated and pay the rates by this Ordinance directed to
be made instead of the
occupiers thereof who shall not in any such case be rated as such
53. Owner to pay rates in default of occupier
When the occupier of any rateable property shall have quitted the same
without having paid all the rates to which he shall have become
respect thereof and then payable by him the Board may either recover such rates
from the person so having quitted or may
elect to recover the same from the
owners of the property who shall thereupon be liable to pay the same.
54. Penalty in case of occupier refusing to give name of owner.
If on the request of the Board of the district or any collector of the said
rates duly authorised by them as such the occupier of
any property refuses or
wilfully omits to disclose or wilfully mis-states to the Board or Collector
making such request the name
of the owner of such property of the person
receiving or authorised to receive the rents of the same such occupier shall be
to a penalty not exceeding five pounds.
55. Board can excuse payment in cases of poverty.
It shall be lawful for the Board if it shall be represented to them by any
person liable to pay any rate that he is unable by reason
of poverty to pay such
rate and if the Board shall be satisfied of the truth of such representation to
remit and excuse the payment
of such rate or any part thereof.
56. Valuation to be made.
The Board of each district in which no valuation has been made under this Ordinance shall within three months after the constitution of the district cause to be made for such district and the Board of every district may from time to time afterwards as shall seem fit cause to be made for such district a valuation of all the rateable property within the district or such part as the case may be by competent persons to be called valuers in such manner and form and such valuers shall have such powers and duties as are hereunder prescribe and the rates made by the Board for the purposes of this Ordinance shall be made upon such valuation then last made and in every such valuation the property rateable shall be computed at its net annual value (that is to say) at the rent at which the same might reasonably be expected to let from year to year free of all usual tenants’ rates and taxes and deducting therefrom the probable average annual cost of the repairs insurance and other expenses (if any) necessary to maintain such property in a state to command such rent Provided that all rateable property which shall not since the sale alienation or other disposition thereof by the Crown have be improved by building cultivation or enclosure or in other like manner shall be computed as of the net annual value of five per centum upon the fair capital value of the fee simple thereof.
57. Form of valuation.
Every valuer appointed under this Ordinance shall make and return his
valuation of rateable property in the district in the form contained
seventh schedule or to the like effect and shall also at the same time state in
such return with regard to each rateable tenement
or hereditament the several
particulars shown in the respective columns of the said Schedule.
58. Valuer empowered to enter on premises.
Every valuer shall for the purpose of making the valuation and enter on
premises. return a aforesaid have power to enter at a reasonable
hours in the
day time into and upon all rateable property within the district without being
liable to any legal proceedings on account
59. Empowered to make enquiries.
It shall be lawful for any valuer to put to any person in occupation or in
charge of any rateable property which such valuer shall
have been authorised
under the provisions hereof to value questions upon all such matters as shall be
necessary to enable such valuer
to state correctly the several particulars
herein required to be stated in his valuation and return with regard to the
if after being informed by such valuer of his purpose in putting
such questions and of his authority under this Ordinance to put
the same any
such person in occupation or charge or any such owner shall refuse or wilfully
omit to answer the same to the best of
his knowledge and belief or shall
wilfully make any false answer or statement in reply to any such question such
person shall on
conviction forfeit and pay for every such offence a penalty not
exceeding five pounds.
IX. Maintenance of Roads, &c.
60. Roads, &c., to be under care of Board.
All roads and rivers not being private property within any district except
roads and rivers of which the Provincial Government shall
take upon themselves
the maintenance and repair and all public bridges and ferries within any
district or placed under the control
of the Board thereof as herein provided and
being upon such roads or connecting any part thereof within the district with
part thereof within or without the same shall be under the care and
management and subject to the direction of such Board and every
such Board shall
subject to the provisions hereof have full power to form construct improve
repair and maintain all such roads bridges
and ferries Nothing herein contained
shall be deemed to restrict or limit or take away any powers which any Board of
under the “Canterbury Rivers Act 1870” may have
respecting the control or management of any river or rivers.
61. Buildings, &c., to be vested in Board.
The right interest and property of and in all toll-houses toll-gates and
other erections and buildings lamps bars toll-boards direction
posts rails chains fences and other things and all ferries which shall hereafter
be placed erected or provided
under this Ordinance in or for any district or be
placed under the control of the Board thereof as herein provided with the
appurtenances thereof and the material of which the same shall consist
and all the materials tools and implements which shall be
constructing repairing or maintaining the roads bridges or ferries within the
district or such bridges or ferries as
may be placed under the control of the
Board under this Ordinance and the scrapings of all such roads shah be vested in
of the district Provided always that nothing herein contained shall be
deemed to vest in the Board of any district any right interest
whatsoever in any toll- house toll-gate or other erection or building or in any
lamp bar toll-bar direction- board milestone
posts chains rails or other thing
upon or near any road in any district of which road the Provincial Government
shall have taken
or shall take upon themselves the maintenance and
62. Boundary roads.
If any part of a road shall lie along and upon or be adjoining lengthways to
the limits of any district but a portion of the breadth
of such part shall lie
outside such district within any limits of any other district within the said
Province and if such road shall
not as to such part theretofore have been
drained formed macadamised or otherwise made good or shall be ruinous or out of
the Board of either district may cause to be given to the Board of the
other district a notice stating the desire of the Board giving
the notice that
such part of such road as aforesaid and described in such notice may be drained
formed macadamised or otherwise made
good or repaired and offering to treat and
agree with the Board receiving the notice with respect to the performance by
of the whole or part of such work and the future maintenance and
repair of such part of the said road and such agreement may as to
any or all of
such matters be made accordingly and every such Board giving or receiving such
notice shall for the purpose of carrying
out any such agreement have power to
perform any such work or any part thereof and to provide for such maintenance
63. Boundary rivers.
If any part of a river shall lie along or upon or be adjoining lengthways to
the limits of any district but a portion of the breadth
of such part shall be
outside such district and shall be adjoining to or within any limits of any
other district and if such river
shall at any time require cleansing scouring or
clearing of weeds watercress or other matter the Board of either district may
to be given to the Board of the other district a notice stating the desire
of the Board giving the notice that such part of such
river as aforesaid and
described in such notice may be cleansed scoured or cleared of weeds watercress
or other matter and offering
to treat and agree with the Board receiving the
notice with respect to the performance by either party of the whole or part of
work and the future cleansing scouring and keeping clear of such weeds
watercress and other matter of such part of the said river
and such agreement
may as to any or all of such matters be made accordingly and every such Board
giving or receiving such notice
shall for the purpose of carrying out any such
agreement have power to perform any such work or any part thereof and to provide
any such work for the future.
64. Board can claim from adjoining Board part cost of maintaining boundary roads, &c.
If one month after the receipt of any such notice mentioned in the two
immediately preceding sections such Board receiving the same
shall not treat and
agree with the Board giving such notice as to the subject matter thereof it
shall be lawful for the Board giving
such notice to execute the whole or any
part of the works mentioned in such notice and to recover from the Board so
omitting to treat
and agree in any Court of competent jurisdiction a proper
proportionate part of the expenses of so doing according to the circumstances
the case provided that the Board so executing shall have executed so much of any
such work as shall apply to such last-mentioned
65. Board to have control over water-courses.
It shall be lawful for the Board to cleanse and clear all natural
watercourses within the district from all accumulation of vegetable
matter calculated to obstruct the flow of water therein whether such
watercourses run through private property or not and
for such purpose the Board
by its officers may enter on all private property within the district upon
giving twenty-four hours previous
notice in writing to the occupier thereof
Provided that if it shall appear to the Superintendent upon the certificate of
Engineer or officer acting in that capacity that any work being
executed or proposed to be executed by the Board of any district
with any drain watercourse stream or ditch is likely injuriously to affect any
adjoining district it shall be lawful
for such Superintendent by writing under
his hand to order such Board immediately to desist from the execution or further
of such work and upon the receipt of such order such Board shall
forthwith desist from the execution or further prosecution of such
work as the
case may be In the interpretation of this section the term “natural
watercourse” shall include any ditch
or drain which has in the opinion of
the Board of any district become necessary as a drainage outlet for such
district or any part
66. Penalty for obstructing drains.
Any person placing obstructions in any river or ditch within any district and
not being within the jurisdiction of any Conservators
appointed under the
provisions of any Act in force for the time being for the conservation of rivers
to the detriment of any public
right shall be liable to a penalty not less than
One Pound or more than Ten Pounds.
67. Penalty for emptying foul drains in rivers, &c.
If any body or bodies politic or corporate or any person or persons
whomsoever shall at any time empty drain or convey or cause or
suffer to be
emptied drained or conveyed or to run or flow any washings or other waste
liquids substances or things whatsoever which
shall arise or be produced in any
manner whatsoever into any river brook or running stream or into any ditch drain
or sewer communicating.
with any of them or do or cause to be done any act or
thing to the water contained in any such river creek or running stream whereby
the water contained therein or any part thereof shall or may be polluted fouled
or corrupted then and in every such case any such
body politic or corporate or
person or persons so offending as aforesaid shall be liable to a penalty not
exceeding fifty pounds.
