Hauraki Plains County Council Empowering (Kerepehi Sewerage Works) Act 1975

Reprint
as at 1 July 2003

Coat of Arms of New Zealand

Hauraki Plains County Council Empowering (Kerepehi Sewerage Works) Act 1975

Local Act1975 No 13
Date of assent3 October 1975
Commencement3 October 1975

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 empower the Hauraki Plains County Council to make and levy a capital charge on certain property within the Hauraki Plains County

  • Preamble

    Whereas the Hauraki Plains County Council proposes to raise a loan for the purpose of installing and maintaining sewerage works at Kerepehi:

    And whereas it is expedient and desirable that the Hauraki Plains County Council be empowered to make and levy a capital charge to meet part of the costs of the said sewerage works.

1 Short Title
  • This Act may be cited as the Hauraki Plains County Council Empowering (Kerepehi Sewerage Works) Act 1975.

2 Hauraki Plains County Council authorised to levy capital charge
  • (1) The Hauraki Plains County Council may make and levy a capital charge not exceeding $525 on every owner of rateable property within the area defined in the Schedule, the proceeds of which shall be expended for the purposes of the installation, maintenance, and extension of sewerage works at Kerepehi or for the payment of annual charges on any loans raised in connection with such sewerage works.

    (2) Where any such rateable property comprises 1 or more allotments each of which are capable of being connected (either directly or through a private drain) to the Kerepehi sewerage system, the Council may make and levy the charge specified in subsection (1) in respect of each such allotment.

    (3) The Council and the owner may agree that the amount of any such charge shall be payable in one amount at a fixed time, or by instalments extending over a number of years. That agreement may contain any incidental provisions and may provide for the earlier payment of instalments, or any of them, on terms to be set out in the agreement.

    (4) That agreement may, where the charge is payable in one amount, contain provisions for securing the payment thereof. If the charge is payable by instalments, each such instalment shall for all purposes be deemed to be a rate and shall be recoverable as rates are recoverable under the Local Government (Rating) Act 2002, and the provisions of that Act as to the recovery of rates shall, with the necessary modifications and except to the extent that they are inconsistent with this Act, apply accordingly, subject to the following conditions:

    • (a) the owner for the time being of the rateable property in question shall in all cases be deemed to be the person primarily liable for payment:

    • (b) a separate record shall be kept by the Council, in which particulars of the amount of the charge and of any instalments agreed upon and the dates for payment thereof, and of the names of persons paying the same, shall be entered; and that record shall be prima facie evidence of the correctness of its contents.

    Section 2(4): amended, on 1 July 2003, pursuant to section 138(1) of the Local Government Rating Act 2002 (2002 No 6).


Schedule
Kerepehi: Special rating area

s 2(1)

All that area in the South Auckland District, Hauraki Plains County, being part Kerepehi Township and Part Block VI Waihou Survey District, containing 39 hectares more or less, bounded by a line commencing at the centre point of the street intersection on the Kerepehi-Turua Road fronting part 7B6C, Tiritiri Block, and proceeding northwards along the centre line of the street to a point opposite the production, westwards, of the northern boundary of 7B6D3B2B2; thence eastwards along the northern boundaries of 7B6D3B2B2, 7B6D3B2A, 7B6D3B2B1 (Maori Reserve) and 7B6A to its northernmost corner; thence southwards along the eastern boundary of 7B6A to its junction with 7B6A (School Site) and eastwards along the northern boundary of that section and its production to the centre line of the street; thence southwards along the street centre line to a point opposite the production westwards of the northern boundary of Lot 3, DPS 14714; then eastwards along the northern boundary of the said Lot 3, and southwards along the eastern boundaries of Lots 3, 2, and 1, DPS 14714; thence westwards along the southern boundary of Lot 1, DPS 14714 to its intersection with the street; thence southwards along the western boundaries of 2A1B2B and Lot 1, DP 27388; thence eastwards along the northern boundaries of Sections 1, 2, 3, 4, (Rimu Street), 8, 9, (Kaikahu Road) and 20, all on SO (Plan) 20984; thence southwards along the eastern boundaries of Sections 20, 21 and 22, SO 20984; thence eastwards on a line bearing 71°49′15″ to the eastern boundary of section 29, SO 20984; thence southwards along the eastern boundary of that same Section 29, SO 20984 and its production to the centre line of the Kerepehi-Turua Road; thence westwards along the centre line of that road to its point of intersection with the production, northwards, of the eastern boundary of Section 10, Block VII, SO (Plan) 18400; thence southwards to the north-east corner of the said Section 10 and along the eastern boundary of that Section 10 for a distance of 161 metres; thence westwards along a bearing of 252°09′30″ for a distance of 60 metres; thence southwards along a bearing of 162°09′30″ to the southern boundary of Section 10 aforesaid; thence westwards along the southern boundaries of the said Section 10, and Section 9 (both shown on SO 18400), and the production of that line to the centre line of Kaikahu Road; thence northwards along the centre line of Kaikahu Road to a point opposite the production, westwards, of the northern boundary of Section 7, Block VII, SO 18400; thence westwards along a line bearing 252°09′30″, through sections 6, 5, 4, and 3, Block VI, SO 18400, to the western boundary of the last mentioned Section 3; thence northwards along its western boundary and the production of that boundary to the centre line of Miro Street; thence westwards along the centre line of that street to the midpoint of its intersection with Rimu Street; thence northwards along the centre line of Rimu Street to a point opposite the southern boundary of Section 18, Block II, SO 18400, and along the southern and western boundaries of the said Section 18 and also the western boundary of Lot 16, Block II, SO 18400; thence along the southern boundary of Section 13, Block II, SO 18400 and its production to the centre line of Rata Street; thence north along the centre line of Rata Street to a point opposite the southern boundary of Section 8, Block I, SO 18400 and westwards along its southern boundary; thence northwards along the western boundaries of Sections 8, 7, 6, and 5, Block I, SO 18400, and the production of that line to the southern boundary of Section 111, SO (Plan) 45380; thence westwards along its southern boundary and the southern boundaries of Lots 4, 3, 2, and 1, DP 20027, Lots 1 and 3, DP 18537, Lots 1 and 2, DPS 7988, and Lot 1, DPS 14715, and westwards 9.84 metres to the boundary intersection; thence northwards along a bearing of 352°46′40″ to the centre line of the Kerepehi-Turua Road; thence westwards along the centre line of that road to the point of commencement.


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 Hauraki Plains County Council Empowering (Kerepehi Sewerage Works) Act 1975. The reprint incorporates all the amendments to the Act as at 1 July 2003, 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)