Silverpeaks County Council (Karitane Lump Sum Validation) Act 1990

Reprint as at 29 June 1990

Silverpeaks County Council (Karitane Lump Sum Validation) Act 1990

Local Act1990 No 6
Date of assent28 June 1990
Commencement28 June 1990

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 the lump sum contribution levied by the Silverpeaks County Council for the Karitane Sewerage Scheme

  • Preamble

    Whereas—

    • (a) the Waikouaiti County Council constituted the Karitane Urban Drainage Area by resolutions dated 26 April 1977 and 30 May 1977; and

    • (b) the Waikouaiti County Council and the Taieri County Council were amalgamated to form the Silverpeaks County Council on 8 October 1977; and

    • (c) following amalgamation the Silverpeaks County Council constructed works known as the Karitane Sewerage Scheme within the Karitane Urban Drainage Area; and

    • (d) the Council determined that part of the capital cost of the Karitane Sewerage Scheme would be paid by ratepayers within the Karitane Urban Drainage Area; and

    • (e) the Council resolved on 25 February 1982, pursuant to the Silverpeaks County Council (Lump Sum Contributions) Empowering Act 1981, to invite lump sum contributions towards the capital cost of the scheme; and

    • (f) the Council calculated the estimated lump sum contribution under the Silverpeaks County Council (Lump Sum Contributions) Empowering Act 1981 on the basis that there were 366 rateable properties within the Karitane Urban Drainage Area; and

    • (g) upon substantial completion of the scheme the Council recalculated the lump sum contribution; and

    • (h) between the calculation of the estimated lump sum contribution and the recalculation of the lump sum contribution on substantial completion of the scheme, the number of rateable properties within the Karitane Urban Drainage Area was reduced by amalgamations from 366 to 346 rateable properties; and

    • (i) there were 11 further rateable properties within the Karitane Urban Drainage Area upon which both lump sum contributions and separate rates to meet the schemes annual loan charges were found to be irrecoverable; and

    • (j) the Council accordingly recalculated the lump sum contribution on substantial completion of the work on the basis that there were only 335 rateable properties within the Karitane Urban Drainage Area; and

    • (k) as a result of the recalculation of the lump sum contribution on substantial completion of the work a balance lump sum contribution of $30 was payable in respect of all rateable properties within the Karitane Urban Drainage Area upon which an election to make a lump sum contribution had been made; and

    • (l) the Council resolved on 2 February 1987 to require ratepayers for the time being of each separately rateable property on which a lump sum contribution was payable to pay a balance of $30 each; and

    • (m) the Council further resolved to charge a penalty of 10% on all balance lump sum contributions of $30 not paid by 20 May 1987; and

    • (n) doubt has been expressed about the legality of the Council's method of calculating the final lump sum contribution and the validity and recoverability of the balance lump sum contribution; and

    • (o) in reliance upon the resolution of 2 February 1987, the Council has made, levied, and collected some of the balance of the lump sum contributions; and

    • (p) it is desirable that the resolutions, the lump sum contribution, the estimated lump sum contribution, the final lump sum contribution, and the balance lump sum contribution as calculated by the Council be validated.