68. Clearing rivers or streams of water-cresses, &c.
If at any time hereafter the rivers creeks watercourses ditches or drains or
the part or parts of any such rivers creeks watercourses
ditches or drains in
any district shall by reason of not being sufficiently cleansed or opened or
kept free from watercresses weeds
and other obstructions hinder and obstruct the
free passage of the water from the same or any other rivers creeks watercourses
or drains or the part or parts thereof in any adjoining district and if
the same shall not be perfectly cleansed and opened and cleared
weeds and other obstructions within one calendar month after notice in writing
shall have been given thereof to be
left at the place of abode of the Chairman
of the Board of such first-mentioned district by or on behalf of the Board of
in which any such hindrance or obstruction shall from time to time
take place it shall then be lawful for any such Board giving or
causing to be
given any such notice as aforesaid from time to time as often as there shall be
occasion to open cleanse and clear
from watercresses weeds and other
obstructions the said rivers creeks watercourses ditches or drains and the
thereof shall and may be recovered by any such Board from
the Board to whom any such notice has been given and making default as
69. Boundary bridges, &c., to be under control of that Board which
Superintendent shall appoint.
The Superintendent may by proclamation appoint that any bridge or ferry which
may have been or may hereafter be placed or provided
at the boundary of any
district on or over any river or creek whereof the whole breadth and both banks
shall not at the site of such
bridge or ferry lie or be within such district
shall with the approaches thereto be under the control of the Board of such
and the same shall be under their control accordingly Provided that
half the reasonable expenses of maintaining any such bridge or
ferry shall and
may be recovered in a court of competent jurisdiction by any such Board from the
Board from the adjoining district
within which part of the breadth and one bank
of any such river shall at the site of such bridge or ferry lie.
70. Closing of roads temporarily.
The Board may stop up any road and prevent the same from being used as a common thoroughfare for a reasonable time during the execution of any work authorised by this Ordinance.
71. Precautions to be taken.
The Board shall during the execution of any work or the stoppage of any road
take proper precautions for guarding against accident
and if any person shall
without the authority or consent of the Board take down alter or remove any bar
chain or other protection
or extinguish any light placed at or near to any bar
chain or work for protection he shall for every such offence on conviction
before a court of competent jurisdiction be liable to a penalty not
exceeding Five Pounds or to be imprisoned for any period not
72. Power to enter on private land.
It shall be lawful for the Board of every district by their engineer or
surveyor or other person authorised by them after giving the
owners or occupiers
of the land not less than three or more than fourteen days’ notice of the
intention so to do to enter upon
any land adjoining any road not being Crown
lands or lands over which the native title shall not have been extinguished and
the site where any house stands nor being a garden yard park planted
walk or avenue to a house or any enclosed ground planted or
set apart as an
ornament or shelter to a house or planted or set apart as a nursery for trees or
any part thereof respectively whereof
the owner or occupier does not consent to
such entry for the purpose of constructing altering or repairing any drains
causeways or bridges of or on such road or of repairing such
road and the Board shall make reasonable compensation to such owner
for any damage sustained by him in consequence of such entry.
73. Power to impound.
It shall be lawful for the Board of any district by some person duly
authorised by such Board in that behalf to impound any cattle
that may be found
straying on any road within the boundaries of such district contrary to the
provisions of “The Canterbury
Trespass of Cattle Ordinance 1872” or
any law for the time being in force relating to the trespass of cattle.
If any person shall without lawful authority make or cause to be made any dwelling-house or any other building or any hedge or other fence at the sides of or on or across any road in such a manner as to reduce the breadth or confine the limits thereof or to stop or obstruct the same or shall fill up or obstruct any ditch at the side thereof or make any drain gutter sink or watercourse across or otherwise break or injure the surface of such road or any part thereof or in any other manner obstruct the free passage of such road or of any bridge or shall unlawfully before the commencement of this Ordinance have done any such acts it shall be lawful for the Board of the district to cause such dwelling-house or other building hedge fence ditch drain gutter sink or watercourse breaking or injuring the surface or other obstruction to be taken down cleaned filled up made good or removed as the case may be and the expenses of so doing may be recovered from such person in any Court of competent jurisdiction.
75. Penalty in such cases.
Every person who shall commit any of the offences enumerated in the preceding
section shall on conviction forfeit and pay for every
such offence a penalty not
exceeding twenty pounds.
76. Trees obstructing or injuring road.
If the Board shall be of opinion that any road within the district is in any
manner prejudiced or any obstruction caused to such road
by any tree growing or
being on land adjoining thereto it shall be lawful for the Board and after
notice duly served on the owner
and occupier or upon the occupier only if the
owner cannot be found of the land on which such tree may be to require the
of such tree or any part thereof by such owner or occupier as may be
injuring the said road or obstructing the same and in default
of compliance with
such requisition within eight days after a copy thereof shall be served
personally on such owner or occupier such
owner or occupier as the case may be
shall on conviction forfeit and pay for such default a penalty not exceeding
77. Penalty for allowing live fence adjoining public highway to grow to a height exceeding eight feet.
Every occupier of land fronting on any road of any district who shall suffer
any live fence growing on such land and adjoining such
road to grow to a height
exceeding eight feet above the ordinary level of the adjoining land or to
overhang such road shall be liable
to a penalty of not less than ten shillings
nor more than five pounds Every twenty-four hours during which such occupier
being convicted under this section continue to allow his live fence
to exceed eight feet in height or to overhang a road shall constitute
78. Chairman of Road Board may give notice requiring any gorse or broom fence to be cut and trimmed.
The chairman of the Board of any district shall from time to time as may be
required give notice in writing to any occupier of land
in any such district
fenced with gorse or broom fronting on any road therein requiring him to cut and
trim that side of the fence
so fronting on such road and to keep one half the
width of the road on which such land fronts clear of gorse or broom and in the
event of such occupier failing to comply with such notice within a reasonable
time to cause the same to be done and the amount of
the cost of such cutting
trimming and clearing with all costs shall be recoverable from the occupier of
such land in the ordinary
course of law.
79. Tram and Railways may be constructed.
It shall be lawful for the Board of an district with the consent of two-third
of the ratepayers in such district to make and construct
a wooden or iron or
other tramway or tramroad or any railway or railroad along or upon any road in
such district in lieu of or in
addition to any other sort of road or roads or to
make arrangements with any company or private individuals for the formation of
such tramway or railway and the provisions of this Ordinance shall so far as the
same can be applied be made to extend to any such
tramway or tramroad railway or
80. Powers reserved by Government for making roads. Notwithstanding anything herein contained it shall be lawful for the Superintendent to cause to be made constructed maintained and repaired within any district all such roads and bridges as he shall think fit and also to cause to be constructed and maintained in or through any district any railway canal or any other work whatsoever which shall be authorised by law and for all such
purposes as aforesaid such persons as the Superintendent shall appoint shall
have all the powers which are hereby vested in the Board
of such district in the
like behalf for the construction maintenance or repair of roads or bridges or
for the execution of any permanent
work or undertaking.
81. Board not to interfere with certain roads, &c.
Nothing herein shall authorise the interference by any Board with any public
road railway bridge ferry cemetery market wharf aqueduct
public place or
building whatsoever not formed constructed or erected by such Board which may be
excepted from the jurisdiction of
such Board by any proclamation made or to be
made by the Superintendent or respecting which provision shall have been made or
be made by any Act of the General Assembly or by the Legislature of the
Province of Canterbury Provided that the Superintendent may
by proclamation if
the Board consent authorise the Board to take upon itself the charge of any such
accepted public road railway
bridge ferry cemetery market wharf aqueduct public
place or building within the limits of the district and in actual use by the
of such district upon such conditions as shall be specified in such
82. Board may erect toll-gates on approval of Superintendent.
It shall be lawful for any Board subject to the approval of the
Superintendent from time to time to erect toll-gates or bars and toll-houses
upon or at the roads bridges and ferries within their respective districts at
such places as may to them seem convenient and also
with such approval as
aforesaid to remove whenever they may think fit so to do such toll-gates or bars
and toll-houses and to impose
and levy tolls upon all animals and vehicles at a
rate not exceeding the several sums set forth in the eighth schedule to this
Provided that volunteers on duty police constables on duty and
prisoners in their charge shall be exempt from tolls Provided also
that if the
Superintendent shall he satisfied that any road or bridge or ferry at which such
tolls are payable is in such a state
of repair as to be dangerous it shall be
lawful for him to direct that such tolls shall cease to be payable until the
same has been
effectually repaired and thereupon such tolls shall cease to be
83. Table of fees to be maintained.
Before any toll shall be demanded at any toll-gate or toll-house to be
erected as aforesaid the Board shall cause to he put up and
maintained at such
toll-gate or toll-house a table painted in legible black letters on a board with
a white ground containing at
the top the name of the gate or house
distinguishing the several tolls together with the Christian name and surname of
and also a list of the several gates or houses (if any) which
shall be cleared by the payment of toll at the toll-gate or house where
table of tolls shall be affixed and the said Board shall also where more than
one gate or house shall be erected in the district
provide tickets denoting the
payment of toll and on such tickets shall be specified the name of the gate or
house at which the same
respectively shall be delivered and also the names of
the several gates or houses freed by such payment one of which tickets shall
delivered gratis to the person paying the toll and on production of such ticket
at any gate or gates house or houses therein mentioned
as being cleared as
aforesaid by payment of the toll at the gate or house where such ticket was
delivered the person producing the
same shall on the day of the issue thereof
pass by the gate or gates house or houses therein mentioned as well as the gate
the toll was paid without paying any further or additional toll for the
same animal or vehicle.
