New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 28 November 1989
| Local Act | 1989 No 7 |
| Date of assent | 27 November 1989 |
| Commencement | 27 November 1989 |
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.
3 Lump sum contributions for loan repayments
4 Validating uniform annual charges and discount for 1987–1988 year
6 Validating 1989–1990 instalments
7 Authorising Council to levy sixth instalment of 1989–1990 rates after 1 February 1990
An Act—
(a) to validate certain rates and charges and other rating arrangements purportedly made by the Kapiti Borough Council; and
(b) to empower the Kapiti Borough Council to prepare and implement an urban farm-land roll
Whereas—
(1) At a meeting held on 18 February 1987 the Council resolved to adopt the recommendations contained in a report of a meeting of the Financial Review Committee of the Council held on 28 January 1987, and thereby approved a scheme to allow ratepayers to make contributions towards the repayment of certain water and sewerage loans (hereinafter referred to as the lump sum contribution scheme); and
(2) Certain details of the lump sum contribution scheme were circulated to certain ratepayers of the Borough of Kapiti by memorandum in April 1987 and April 1988; and
(3) Purportedly in reliance on the lump sum contribution scheme, certain payments have been made to the Council, which payments have been or are to be applied by it in repayment of principal of certain water and sewerage loans; and
(4) The lump sum contribution scheme and the manner in which it was implemented are not authorised under the Local Government Act 1974 or under any other enactment; and
(5) It is desirable that all payments made and all money received and applied by the Council under the lump sum contribution scheme be validated, and that special provision be made for the continuation of the scheme; and
(6) At a meeting held on 18 March 1987 the Council resolved to make and levy the rates, charges, discounts, and additional charges specified in the resolution for the year ending with 31 March 1988; and
(7) Certain of those rates and charges, namely, the uniform annual charges in respect of the Paraparaumu water supply, the Paraparaumu sewerage system, and the coastal protection loan repayments, were not authorised by any enactment in force at the time the rates and charges were made; and
(8) The resolution of 18 March 1987 purported to allow a discount on the total rates for the 1987–1988 year of 5%, 4%, or 3% upon payment of the total rates in full on or before 30 April 1987, 30 June 1987, or 28 August 1987 respectively; and
(9) The dates before which payment was required to be made to qualify for discount were before the due dates for certain of the instalments and therefore the discounts were not authorised by section 70 of the Rating Act 1967; and
(10) In reliance upon the resolution of 18 March 1987, the Council has made, levied, and collected some of the uniform annual charges and has allowed the discounts; and
(11) It is desirable that the uniform annual charges made, levied, and collected and the discounts allowed by the Council for the year ending with 31 March 1988 be validated; and
(12) At a meeting held on 17 February 1988 the Council resolved to give public notice of its intention to make and levy rates, charges, discounts, and additional charges specified in the resolution for the year ending with 31 March 1989; and
(13) Public notice of the Council's intention to make and levy the rates and charges was given in the Kapiti Observer on 14 March 1988; and
(14) At its meeting on 23 March 1988 the Council resolved to make and levy the rates and charges; and
(15) The resolutions and the public notice were purportedly made under the authority of, amongst other Acts, the Rating Powers Act 1987 and include references to provisions in the Rating Powers Act 1987; and
(16) All references in the resolution and in the public notice to the Rating Powers Act 1987 and to provisions in the Rating Powers Act 1987 should be to the Rating Act 1967 and to provisions in the Rating Act 1967 respectively; and
(17) Certain charges, discounts, and additional charges were not authorised by any enactment in force at the time they were made, namely, the uniform annual charges in respect of the Paraparaumu water supply, the Paraparaumu sewerage system, Paraparaumu stormwater, and for coastal protection loan repayments, the discount on rates, and the additional charge on rates; and
(18) All the rates and charges not authorised under existing legislation are not lawfully made and all other rates and charges may not have been lawfully made; and
(19) It is desirable that the rating resolutions, the rates assessments issued in reliance on the resolutions, and the rates and charges made, levied, and collected by the Council for the year ending on 31 March 1989 be validated; and
(20) Since the close of the year ending with 31 March 1989, the Council has levied instalments of rates under the authority of section 153 of the Rating Powers Act 1988, assessed by reference to the last instalment levied in respect of each property in the 1988–1989 year; and
(21) The rates on which such instalments were based at the time the instalments were levied, and the assessments by which the instalments were levied, did not comply in all respects with the requirements of the Rating Powers Act 1988; and
(22) It is desirable that the levying and collection of the amounts specified in those assessments be validated; and
(23) The Council undertook the construction of continuous lengths of protective seawall at Raumati South and at Paekakariki after a severe storm in September 1976 caused major damage to beach front properties; and
(24) Before construction work commenced the Council obtained from Raumati South property owners with beach frontages to be protected by the seawall, undertakings to contribute to the costs of construction; and
(25) When construction of the seawall was completed, the Council reached agreement with a committee representing Raumati South beach front property owners, on various matters including—
(a) the total cost of construction to be recovered, adjusted to take account of subsidies received from the National Water and Soil Conservation Authority:
(b) the total cost expressed as a dollar value per metre of seawall constructed, to be paid in respect of each property protected by the seawall in proportion to the number of metres of beach frontage of that property:
(c) that payment could be made either in total before 31 March 1980 at the rate of $100.06 per metre of frontage or by annual payment at the rate of $13.39 per metre of frontage per year for 15 years:
(d) that property owners making the annual payment could at any time within the 15 years repay the balance of the costs outstanding in respect of their property as at the time of repayment; and
(26) Initially property owners received invoices from the Council for the amounts owing in terms of the agreement and elections made under the agreement, but, at the request of property owners, the Council decided to include the amounts owing on rates assessments for the year ending with 31 March 1982 and for subsequent years; and
(27) In the Council rates resolution for the year ending with 31 March 1982 and in each year's rates resolutions since, provision has been made for the annual payment under the heading coastal protection loan repayment charge at the rate of $13.39 (since 1986–1987 adjusted to take account of goods and services tax) per metre of property frontage protected on every property within the Raumati coastal protection special rating area, except for those properties where the liability in respect of the protection afforded by the seawall had been met, and assessments of the coastal protection charge have been included on rates assessments; and
(28) The making, levying, and collection of the coastal protection charge as a rate is not authorised under the Rating Act 1967 or any other legislation; and
(29) It is desirable that the making, levying, and collection of the coastal protection charge and any discount or additional charges in respect of the coastal protection charge be validated and that alternative provision be made for its collection in future; and
(30) The Council was required, pursuant to section 134 of the Rating Act 1967, to make a new farm-land roll for the Borough of Kapiti to come into force on 1 April 1988, when a new valuation roll for the urban district of the Borough came into force; and
(31) The Council had not made a new farm-land roll as at 29 June 1988 when Part 10 of the Rating Powers Act 1988 came into force; and
(32) Had a farm-land roll been in force at the commencement of the Rating Powers Act 1988 it would have continued in force in terms of section 169 of that Act; and
(33) There is doubt whether, with the commencement of the Rating Powers Act 1988, the Council now has authority to make a farm-land roll; and
(34) The Council has received requests from ratepayers for a farm-land roll and desires to make and implement such a roll.
