(1) All payments made to the Council on or before 15 January 1990, being payments purportedly made as lump sum payments pursuant to the lump sum contribution scheme, are hereby declared to be or to have been lawfully made and received by it and the application by the Council of such payments in repayment of any amount of principal outstanding under any of the water and sewerage loans is hereby declared to be lawful.
(2) The ratepayer for the time being of any separately rateable property in respect of which any payment or payments have been made pursuant to the lump sum contribution scheme may withdraw from the scheme by giving written notice to that effect under the hand of the ratepayer, or of the ratepayer's solicitor or duly authorised agent, lodged at the office of the Council on or before 15 January 1990.
(3) The Council shall, before 1 December 1989, issue to every ratepayer to whom subsection (2) applies a written notice—
(a) informing the ratepayer that the arrangements for lump sum contributions entered into by the Council in 1987 were not in accordance with the law, and that in validating the past actions of the Council in respect of the scheme Parliament has required changes to the future operation of the scheme which are set out in the notice:
(c) informing the ratepayer that if the ratepayer does not withdraw from the scheme, the property will be exempt from all rates and charges made and levied in respect of the Paraparaumu sewerage loan, the Paraparaumu water loan, and the Waikanae joint water supply loan:
(d) informing the ratepayer that if, at the close of 15 January 1990, the sum of the payments made in respect of that separately rateable property is less than $2,119, they will be deemed to have given notice of their withdrawal from the scheme:
(f) informing the ratepayer of the estimated uniform charges under subsection (6) and subsection (7) which would be made and levied, and the duration of those charges, if all other ratepayers withdrew from the scheme:
(4) As soon as reasonably practicable after notice under subsection (2) is received, the Council shall make a refund to the ratepayer in accordance with the following formula:
x − y = z
where—
- x
- is the total amount of lump sum contribution paid in respect of the property together with compound interest at 15% per annum calculated from the date on which each payment was received by the Council to the date on which the refund under this section is made by the Council
- y
- is the total amount by which the rates in respect of the property have been reduced by virtue of the lump sum contribution having been made, together with compound interest at 15% per annum calculated in respect of each such reduction from the date on which the payment in respect of which the reduction was made was received by the Council to the date on which the refund under this section is made by the Council
- z
- is the refund to be made under this section.
(5) Where as at the close of 15 January 1990 the sum of the payments made in respect of any separately rateable property, being payments purportedly made pursuant to the lump sum contribution scheme, is less than $2,119, and the ratepayer for the time being of the property has not given notice pursuant to subsection (2), the ratepayer shall be deemed to have given such notice on 15 January 1990 and a refund shall be made in respect of that property pursuant to subsection (4).
(6) Subject to subsections (8) and (9), for the financial year ending with 31 March 1990 and for each subsequent financial year in which payment of any annual charges in respect of the Paraparaumu water loan or the Waikanae joint water supply loan is required, the annual cost of such payment shall be met by a uniform annual charge for the ordinary supply of water pursuant to section 24 of the Rating Powers Act 1988 made and levied by the Council on all properties within the area of benefit.
(7) Subject to subsections (8) and (9), for the financial year ending with 31 March 1990 and for each subsequent financial year in which payment of any annual charges in respect of the Paraparaumu sewerage loan is required, the annual cost of such payment shall be met by a uniform annual charge for sewerage purposes pursuant to section 30 of the Rating Powers Act 1988 made and levied by the Council on all properties connected to the Paraparaumu sewerage scheme.
(8) Subject to subsection (13), no uniform annual charges shall be levied under subsection (6) or subsection (7) on any property in respect of which, at the close of 15 January 1990, the sum of $2,119 has been paid pursuant to the lump sum contribution scheme and notice pursuant to subsection (2) has not been received by the Council.
(9) The Council shall not make and levy any rate or charge, other than uniform annual charges under subsections (6) and (7), for the purposes of paying any annual charges in respect of the Paraparaumu sewerage loan, the Paraparaumu water loan, and the Waikanae joint water supply loan.
(10) Nothing in subsections (6) to (9) shall apply, if, as at the close of 15 January 1990, notice has been received or deemed to be received pursuant to subsections (2) or (5) in respect of every property in respect of which any lump sum payment was made under the lump sum contribution scheme.
(11) Subject only to the provisions of the Rating Powers Act 1988, nothing in this section shall prevent the Council from making and levying any separate rate or uniform annual charge for the maintenance of any of the works to which the water and sewerage loans relate.
(12) Nothing in this section shall affect the validity of any special rate deemed to have been made by the Council under the Local Authorities Loans Act 1956.
(13) Where, after 15 January 1990, any property to which subsection (8) applies, becomes 2 or more separately rateable properties by way of subdivision or otherwise, that subsection shall apply to whichever of the separately rateable properties is so nominated by the occupier for the time being, and the other property or properties shall be liable for uniform annual charges made and levied under subsections (6) and (7).
(14) Nothing in this section shall be construed as preventing the Council from making or levying, before 15 January 1990, rates or charges for any purposes other than the purposes of paying any annual charges in respect of the Paraparaumu sewerage loan, the Paraparaumu water loan, and the Waikanae joint water supply loan.