84. Penalty for taking more or less toll than authorised.
Every toll collector appointed under the authority of this Ordinance who
shall take more or less toll than authorised as aforesaid
or who shall refuse to
give his name to any person demanding the same after having paid the toll or who
shall in any wise hinder
any person from reading the inscriptions on such
aforesaid table or who shall unnecessarily detain or wilfully obstruct or hinder
any passenger from passing through any toll-gate or who shall use any abusive
language to any traveller or passenger shall for every
such offence forfeit and
pay any sum not exceeding five pounds.
85. Penalty for forcing way through toll-gate or evading payment.
If any person shall with any horse cattle beast or carriage go off or pass
from any road through or over any land near or adjoining
thereto (not being a
public road and such person not being the owner or occupier or servant or member
of the family of the owner
or occupier of such land) with the intent to evade
the payment of the tolls payable by virtue of this Ordinance or if any owner or
occupier of any land shall knowingly or willingly permit or suffer any person
except as aforesaid with any horse cattle beast or
carriage whatsoever to go or
pass through or over such land with intent to evade any such toll or if any
person give or receive from
any person other than the collector of the tolls or
forge counterfeit or alter any note or ticket with intent to evade the payment
of tile tolls or any part thereof or if any person shall fraudulently or
forcibly pass through any such toll gate with any horse
beast or cattle or shall
leave the same upon the said road by reason whereof the payment of any tolls
shall be avoided and lessened
or shall take or cause to be taken off any horse
or other beast or cattle from any carriage either before or after having passed
through any toll gate or having passed through any toll gate shall afterwards
add or put any horse or other beast to any such carriage
and draw therewith upon
any part of any road so as to increase the number of horses or other beasts
drawing the said carriage after
the same shall have passed through any toll gate
whereby the payment of all or any of the tolls shall or may be evaded or if any
person shall do any other act whatever in order or with intent to evade the
payment of all or any of the tolls and whereby the same
shall be evaded every
such person shall for every such offence forfeit and pay any sum not exceeding
86. Board may farm out tolls subject to approval of Superintendent.
It shall be lawful for any Board subject to the approval of the
Superintendent from time to time to farm out for any term not exceeding
years all or any of the tolls authorised to be collected by this Ordinance
together with any toll-bar toll- gate and house
such farming out to be either by
tender to be advertised for at least three consecutive weeks in the public
newspapers and to be
published in the Gazette or by public auction duly
advertised in like manner and such security shall be taken by the said Board as
they shall think fit for the due performance of the conditions of the lease of
any tolls and any person to whom such tolls may be
leased shall for the purposes
of this Ordinance be deemed to be a collector thereof duly appointed under the
powers of this Ordinance
Provided that previously to so letting out the Board
shall fix the maximum rate of toll which shall be demanded within the limits
prescribed by the eighth schedule to this Ordinance and shall in no case
decrease the amount of tolls without the consent in writing
thereto of the
87. Tolls to be expended in making and maintaining roads and bridges.
All tolls levied under the authority of this Ordinance shall after deducting
the expenses of collecting the same be expended in making
and maintaining the
roads or bridges whereon such tolls shall from time to time be collected The
Board shall keep a separate account
of the tolls received by it at each
toll-gate toll-bar or bridge and also of all moneys expended upon the same and
on the roads or
bridges on which the same are placed respectively.
88. If road upon which toll is payable pass through or into two or more districts Superintendent to judge how tolls shall be shared.
If any road shall pass or extend through or into two or more districts and if
tolls shall be payable thereunder upon such road to
the Board of any such
district and it such road be commonly used for direct traffic by persons passing
with animals or vehicles along
such road for a length thereof which shall extend
not only through or into the district to the Board to which such tolls are
but also through or into another or others of such districts and if the
Board of any one or more of such last-mentioned district
shall in writing under
their common seal complain to the Superintendent that they ought by reason of
such traffic being common to
their own district with the district in which such
tolls shall be payable or for other like cause to have a share of such tolls it
shall be lawful for the Superintendent to proclaim if it shall seem fit such
road for such length thereof as shall be as well within
the district from which
such complaint shall proceed and within the district in which such tolls are
payable as also between the
boundaries of both to be a “common toll
road” as well of such districts as all districts lying between the same
and along the line of the said road.
89. Superintendent shall determine proportion of tolls payable to different districts through which same road may pass.
In and by the last-mentioned Proclamation or by any other Proclamation or
order it shall be lawful for the Superintendent from time
to time to determine
in what proportions the tolls payable at each and every toll-gate or toll-house
upon such common toll-road shall
after deducting all expenses of maintaining
such toll-bar toll-gate or toll-house and of collecting such toll be distributed
the several Boards through or into whose districts such common toll-road
shall extend and every order made under this or the last
section shall take
effect accordingly upon the publication thereof in the Gazelle.
90. Tolls paid on common toll road to be paid over to Provincial
Treasurer. If after the Proclamation of any common toll-road under this Act
any moneys shall have been paid to the Board of any District for
which such road
has been proclaimed as and for tolls or rents of tolls levied on such road
within such district such Board shall
at once distribute the same as aforesaid
but should such Board fail within twenty-one days to make such distribution the
forthwith be paid over to the Provincial Treasurer to be held and
dealt with as aforesaid and if any such moneys shall not be so
paid over the
Superintendent may recover the same in a summary way in a court of competent
jurisdiction and the Provincial Treasurer
shall pay them over as such
first-mentioned Board was bound to have done.
XI. Election of Members.
91. Notice of election. Declaration of election when uncontested.
Fourteen clear days before any election the Chairman of the Board or other
person duly appointed to hold the election hereinafter
styled the returning
officer shall give notice of such election by advertisement inserted in some
newspaper generally circulating
in the district or in some other manner in the
district calculated to give in the opinion of the returning officer full
to the same specifying in such notice the day and hour on which the
nomination shall take place and also the day on and the hours
between which a
poll if necessary shall be taken and on the day of nomination so fixed as
aforesaid the returning officer shall preside
at a meeting to be held at the
time and place named in such notice and shall declare the purpose for which the
meeting is held and
every candidate shall be proposed by an elector duly
qualified to vote at the election and seconded by another elector so qualified
and if there be no more candidates proposed and seconded than the number of
members then to be elected the returning officer shall
declare such candidates
to be duly elected and they shall be deemed to be then duly elected accordingly
from the day appointed hereunder
for the election Provided that nothing herein
contained shall prevent the same day from being fixed in such notice for the day
nomination and for taking the poll.
92. Show of hands to be taken.
In the event of there being more candidates proposed and seconded than the
number to be elected the returning officer shall call for
a show of hands
separately in favour of each candidate and after such show shall declare the
persons in whose favour the show of
hands shall appear to have been and if
thereupon a poll he not demanded by one of the candidates or by not less than
the returning officer shall declare such persons to be duly
93. Polling-places in districts.
In and for each district not less than fifteen days before the first election
of the Board thereof under this Ordinance the Superintendent
shall in and for
every district and he may at any time afterwards when occasion shall require
appoint a sufficient number of polling
places for such district at which the
poll shall be taken at all elections held for the same and may from time to time
on the like
application alter and vary the same.
94. Polling-places in subdivisions.
In every district divided into sub-divisions the Superintendent shall within
fifteen days after any sub-division of such district
shall become such
sub-division appoint in and for such sub-division one place to be the place of
polling at all elections held in
and for such sub-division and he may from time
to time afterwards appoint in lieu thereof another such place within such
95. Returning Officer or Deputy to preside.
The returning officer or a deputy returning officer to be appointed by
writing under his hand shall preside at each polling booth
for taking the poll
within the district.
96. Contested election — notice, and time, and place of meeting.
If a poll be demanded such poll shall be held and taken at the time and place
or places and between the hours specified in such notice
97. Polling booths, &c.
At every such election the returning officer if it shall appear to him
expedient for taking the poll may cause booths to be erected
or rooms to be
hired and used as such booths in the places appointed as aforesaid for taking
the poll as occasion may require and
the same shall be so divided and allotted
into compartments as to the returning officer shall seem most
98. Power of Returning Officer and Deputies.
Every returning officer and deputy returning officer shall have power and
authority to maintain and enforce order and keep the peace
at any election or
polling held by him and to cause any person to be removed who shall obstruct the
approaches to any polling booths
or shall conduct himself in a disorderly manner
and all constables and peace officers shall aid and assist such returning
and deputy in the performance of his duty.
