South Canterbury Catchment Board Act 1958

Reprint
as at 13 September 1958

Coat of Arms of New Zealand

South Canterbury Catchment Board Act 1958

Local Act1958 No 9
Date of assent12 September 1958
Commencement12 September 1958

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.


An Act to validate an agreement between the South Canterbury Catchment Board and the Ashburton Borough Council in respect of the Ashburton-Hinds Drainage Scheme

  • Preamble

    Whereas the Tinwald Town District formed part of the South Canterbury Catchment District, and the Catchment Board, pursuant to the Soil Conservation and Rivers Control Act 1941, on 28 May 1946, defined the Ashburton-Hinds Rating District and included the said Tinwald Town District therein and classified the said Tinwald Town District as Class D for capital purposes, and, on 11 February 1954, classified the said Tinwald Town District as Class E for maintenance purposes:

    And whereas the Catchment Board duly raised a loan of 42,000 pounds secured by a rate of two-thirds of a penny on land classed A and four-fifteenths of a penny on land classed D under the said classification dated 28 May 1946, notice of the making of that rate being published in the Gazette of 12 December 1946, at page 1902:

    And whereas part of the said loan has been repaid and the balance matures on 31 March 1967:

    And whereas by Order in Council dated 28 March 1955, and published in the Gazette on 31 March 1955, at page 588, it was ordered and declared, inter alia, that the boundaries of the borough should be altered by the inclusion therein and the exclusion from the County of Ashburton and the Town District of Tinwald of the areas described in Schedule 1 of the said Order in Council:

    And whereas the Borough Council has agreed with the Catchment Board to contribute towards the capital costs of the Ashburton-Hinds Drainage Scheme and the maintenance thereof in the manner hereinafter set forth in lieu of rates levied pursuant to the said classification:

    And whereas it is desirable that the Borough Council and the Catchment Board be empowered to carry such agreement into effect.

1 Short Title
  • This Act may be cited as the South Canterbury Catchment Board Act 1958.

2 Interpretation
  • In this Act, unless the context otherwise requires,—

    Borough means the Borough of Ashburton

    Borough Council means the Ashburton Borough Council

    Catchment Board means the South Canterbury Catchment Board

    County means the Ashburton County

    County Council means the Ashburton County Council.

3 Contributions by Ashburton Borough Council in respect of Ashburton-Hinds drainage scheme
  • (1) The Borough Council shall, as from 1 April 1958, pay to the Catchment Board annually a sum equal to one-third of the amount levied by the Board by way of rates, other than administrative rates, on Class D lands in the Ashburton-Hinds Rating District situate within the county, such payment to be in respect of the interest and sinking fund payable in respect of the special loan hereinbefore recited.

    (2) The Borough Council shall, as from 1 April 1958, pay to the Catchment Board annually, for maintenance costs which since that date have been or shall be incurred by the Board in maintaining in good order and condition the works of the Ashburton-Hinds Rating District which have been or shall be constructed out of the proceeds of the special loan hereinbefore recited or the proceeds of any special works rate, a sum equal to one-third of the amount levied by the Board by way of rates, other than administrative rates, on Class E lands in the Ashburton-Hinds Rating District situate within the county.

    (3) The balance of the said interest payments, sinking fund, and maintenance costs aforesaid shall be collected by the Catchment Board by means of rates upon the lands forming part of the county and included in the Ashburton-Hinds Rating District in accordance with the same classification as that in accordance with which the special rates referred to have hitherto been made and levied.

    (4) The provisions of this section shall not be construed to affect the validity of the special rates already made and levied, or the rights of the debenture holders in respect of the said special loan to enforce payment of the amounts due to them in any lawful manner.

    (5) The contributions payable by the Borough Council as aforesaid shall be payable upon demand being made in writing to the Borough Council by the Catchment Board or some person or persons authorised thereby:

    provided that the demand shall specify the period in respect of which the contributions are payable.

4 Power of Borough Council to levy rate and pay contributions
  • The Borough Council may—

    • (a) make and levy, on all rateable property within the borough, equally, without classification, in accordance with the system of rating for the time being in force in the borough, a rate calculated to yield the amount of its contributions together with an additional amount sufficient to cover all reasonable costs and expenses incurred in and about making and levying, collecting, and recovering the rates, and a reasonable remuneration for clerical and other work:

    • (b) pay to the Catchment Board, if it thinks fit, out of the General Account of the Borough Council the amount of its contributions.

5 Recovery of contributions
  • If any contributions are not paid in full on or before 31 March next following the date of the demand, the Catchment Board may recover the amount unpaid in any court of competent jurisdiction as a debt due and owing by the Borough Council.

6 Alterations of contributions in certain circumstances
  • If the area of the borough shall be increased by including therein any lands now forming part of the Ashburton-Hinds Rating District, or decreased by excluding any lands now forming part of the borough and at any time before such exclusion forming part of the Ashburton-Hinds Rating District, or if there shall at any time be a revaluation under the Valuation of Land Act 1951 of all the lands forming part of the county and comprised in the said Ashburton-Hinds Rating District, or of any part of the borough previously forming part of the said Ashburton-Hinds Rating District, and as a result of the increase or decrease or of the said revaluation the proportion which the capital value of all lands in the borough previously in the Ashburton-Hinds Rating District bears to the capital value of the lands otherwise included in the said Ashburton-Hinds Rating District shall be substantially altered, the proportion which the Borough Council shall contribute in accordance with the foregoing provisions of this Act shall be altered, subject to the following provisions:

    • (a) no such alteration shall be made unless and until the Catchment Board resolves that in its opinion the aforesaid proportion has substantially altered in accordance with the provisions hereinbefore contained:

    • (b) if, upon receipt of notice of such resolution, the Borough Council and the County Council do not, within the space of 2 months, either agree that no alteration shall be made in the proportion payable as aforesaid or agree as to the proportion which shall be payable consequent upon such increase, decrease, or revaluation as aforesaid and the day on which the new proportion shall come into effect, the dispute shall be submitted to arbitration, and the Borough Council and the County Council shall each appoint 1 disinterested person as an arbitrator, and the Catchment Board shall appoint an umpire (not being an employee or member of the Catchment Board), who shall make the decision alone if the arbitrators are unable to agree; and such arbitration, except as herein expressly provided, shall be conducted under the provisions of the Arbitration Act 1908:

    • (c) if the said proportion shall be altered either by agreement or by arbitration in accordance with the foregoing provisions, notice of the new proportion, and of the day on which such new proportion shall come into effect, shall be published in the Gazette, and the foregoing provisions of this Act shall apply and take effect as if the new proportion were inserted therein in lieu of the proportion hereinbefore provided for.

7 Validation of payments made and rates levied by Borough Council
  • Any payment made by the Borough Council to the Catchment Board and any rate made or levied by the Borough Council, after 1 April 1958, pursuant to the provisions of this Act shall be valid and binding even if made by the Borough Council before the passing of this Act.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the South Canterbury Catchment Board Act 1958. The reprint incorporates all the amendments to the Act as at 13 September 1958, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)