5.     Restriction on quarrying operations on volcanic hills in the Auckland Provincial District—

(1)    From and after the passing of this Act it shall be unlawful for any person, unless expressly authorized in that behalf by the Governor in Council, to make, or permit or allow to be made, any excavation, quarry, terrace, or cutting of any kind (whether on any quarry reserve, or on any private land) on the side or slope of any of the volcanic cones or hills in the Auckland Provincial District which is bounded by or abuts on to a domain or other public reserve, without leaving an angle or batter of not less than forty degrees from the top of such excavation, quarry, terrace, or cutting (or from the boundary of such domain or reserve in cases where the excavation, quarry, terrace, or cutting extends back to such boundary) to the floor or base of such excavation, quarry, terrace, or cutting.

(2)    Every person who hereafter makes, or causes or permits to be made, any such excavation, quarry, terrace, or cutting shall on completion thereof plant the slope formed by the angle aforesaid with trees or shrubs of a kind to be approved by the Board of Trustees or other body having control of the domain or reserve affected thereby.

(3)    Every person who commits a breach of any of the provisions of this section shall be deemed guilty of an offence, and shall be liable on summary conviction to a fine of not less than [twenty dollars] for every such offence, or in the case of a continuing offence to a penalty of not less than [twenty dollars] for every day during which such offence continues.

	(4)    If any person not being authorized as aforesaid commences to make, or permits or authorizes to be made, any such excavation, quarry, terrace, or cutting, the local authority or Domain Board, as the case may be, having control of the domain or reserve bounded by or abutting on to the land upon which such excavation, quarry, terrace, or cutting is being made or is about to be made may call upon such person to enter into a written undertaking with such local authority or Domain Board to comply with the provisions of subsection one hereof; and if such person fails or refuses or neglects to enter into and sign such undertaking upon being requested by the said local authority or Domain Board so to do, the said local authority or Domain Board, or any person on behalf of such local authority or Domain Board, shall be entitled to apply to the [High Court] for a writ of injunction to restrain such person from making, or permitting, or authorizing to be made, any such excavation, quarry, terrace, or cutting.