99. Persons who may be present in polling booth
No other person except the returning officer or his deputy the necessary poll
clerks and not exceeding one agent at each polling booth
present in polling for
each candidate to be appointed in writing by the candidate shall remain in any
polling booth during the polling
and no person whatever except the returning
officer or deputy returning officer shall speak to any elector after he shall
the polling booth and before he shall have voted as hereinafter
provided and any person offending against any of the provisions of
shall be liable to a penalty not exceeding twenty pounds to be recovered in a
summary way Provided always that no such
poll clerk or agent shall be employed
or be permitted to be present and remain in any polling booth during the polling
shall have made and subscribed in the presence of the returning
officer or his deputy a declaration in the form in the sixth Schedule
100. State of the poll not to be declared until close.
The number of votes which may be given for any candidate at any such polling
booth shall not be published or made known until after
the close of the poll and
every returning officer deputy returning officer poll clerk agent or constable
who shall directly or indirectly
by any means whatsoever publish or make known
before the close of the poll the number of votes which may have been given for
candidate shall for every such offence be liable to a penalty of not
exceeding fifty pounds to be recovered in a summary way.
101. Mode of conducting elections.
On the day of election the voting at each polling place shall be conducted in
(1) Every person entitled to vote at the election (herein called elector) may
vote for any number of candidates not exceeding the
number of the members of the
Board then to be chosen.
(2) When any elector tenders his vote the returning officer or deputy
returning officer or poll clerk to whom the same is tendered
explicitly in alphabetical order the names of the several candidates and shall
then enquire of the elector for which
of the said candidates he intends to
(3) On such candidate or candidates being named by the elector the returning
officer or the deputy returning officer or poll clerk
shall enter the vote or
votes to which such elector is entitled accordingly in a poll book to be kept
for that purpose and the elector
shall affix his signature to the entry Provided
always that when the elector affixes his mark it shall be witnessed by the
officer or poll clerk.
(4) It shall be lawful for the elector at any time before he has affixed his
signature as aforesaid to have the entry of the names
of the candidate for whom
he desires to record his vote or votes altered but no alteration shall be made
after the entry is signed.
(5) As soon as the elector has signed the entry he shall immediately leave
the polling booth and on his refusal to do so shall be
forthwith removed by
order of the returning officer or deputy returning officer.
102. Questions to be put to voters at elections if no Ratepayers’ Roll.
At every election of members of the Board of any district in voters at
elections if no ratepayers’ roll, which a ratepayers’
roll shall not
be in force the returning officer or his deputy as the case may be may and he
shall if required by any candidate or
his agent put to every person tendering
his vote the questions following:
(1) What is your name?
(2) Are you an elector enrolled on any electoral roll now in force under the
provisions of “The Registration of Electors Act
1866” and is your
qualification as such elector in respect of lands or tenements within this
district or are you a householder
resident within the district?
(3) What is the property in respect of which you are so enrolled and the name
and situation thereof?
(4) Have you already voted at the present election?
And no other question shall be put to any person tendering his vote and no
person who shall refuse to answer any such questions or
whose answers to the
same shall not show his right to give such vote shall be permitted to
103. Questions to be put to voters at elections if Ratepayers’ Roll
in force. At all elections of members of the Board of any district in which
a ratepayers’ roll shall be in force the returning officer
or his deputy
may if he see fit or if required so to do by any candidate or his agent
authorised in writing put to any person tendering
his vote the questions
(1) Are you the person whose name appears as (A.B.) in the ratepayers’ roll now in force for this district being enrolled therein in respect of property described to be situated [here specify the place described in the ratepayers’ roll]
(2) Have you already voted at the
And no other question shall be put to any person tendering his vote and no
person who shall refuse to answer any of such questions
or who shall not answer
the first of such questions absolutely in the affirmative and the second of such
questions absolutely in
the negative shall be permitted to vote.
104. False answer, polling twice, and impersonation.
Every person who shall wilfully make a false answer to any of the questions
aforesaid or who shall poll more than once or offer to
poll more than once at
the same election or who shall personate any other person for the purpose of
polling at any election shall
for every such offence be liable to a penalty not
exceeding one hundred pounds.
105. Declaration of poll and casting vote.
Every deputy returning officer shall immediately upon the close of the poll
forward the poll books to the returning officer and the
returning officer shall
after the close of the poll and the receipt of the poll books examine the poll
books for the purpose of ascertaining
the number of votes for each candidate and
the returning officer shall as soon as conveniently may be on or after the day
poll at some polling place of the district publicly declare the number of
votes given to each candidate and shall declare the candidates
not exceeding in
number the number of vacancies to be filled up who have received at all the
polling booths taken together the greatest
number of votes to be duly elected as
members of the Board of the district and if two or more candidates shall have
received an equal
number of votes the returning officer shall in each case have
a casting vote.
106. Returning Officer, if a ratepayer, may vote.
Nothing herein contained shall prevent or be constructed to prevent any
chairman of the Board or any ratepayer who shall act as a
returning officer at
any election to be held under the provisions of this Ordinance from voting or
recording his vote or votes at
any such election in the same way as such
chairman or ratepayer would be entitled if he had not been acting or appointed
107. Manner of proceeding if a person elected for more than one subdivision.
If any person be elected a member in more than one subdivision he shall
within seven days after notice thereof chose or in default
thereof the Board at
its next meeting shall declare for which one of the subdivisions such members
shall serve and he shall thereupon
be held to be elected in that subdivision
only which he shall so chose or which the Board shall so declare and shall cease
a member for any other subdivision.
108. Adjournment of election by reason of riot, &c.
When the proceedings at any election under this Ordinance shall be
interrupted or obstructed at any polling place by any riot or open
returning officer or deputy as the case may be shall not finally close the poll
but shall adjourn the taking of the
poll at the polling place at which such
interruption or obstruction shall have happened to the day following and if
returning officer or deputy shall further adjourn such poll until
such interruption or obstruction shall have ceased when such returning
or deputy shall again proceed with the taking of the poll at the place at which
the same may have been so interrupted or
109. Adjournment when from some other cause no election on day appointed.
If from any cause not being such as in the last preceding section mentioned
after a poll shall stand appointed for any election no
such election shall take
place on the day appointed for the same the election shall stand adjourned until
the same day of the following
week and the returning officer shall give not less
than three days’ previous notice thereof by advertisement or by placards
affixed in public places in the district and in all such cases as in this and
the said section mentioned the members of the Board
for the district or
sub-division as the case may be (if any) who would on the day appointed for the
election have retired from office
by rotation shall continue in office until the
day to which such election or the polling at any booth for the same has been or
110. Provision for total failure in filling up one or more vacancies.
If at the first general election of the whole Board to be held as herein
provided for any district after the first constitution thereof
Ordinance no member or less number of members of the Board than hereby required
shall have been elected it shall be lawful
for the Superintendent to appoint a
number of persons capable of being such members equal to the number so deficient
to be members
of such Board and such persons shall be members thereof
accordingly to all intents and purposes as if elected as herein provided
at any other election of members of the Board of any district whether the same
be an annual ordinary election or be for supplying
extraordinary vacancies in
the Board no seats or vacancies or number of seats or vacancies less than the
whole number which should
have been filled up at such election shall be filled
up then the seats and vacancies which shall not be so filled up shall severally
be deemed extraordinary vacancies and to have occurred on the day appointed for
such election or to which the same may have been
or may stand appointed
adjourned as before provided and shall be filled up as hereinbefore provided for
111. Mode of holding elections in subdivisions.
Where any district shall be divided into sub-divisions the preceding sections
hereof relating to the election of Members of the Board
in districts shall be
read as applying to elections of such members to be held in and for each
sub-division instead of for the district
at large and the polling for every such
election shall be held at a polling place within each sub-division appointed as
and in the questions hereinbefore prescribed to be put to any
person tendering his vote the word ‘sub-division‘‘
substituted for “district” and to the last in each series of the
said questions the following words shall be
added that is to say “in this
sub-division” and all the provisions of this part shall take effect in the
cases of elections
of members of Boards for sub-divisions accordingly.
112. The like where district divided into subdivisions.
Where any district shall be divided into sub-divisions the last section
subject to the provisions hereinbefore made with regard to
elections in and for sub-divisions shall be read as applying to each
sub-division of the district instead of to the
district at large and shall take
113. Misfeasance of Officers, &c.
If the chairman of the Board of any district or if any person having been
duly appointed hereunder to act as returning officer or
deputy returning officer
at any election and undertaken so to act shall be guilty of any wilful
misfeasance or wilful act of commission
or omission contrary to any of the
provisions of this Ordinance relating to elections he shall upon conviction
forfeit and pay for
every such offence a penalty not exceeding fifty pounds to
be recovered in a summary way.
XII. Proceedings of the Board.
The Board of every district shall hold ordinary meetings for the transaction
of general business which shall be held on such day and
hour in each week month
or stated space of time as the Board shall from time to time appoint and when
any such appointment is made
the clerk shall give notice thereof to each of the
members and they shall afterwards until the time of such ordinary meeting is
and notice of such change given to the members attend such ordinary
meetings without notice.
115. Place of meeting.
All meetings of the Board of any district in or for which there shall at the
time be no office appointed as hereinafter provided shall
be held at some
convenient place within the district or within an area wholly surrounded thereby
and all meetings of the Board of
any district for which there shall at the time
be an office appointed as hereafter provided shall be held at such
116. Board may appoint office.
The Board of every district may from time to time either by order appoint an
office at any place within the district or within an
area wholly surrounded
thereby or by by-law appoint such office at any place within two miles outside
the boundary of the district
Provided that the Superintendent at any time if he
shall have received a petition under the hands of not less than forty persons
whose names shall appear on the ratepayers’ roll for such district praying
him to and if he shall see fit so to do may after
thirty days’ notice
thereof to the Board of the district annul such by-law and the same shall
thereupon be wholly void.
117. Questions to be decided by voting.
At all meetings of the Board all the members present shall vote save where it
is herein otherwise provided and the questions then
considered shall be decided
by open voting and by the majority present and if there be an equal division of
votes upon any question
the chairman at such meeting shall in addition to his
own vote as member have a second or casting vote Provided always that if at
such meeting there shall be an equality of votes in the election of the chairman
it shall be decided by lot which of the members
having an equal number of votes
shall be the chairman Provided also that at every annual meeting the chairman
(if any) going out
of office at that meeting shall if present and willing to act
be the chairman of such meeting.
All powers vested in the Board under this Ordinance may be exercised by any
three or more of the members present at any meeting holden
in pursuance of this
119. Adjournment of meetings.
The members present at the first meeting or at any ordinary meeting or at any
adjourned meeting may from time to time adjourn such
meeting and if at any
meeting of the Board there be not present within half-an-hour after the time
appointed for such meeting the
number of members hereby authorised to exercise
the powers vested in the Board the members present or the major part of them or
one member if only one be present or the clerk of the Board if no member be
present may adjourn such meeting to another day not earlier
than three and not
later than seven days from the date of such adjournment.
120. Extraordinary business.
Where any business other than ordinary business is required or intended to be
transacted at any ordinary meeting the clerk shall give
notice thereof to each
of the members of the Board and no such extraordinary business nor any new rules
or regulations shall be transacted
or adopted at the ordinary meetings unless
due notice thereof has been given at a prior meeting and sent to each member in
required for special meetings.
121. Resolutions how altered or revoked.
No resolution at any meeting of the Board shall be revoked or altered at any
subsequent meeting unless notice of the intention to
propose such revocation or
alteration be given by the clerk to each of the members seven days at least
before holding the meeting
nor unless such revocation or alteration be
determined upon by a majority of the members present at such subsequent meeting
number of members present at such subsequent meeting be not greater than
the number present when such resolution was come to or by
a majority if the
number of members present at such subsequent meeting be greater than the number
present at such former meeting.
122. Special meetings.
The Board may hold special meetings and any three or more of the members may
require a special meeting to be held but no such meeting
shall be held unless
four clear days’ notice thereof at least be given.
123. Special orders.
Where by this Ordinance the Board are empowered to do anything by special
order only they shall not do such thing unless the resolution
to do the same
shall have been agreed to by the Board in some meeting whereof special notice
has been given and shall have been confirmed
in a subsequent meeting held not
sooner than four weeks after the preceding meeting and notice of which
subsequent meeting has been
given to each of the members of the Board.
The Board may at any meeting from time to time appoint committees for any
purposes which in the opinion of the Board would be better
regulated and managed
by means of such committee and it may fix the quorum of such committee and shall
from time to time appoint
one of the members thereof to be Chairman of such
committee and may continue alter or discontinue such committee and from time to
time remove such Chairman.
125. Vacancy not to invalidate proceedings.
No proceedings of the Board or of any Committee shall be invalidated or be
illegal in consequence only of there being any vacancy
in the number of members
at the time of such proceeding.
126. Nor want of capacity, &c., of any member.
All proceedings of the Board or of a committee thereof or of any person
acting as a member shall notwithstanding it be afterwards
discovered that there
was some defect in the election or appointment of the members of the Board or
persons acting as aforesaid or
that they or any of them were incapable of being
such members be as valid as if every such person had been duly elected or
and was capable of being a member of the Board.
127. Minutes of proceedings.
The Board shall cause entries of all the proceedings of the Board and of
every committee appointed by them with tile names of the
members who shall
attend each meeting to be duly made from time to time in books to be provided
for the purpose which shall be kept
by the Clerk under the superintendence of
the Board and every such entry shall be signed at the meeting next succeeding
at which such proceeding or attendance shall have taken place or
such proceeding of a committee been reported by the Chairman of
meeting and such books shall at reasonable times be open to the inspection of
any of the members of the Board or
of any ratepayer of the district or of any
person appointed by the Superintendent for that purpose.
128. Officers not to accept fees.
Every officer employed by the Board who shall exact or accept on account of
anything done by virtue of his office or in relation to
the matters to be done
under this Ordinance any fee or reward whatsoever other than the salary or
allowance allowed by the Board
or who shall be in anywise concerned or
interested in any bargain or contract made by the Board shall be liable to a
penalty of not
exceeding fifty pounds.
129. Security to be taken from Officers trusted with moneys.
Before any paid officer entrusted by the Board with the custody or control of
moneys by virtue of his office shall enter upon such
office the Board shall take
sufficient security from him for the faithful execution thereof.
130. Collectors to pay moneys and make returns.
Every collector appointed or employed by the Board by virtue of this
Ordinance to collect any rates shall within seven days after
he shall have
received any moneys on account of any such rates pay over the same to the person
appointed by the Board for that purpose
to the account of the Board and the
receipt of such person for the moneys so paid shall be a sufficient discharge to
and every such collector shall in such time and in such manner as
the Board shall direct deliver to them true and perfect accounts
under his hand of all moneys received by him and of all moneys paid by him to
the said person by virtue of this Ordinance
and also a list of the names of all
persons who have neglected or refused to pay any rate or money owing by them
with a statement
of the moneys due from them respectively and in respect of what
several periods and rates the same are due respectively.
131. Appointment of Auditors.
It shall be lawful for the Superintendent from time to time to nominate and
appoint any one or more person or persons as he shall
think fit to be an auditor
or auditors for any district and such person or persons from time to time as he
shall think fit to remove
and on the death resignation or removal of any such
auditor or auditors to appoint any other person or persons in place of any
or persons so dying resigning or removed.
132. Books to be kept.
The Board shall cause books to be provided and kept in such form as shall
from time to time be appointed by the Superintendent on
the recommendation of
the auditor to be used in road districts and true and regular accounts to be
entered therein of all sums of
money received and paid for and on account of
this Ordinance and of the several purposes for which such sums of money shall
been received and paid which books shall at all reasonable times be open to
the inspection of any of the members of the Board or
ratepayers or of the
auditor appointed under the preceding section without fee or reward and the
members of the Board and persons
aforesaid or any of them may take copies of or
extracts from the said books without paying anything for the same.
133. Accounts to be balanced annually and audited.
The Board shall cause their accounts to ‘be balanced up to the first
day of January in each year and shall cause a full and
true statement and
account to be drawn out of the amount of all rates or assessments made and of
all moneys received and expended
by virtue of this Ordinance during the
preceding year and of all available assets and of all debts then owing by and
of the Board and such statement and account shall be laid before
the auditor of the district who is hereby required to attend at
the office of
the Board or at such other place as may be agreed on by the Board and auditor
within four months from the first day
of January and who shall in the presence
of the clerk of the Board if he desire to be present proceed to audit the
accounts of the
year preceding such balancing and the Board shall by their clerk
produce and lay before the auditor the accounts so balanced as aforesaid
together with the said statement and account accompanied with proper vouchers in
support of the same and all books papers and writings
in their custody or power
relating thereto and any person interested in the said accounts either as a
creditor of the body corporate
or as a ratepayer may be present at the audit of
the said accounts by himself or his agent and may make any objection to any part
of such accounts and if the said accounts of the Board be found correct such
auditor shall certify to the same and such certificate
shall be laid before the
next meeting of ratepayers and if upon examination of such accounts it shall be
found that the certificate
of the auditor had been withheld by reason of the
non-production of proper vouchers or full abstracts of accounts it shall then be
lawful for the Superintendent to withhold his warrant for the issue of any money
voted by the Provincial Council for the service
of such Board until the auditor
shall have reported that he has issued his certificate.
134. Accounts to be produced at next meeting.
The accounts of the Board so balanced as aforesaid and audited as aforesaid
together with the said statement and account shall be
produced at the next
meeting of the Board or at some adjournment thereof at which meeting all
creditors and rate-payers and other
persons interested as aforesaid may be
present and the accounts shall then be finally examined and settled by the Board
and if the
same be found just and true they shall be allowed by the Board and
certified accordingly under the hand of the chairman of such meeting
such accounts have been so allowed and signed by such chairman and also by the
auditor as hereinbefore provided the same
shall be final in regard to all
135. Publication and advertising.
In all cases in which any matter or thing is hereby required to be published
advertised or inserted by the Board in a newspaper generally
circulating in the
district the said newspaper shall be such newspaper as the Board shall from time
to time by order have appointed
in that behalf or in the
XVII. General Miscellaneous.
136. Penalty for obstructing Board or its Officers.
Any person who shall obstruct or attempt to obstruct the Board or any person
employed by them in the performance of anything which
they are respectively
empowered or required to do by this Ordinance or any other Ordinance shall upon
conviction forfeit and pay
for every such offence a penalty not exceeding ten
137. Penalties how to be recovered.
Every offence made punishable by imprisonment with or without hard labour or
by a pecuniary penalty shall and may be prosecuted in
a summary way before any
two Justices of the Peace in the manner provided by the “Justices of the
Peace Act 1866” so
far as the same relates to summary convictions or by an
Act repealing or amending the same or for like purposes.
138. Co-operation of Boards.
It shall be lawful for the Board of any district from time to time to
contract upon such terms and conditions as they think fit with
the Board of any
other district or with any other body corporate or public body empowered in that
behalf for or with respect to the
doing and the control and management by either
or both of the contracting parties of any matter or thing which the Board of the
and such other Board or body are by law empowered to do control and
139. In certain cases Superintendent may suspend Board, and may appoint a Commissioner for district.
If at any time the persons qualified so to do shall refuse or neglect to
elect members of the Board of any district or if the members
of the Board of any
district shall refuse or neglect to carry this Ordinance into operation the
Superintendent shall by proclamation
published in the Gazette declare the powers
of such Board to be suspended and shall by such proclamation appoint a
such district and all the powers rights privileges and duties
of such Board or of the chairman of such Board shall from the date
proclamation vest in and be exercised by such Commissioner on behalf of the
Board or of the chairman of the same and the
Superintendent shall cause such
salary as he shall think fit to be paid to such Commissioner out of any funds
belonging to the Board
and applicable to the use of the district under the
provisions of this Ordinance Provided that such Commissioner shall be guided
the performance of his duties by such instructions as he shall receive from the
Superintendent in that behalf Provided also that
the appointment of such
Commissioner together with all his powers shall cease and determine if at the
next annual election or any
following annual election the persons qualified so
to do shall elect a Board as hereinbefore provided.
140. Executive Council to advise the Superintendent.
The Superintendent shall in doing any act matter or thing hereunder or
exercising any power conferred on him hereby act by and with
the advice and
consent of his Executive Council.
141. Penalty for acting as a Member of a Board when incapacitated.
Every person who acts as a member of a Board being incapacitated under the
provisions hereof to be and continue such shall save in
cases of incapacity
proceeding from unsoundness of mind be liable for every such offence to a
penalty not exceeding fifty pounds
nevertheless all acts as a member of any
person incapacitated as aforesaid done previously to the recovery of the penalty
as valid as if such person had been capable.
142. Misnomer not to prejudice.
No misnomer or inaccurate description contained in this Ordinance or any
proclamation made hereunder shall in anywise prevent or abridge
the operation of
this Ordinance with respect to the subject of such description provided the same
shall have been designated so as
to be understood.
143. Scrutiny of signatures.
If it shall be credibly represented to the Superintendent where any petition
has been presented to him that any of the signatures
to such petition are not
the signatures of the persons whose they purport to he or that any of the
persons purporting to sign the
same are not persons entitled to sign in that
behalf or that in any other respect the provisions hereof with regard to such
have not been complied with or if it shall seem expedient to ascertain
the truth of any matter to which such petition shall refer
it shall be lawful
for the Superintendent to cause such enquiry to be made with respect to the
particulars aforesaid as may seem
necessary in that behalf and the consideration
of the matter of said petition shall be adjourned.
144. Chairman to call public meeting, of ratepayers upon requisition. Upon the requisition in writing of any persons representing not less than one- tenth of the votes to which all the persons qualified to vote in all elections of members of the Board of any district are entitled the chairman shall within fifteen days of the receipt of such requisition call a public meeting of the persons qualified to vote as aforesaid giving not less than fourteen days’ public notice thereof and specifying the business to be transacted thereat.
145. Rates due how apportioned.
All rates which under the Ordinance specified in the first Schedule hereto
shall at the time of the first election or first appointment
of members of the
Board of any district under this Ordinance be due or payable to or leviable by
or for the Board of any road district
affected by this Ordinance for or on
account or on behalf of any such road district shall be vested in the body
corporate of the
district into which such first-mentioned road district shall be
converted under this Ordinance and shall be paid to received levied
recovered by such body corporate in manner by this Ordinance provided for the
receipt and recovery of rates or in like manner
as the same might have been paid
to received levied and recovered by the Board of the said road district or their
collector if this
Ordinance had not been passed according to the option of the
Board and such rates when received shall be applied in or towards payments
the liabilities (if any) of the Board of the said first-mentioned road district
and the surplus thereof after paying such liabilities
shall be applied for the
benefit of the district within which the property vested for payment of the same
is situate and all penalties
and forfeitures incurred or imposed before such
first election or appointment of members as the case may be for any district
this Ordinance under the Ordinance specified in the said Schedule for or
in respect of any act done or omitted within or in regard
to the district
converted into a district under this Ordinance shall and may be enforced as if
this Ordinance had not been passed.
146. All rights of former Boards to attach to body corporate of district constituted under this Ordinance.
All rights liabilities contracts and engagements existing and all actions
suits and proceedings pending of or by or against the Board
of any road district
constituted under the Ordinance specified in the first Schedule hereto for and
on behalf of such road district
at the time of the first election or first
appointment of members under this Ordinance for any district constituted
immediately after such first election or appointment vest in and
attach to and be enforced carried on and prosecuted by or against
corporate of the district into which such first-mentioned road district shall
have been converted under this Ordinance instead
of the Board of or for such
road district and no such action suit or proceeding shall abate or be
discontinued or prejudicially affected
by the constitution of the area comprised
in such first-mentioned road district into a district under this
147. Property of former road districts to vest in body corporate under this
All real and personal property and all right title or interest in or to any
such property and all right of management or control over
any such property or
over any land place or thing vested in the Board of any road district under the
Ordinance specified in the first
schedule or in the Superintendent for or on
behalf of any district at the time of the first election or first appointment of
of the Board under this Ordinance for any district constituted hereunder
shall immediately on such first election or appointment
as the case may be vest
in the body corporate of the district constituted hereunder into which such road
district shall have been
converted instead of the Board or
“The Roads Ordinance 1869.”
Second Schedule. Road Districts. Schedule B.
1. The Waipara.
2. The Ashley.
3. The Kowai.
4. The Mandeville and Rangiora.
5. The Eyreton.
6. The Cust.
7. The West Eyreton.
8. The Oxford.
9. The Avon.
10. The Riccarton.
11. The Heathcote.
12. The Spreydon.
13. The Halswell.
14. The Lincoln.
15. The Springs.
16. The Templeton.
17. The Courtenay.
18 The Malvern.
19. The East Malvern.
20. The Upper Waimakariri.
21. The Ellesmere.
22. The Lake Coleridge.
23. The Rakaia.
24. The Port Victoria.
25. The Port Levy.
26. The Pigeon Bay.
27. The Okain’s Bay.
28. The Akaroa and Wainui.
29. The Little River.
30. The Ashburton.
31. The Mount Somers.
32. The Temuka.
33. The Geraldine.
34. The Mount Peel.
35. The Levels.
36. The Waimate.
37. The Mount Cook.
1. The Waipara District.
The Waipara District comprises that portion of the Province bounded on the
North by the Province of Nelson on the East by the sea on the South by the
River Waipara to the summit of the Pass north of Runs Nos.
165 166 168 and a
line from thence to Ashley Head Esk Head Snowy Peak and the Teremakau
2. The Ashley District.
The Ashley District comprises all that portion of the Province bounded on the
South and West by the Ashley River from the road running
between Sections 1684
and 2673 to its source on the East by the road forming the eastern boundary of
Section 2163 thence by that
road to where it crosses the western boundary of Run
No. 11 thence by the latter boundary to the Makerikeri thence by that river
the eastern boundary of Run No. 194 to the summit of Mount Grey thence by the
ridge to Mount Karetu thence by the eastern and
northern boundaries of Runs 165
166 and 168 to the westernmost corner of Run No. 464 and also by the Waipara
3. The Kowai District.
The Kowai District comprises that portion of the Province bounded on the
North by the Waipara District on the East by the sea on the
South by the River
Ashley and on the West by the Ashley District.
4. The Mandeville and Rangiora District.
The Mandeville and Rangiora District comprises that portion of the Province
bounded on the North by the Ashley on the East by the
sea on the South by the
River Waimakariri and the Town of Kaiapoi on the West by the Cust District and
on the South-west by the Eyreton
5. The Eyreton District.
The Eyreton District comprises all that portion of the Province bounded on
the northward by the Oxford and Rangiora Road the Oxford
and Kaiapoi Road and
the centre of the Rangiora Main Drain as at present existing to the northern
branch of the Waimakariri thence
by that branch to a point in line with the
western boundary of the Town of Kaiapoi thence by the western and southern
the said Town to the Waimakariri thence by a straight line drawn to
the westernmost corner of Section No. (369 on the West by the
Cust District and
on the South and East by the Waimakariri.
6. The Cust District.
The Cust District comprises that portion of the Province bounded on the North
by the Ashley District on the East by a true North and
South line drawn through
Trig. Pole c 30 on the bank of the Waimakariri on the West by the boundary lines
between Runs 29 class 3
and 164 class 2 and 34 class 3 and 203 class 2 and on
the South by the West Eyreton District.
7. The West Eyreton District.
The West Eyreton District comprises all that portion of the Province bounded
on the North by the Cust District on the East by a true
North and South line
drawn through Trig. Pole C 30 on the bank of the Waimakariri on the South by the
Waimakariri and on the West
by the boundary line between Runs 14 and 34 108
class 2 and 35 119 and 135.
8. The Oxford District.
The Oxford District comprises that portion of the Province bounded on the
North by the Waipara and Ashley Districts on the East by
the Cust West Eyreton
and Ashley Districts on the South by the Waimakariri and on the West by that
River and the Waimakariri District.
9. The Avon District..
The Avon District comprises that portion of the Province bounded on the North by the River Waimakariri from the sea to the western boundary of Section No. 5620 on the East by the sea on the South by the North boundary of the City of Christchurch and the River Avon to the sea on the West by the western boundaries of Section Nos. 6 52 105 133 142 299 135 151 and the northern boundary of Section No. 151 to the north-western boundary of the Papanui Church Reserve by the north-western boundary of that Reserve and by the eastern side of the Harewood Road by Papanui to the western boundary of Section No. 203 by that boundary and by the western boundaries of Sections
Nos. 203 5 3 25 292 291 290 280 279 243 331 1471 and 5620.
10. The Riccarton District.
The Riccarton District comprises that portion of the Province bounded on the North by the River Waimakariri on the East by the Avon District and the west boundary of the City of Christchurch on the South by the Lincoln Roard to Archer’s Bridge and the Lincoln and Riccarton Junction Road to its junction with the Great South Road the Great South Road to its junction with the Harewood Road by Riccarton the Harewood Road by Riccarton to a point in a line with the Prebbleton and Kaiapoi Junction Road on the West by the Prebbleton and Kaiapoi Junction Road to the Waimakariri at the north-east corner of Rural Section No. 2197.
11. The Heathcote District.
The Heathcote District comprises that portion of the Province bounded on the
North by the Avon District and the City of Christchurch
on the East by the sea
on the South by the ridge of the Port Hills and Lyttelton Harbour on the West by
the Dyer’s Pass Road
and the continuation of Colombo Street South to the
City of Christchurch.
12. The Spreydon District.
The Spreydon District comprises that portion of the Province bounded on the
North by the City of Christchurch and the Riccarton and
Templeton Districts on
the East by the Heathcote District on the South by the River Heathcote to the
south side of the Canal Reserve
and the River Halswell to the old river bed and
the west edge of the old river bed to the Great South Road.
13. The Halswell District.
The Halswell District comprises that portion of the Province bounded on the
North by the Spreydon District on the East by the Heathcote
District and the
ridge of the Port Hills as far as the highest of Cooper’s Knobs on the
South by a stream rising on the western
side of Cooper’s Knobs and falling
into the River Halswell and on the West by the River Halswell.
14. The Lincoln District.
The Lincoln District comprises that portion of the Province bounded on the
North by the Spreydon and Templeton Districts and the Great
South Road on the
East by the Spreydon and Halswell Districts on the South by the South Bank of
the Halswell and on the South-west
by the road from the Thirteen-Mile Bridge to
Trig. Pole L I and the Lincoln and Coal Tramway Road to its junction with the
and Springs Road by the Weedon and Springs Road to its junction with the
Great South Road.
15. The Springs District.
The Springs District comprises that portion of the Province bounded on the
South-east by the edge of Lake Ellesmere on the South-west
by the Selwyn on the
North-east by the Lincoln District and the West Bank of the River Halswell and
on the north .west by the Great
Southern Railway from the Selwyn to where it is
intersected by the southern side of the Great South Road and also by the Great
Road from such intersection to the Lincoln District.
16. The Templeton District.
The Templeton District comprises that portion of the Province of Canterbury
bounded on the North by the Waimakariri on the East by
the Riccarton District to
the Great South Road on the South by the Great South Road and on the West by the
road forming the North-east
boundary of Section 6363 and the continuation
thereof to its junction with the road forming the north-west boundary of Section
thence by the latter road to the road dividing Sections 5720 and 5721
thence by that road to its junction with other roads north
of the northern
boundary of Section 11581 thence by the road leading from the last-mentioned
junctions in a northerly direction west
of and about 16 chains from the western
boundary of Section 5194 to the Waimakariri aforesaid.
17. The Courtenay District.
The Courtenay District comprises that portion of the Province bounded on the North by the Waimakariri on the East by the Templeton District on the South-east by the Lincoln and Springs Districts on the South-west by the River Selwyn and the Wakaepa branch of the Selwyn on the North-west by the South-east
boundary of Run No. 41.
18 The Malvern District.
The Malvern District comprises that portion of the Province bounded on the
North by the Upper Waimakariri District on the North-eastward
by the Waimakariri
and also by the East Malvern District on the South-eastward by the Courtenay and
East Malvern Road Districts on
the Southward by the River Wakaepa branch of the
Selwyn and on the Westward by a straight line drawn from the junction of the
branch with a creek running from the Thirteen Mile Bush to the southern end
of Lake Lyndon.
19. The East Malvern District.
The East Malvern District comprises all that portion of the Province
commencing at a point on the southern bank of the River Waimakariri
being the easternmost corner of Run 41 thence South-westerly following the
south-eastern boundary of that run to the Auchenflower
North-westerly following a straight line to a point on the western boundary of
Section 3719 where it is intersected by
the western boundary of the
before-mentioned run thence following a straight line to the north-eastern
corner of section 13715 thence
in a straight line to an angle in the Dalethorpe
and Kowai Road situate thirty-three chains fifty links north of the southernmost
corner of Section 14801 thence North- easterly following the eastern side of the
said road to the North-west corner of Section 5177
thence easterly following the
northern boundary of that section to the North-eastern corner thereof thence
a straight line to the Southernmost corner of Section
5321 thence following the South-western the Western and the North-western
of that section and the South-eastern boundary of Section 4573 to the
Southernmost corner of Section 4803 thence following the South-western
of the latter section to the Westernmost corner thereof thence following a
straight line to time westernmost corner of Section
4739 thence following the
North-western boundary of that section to the River Waimakariri aforesaid and
from thence returning along
that river to the commencing point.
20. The Upper Waimakariri District.
The Upper Waimakariri District comprises all that portion of the Province
bounded on the North by the Waipara district and the County
of Westland on the
South by Staircase Gully and the northern branch thereof to its source thence by
a straight line to Mount Torlesse
thence by a straight line in a South-westerly
direction to the Easternmost branch of the stream which intersects the West
near the South- east corner of Section 9824 thence following the said
branch and stream above-mentioned to the Southern side of the
said road thence
westerly following the Southern side thereof to the stream forming part of the
Southern boundary of Section 9824
thence following up the latter stream to its
source thence by a straight line to the Southernmost end of Lake Lyndon thence
straight line to Red Hill on the West by the summit of the High Snowy Range
from Red Hill and also by the Black Range to the head
waters of the Waimahariri
thence by an east and west line (true) to the County of Westland and on the
Eastward by the summit of the
range leading from Ashley Head the Puketerahi
Range the northern boundary of Run No. 270 and the River Waimakariri.
21. The Ellesmere District.
The Ellesmere District comprises that portion of the Province bounded on the
North by the Springs and Courtenay Districts on the East
by Lake Ellesmere on
the South by the sea and the Rakaia and on the North-west by the Great South
22. The Lake Coleridge District.
The Lake Coleridge District comprises that portion of the Province bounded on
the North by the Upper Waimakariri District on the South-west
by the River
Rakaia to its southern-most source and a straight line therefrom due west true
to the County of Westland on the North-west
by that County and on the East by
the Western boundary of Runs 67 and 96 and a continuation of that boundary to
the North Bank of
the Hororata thence by the North Bank of that River to its
principal source thence by a straight line from said source to the head
nearest stream running into the Wakaepa River thence by that stream and by the
Malvern and Upper Waimakariri Districts.
23. The Rakaia District.
The Rakaia District comprises that portion of the Province bounded on the
South- east by the Ellesmere district on the North-east
by the Malvern and
Courtenay Districts on the South-west by the River Rakaia and on the West by
Lake Coleridge District above described.
24. The Port Victoria District.
The Port Victoria District comprises that portion of the Province bounded on
the East by the North-east boundary of the Native Reserve
at Raupaki a straight
line from the South-east corner of the Native Reserve across the harbour to the
Church Gully in Church Bay
the Church Gully to the Mount Herbert Peak Road the
West side of the Mount Herbert Peak Road to a point where it is intersected by
straight line from Mount Herbert Peak to the Head of Little River on the South
by a straight line from Mount Herbert Peak to Mount
Herbert a straight line from
Mount Herbert through L 1 to the ridge of the Port Hills and on the West by the
ridge of the Port Hills.
25. The Port Levy District.
The Port Levy District comprises that portion of the Province bounded on the
North by the sea on the East by a line bearing 5. 8 deg.
30 E. (magnetic) drawn
from a point half-way between the East Head of Port Levy and the West Head of
Pigeon Bay to the South side
of the Purau and Akaroa road on the South by the
south side of the Purau and Akaroa Road and the Mount Herbert Peak Road and on
West by the Port Victoria District
26. The Pigeon Bay District.
The Pigeon Bay District comprises that portion of the Province bounded on the North by the sea on the East by the ridge of the Spur between Decanter bay and Little Akaroa to a point where it meets the highest ridge of the Hill on the South
by the highest ridge of the hills and the Akaroa and Purau Road and on the
West by the Port Levy District.
27. The Okain’s Bay District.
The Okain’s Bay District comprises that portion of the Province bounded
on the North and East by the sea on the South by the
highest ridge of the hills
and the spur leading to Putakolo Head and on the West by the Pigeon Bay
28. The Akaroa and Wainui District.
The Town of Akaroa and Wainui District comprises that portion of the Province
bounded on the North by the Port Levy Pigeon Bay and
Okain Bay Districts on the
East and South by the sea and on the West by the summit of the spur running down
to the Eastern Head of
Island Bay to the main ridge of hills through Mount Bossu
Corew’s Peak Saddle Hill Kitson’s Pole Wainui Peak French Hill
Wooded Peak to Barry Pass the south side of the Barry Pass Road to the Little
River Railway Reserve the south side of the Terawera
Valley Road and
continuation thereof to its junction with the north side of the Port Levy and
Little River Road the North side of
the Port Levy and Little River Road to its
junction with the Purau and Akaroa Road.
29. The Little River District.
The Little River District comprises that portion of the Province bounded on
the North by the Lincoln and Halswell the Port Victoria
the Port Levy and Akaroa
and Wainui Districts on the East by the Akaroa and Wainui Districts on the South
by the sea on the West
by the east shore of Lake Ellesmere and the Springs
30. The Ashburton District.
The Ashburton District comprises that portion of the Province bounded on the
North-east by the Rakaia and Ellesmere Districts on the
South-east by the sea on
the South-west by the Rangitata and on the North-west by the Mount Somers
31. The Mount Somers District.
The Mount Somers District comprises that portion of the Province bounded on
the North by the Lake Coleridge District on the North-east
by the Rakaia and
Lake Coleridge Districts on the South-east by time North boundary of Run No. 499
and a line in continuation thereof
to the River Hinds thence following down that
River to the North-western boundary of Run No. 59 thence following the latter
to the River Ashburton thence following a straight line by the northern
end of the Island to the Northern branch of the River Ashburton
down the same to the North-western boundary of Run 124 and from thence following
that boundary and the North-western
boundary of Run No. 116 and a line in
continuaton thereof to the River Rakaia on the South-west by the Rivers
Rangitata and Clyde
to the source of the latter and a true West line and on the
North-west by the County of Westland.
32. The Temuka District.
The Temuka District comprises that portion of the Province bounded on the
North-east by the Ashburton District on the South-east by
the sea on the
Southward by the River Opihi on the North-west by the Geraldine
33. The Geraldine District.
The Geraldine District comprises that portion of the Province bounded on the
North by the Ashburton District on the West by the Mount
Peel District on the
South by the Opihi River and on the East by the Main South Road to Section 5961
thence following the Northern
boundary line of 5961 and 11526 and a line in
continuation of the same to the Eastern boundary of Section 9031 thence
Eastern and North-Western boundaries of the latter section to the
Geraldine Road thence following that road South-easterly to the
through Section 7319 thence following the latter road by Trig Pole 5 and through
Section 3275 to the North-eastern corner
of Section 7462 thence following the
Eastern boundary of Section 7462 to the South-east corner thereof thence
following a straight
line to the south-west corner of Section 13741 and from
thence following the road forming the Western boundary of that section to
River Opihi before mentioned.
34. The Mount Peel District.
The Mount Peel District comprises that portion of the Province bounded on the
North and North-eastward by Mount Somers District on
the Eastward by the
Ashburton District and by a road leading from the Rangitata River within Reserve
No. 1237 (in red) to Tripp’s
Cutting on the high bank of the Orari River
following the continuation of that road to its junction with the road passing
section 9548 thence South-easterly following the latter road to the road
running through section 9010 thence South-westerly following
that road to the
eastern boundary of Run 546 thence Westerly and Southerly following that
boundary to the stream running from the
south-eastern corner of Run 546 thence
following down that stream to its confluence with the Southern branch of the
River Hae Hae-te-
moana following up the said branch to the Western boundary of
Run 548 thence following that boundary and the River Opuha to a point
with the South- eastern boundary of Run 416 thence following that line to the
River Opihi before mentioned on the South by
the River Opihi from the
Easternmost corner of Run No. 416 to a point in line with the eastern boundary
of Run 254 a branch of the
River Opuha forming the Northern boundary of Runs 254
and 357 and an East and West line forming part of the Northern boundary of
No. 357 continued to the ridge on the West by the east boundary of Run 254 arid
the ridge of the hills dividing the waters of
the Opihi and the Rangitata from
the waters of the Tekapo.
35. The Levels District.
The Levels District comprises that portion of the Province not included in
the Town of Timaru and bounded on the North by the Temuka
District on the East
by the sea on the South by the Pareora on the West by Section No. 6192 on the
River Opihi following the watercourse
therefrom and the stream following into
the Tengawai the River Tengawai to a point opposite Section No. 5209 crossing
the river and
following down a small stream to the River Pareora.
36. The Waimate District.
The Waimate District comprises that portion of the Province bounded on the
North by the Levels District the Pareora to its Westernmost
source and an East
and West line from thence to the Hakateramea on the East by the sea on the South
by the Province of Otago on the
West by the Hakateramea.
37. The Mount Cook District.
The Mount Cook District comprises that portion of the Province bounded on the
North and West by the County of Westland on the East
by the Mount Peel Levels
and Waimate Districts on the South by the Province of Otago.
Third Schedule. Form of Rate.
An Assessment to the General District Rate [or if the case be so a Special Rate] made this day of in the year of our Lord 18 after the rate of pence in the pound, by virtue of “The Canterbury Roads Ordinance
No. on the rate.
Surname of person rated. Christian name of person rated. Trade or Occupation.
Name of Owner of rateable property.
Description and situation of rateable property.
Sub-divisions of district where district divided into Sub-divisions. Gross Annual Value.
Full Net Annual Value.
Rate of d. in the Pound.
Signed by us, this day of in the year of our Lord 18 . A.B. Chairman of the Board of the District of .
Or, C.D. Clerk of the Board of the District of .
Ratepayers’ Roll of the (or Sub-Division) District.
Surname of Occupier in alphabetical order. Christian Name of Occupier.
Occupier’s Trade or Occupation. Owner.
Surname. Christian Name. Residence.
Trade or Occupation. Net Annual Value.
Fifth Schedule. Notice to Pay Rate.
Road District of . To Mr .
I hereby give you notice that at a Meeting of the Road Board for the District above-mentioned held on the day of at a Rate of in the pound on the rateable property in the District was ordered to be made and levied The sum which you are liable to pay under this order is
which sum you are required to pay to me either on the service of this notice or within after such service at my residence at .
If the said Rate is not paid within the time above specified it will be
Collector of Rates for the District.
I A. B. do hereby solemnly declare that I will not either directly or indirectly by any means whatever publish or make known before the close of the poll the number
of votes which may be given for any candidate at the present election.
Form of a Valuation and Return.
District of .
Valuation by me a valuer for the above District of the under- mentioned
rateable properties therein situated.
Sud-Division of District. Christian Name of Occupier. Surname of Occupier. Occupier’s trade or Occupation. Owner.
Surname. Christian Name. Residence.
Trade or Occupation.
Description and situation of Rateable Property. If let for what term and in what manner.
Gross Annual Value. Full Net Annual Value.
Returned this day of A.D. 18 .