Tararua District Council (Rates Validation and Empowering) Act 1996

Reprint
as at 3 September 1996

Crest

Tararua District Council (Rates Validation and Empowering) Act 1996

Local Act1996 No 7
Date of assent2 September 1996
Commencement2 September 1996
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 certain rates of the Tararua District Council for the years ended with 30 June 1994, 30 June 1995, and 30 June 1996, and to empower the inclusion on rates assessments of certain charges for Pongaroa Water Supply

  • Preamble

    Whereas—

    1993/94 rates

    • (a) at a meeting held on 6 October 1993, the Tararua District Council resolved certain proposals for the making and levying of rates for the year ended with 30 June 1994, and instructed the giving of public notice of the Council's intention to make and levy the rates:

    • (b) public notice of the Council's intention to make and levy rates for the year ended with 30 June 1994 at a meeting to be held on 27 October 1993, was given in the Dannevirke Evening News, the Wairarapa Times-Age, and the Manawatu Evening Standard on 12 October 1993:

    • (c) at a special meeting held on 27 October 1993 the Council resolved to make and levy the rates and charges, and to prescribe additional charges, as set out in the notice of intention to make and levy rates:

    • (d) the notice of intention to make rates did not comply with section 110 of the Rating Powers Act 1988 by failing—

      • (i) to state clearly the purpose or purposes for which the revenue from certain of the rates or charges was to be applied; and

      • (ii) to state (or separately identify) the revenue sought from the Public Amenities separate rate, the Public Amenities separate uniform charge, the Urban Refuse Collection charge, and the Pahiatua Interim Refuse Collection charge; and

      • (iii) to state, in respect of the Urban Water Supplies uniform charge, the Urban Refuse Collection uniform charge, the Pahiatua Interim Refuse Collection uniform charge, the Urban Sewerage charge, the Urban Stormwater Drainage uniform charge, the Pongaroa Water Supply charge, and the Norsewood Sewerage Loan uniform charge, whether the amount of the charges were per separately rateable property; or per separately used or inhabited portion of a property or building; or per unit of water supplied or consumed; or per urinal or water closet connected; or per container of refuse:

    • (e) certain of the rates and charges as made (and levied) were not authorised by, or were contrary to, the Rating Powers Act 1988, as follows:

      • (i) the separate Industrial/Commercial rate for roading purposes was made and levied only on properties zoned for industrial or commercial purposes contrary to section 16 of that Act:

      • (ii) the Urban Sewerage charge was actually levied on each water closet or urinal connected, and therefore the provision for a half charge was unauthorised:

      • (iii) there was no statutory authority for the 50% charge for the Pongaroa rural water supply:

      • (iv) there was no statutory authority for half charges for urban refuse collection:

    • (f) there is doubt whether certain of the rates and charges were authorised by the Rating Powers Act 1988, as follows:

      • (i) the separate Rural Roading rate was affected by the invalidity of the separate Industrial/Commercial rate, and it is doubtful that the part of the district in which this rate was to be levied was sufficiently described:

      • (ii) the separate Urban Roading rate was affected by the invalidity of the separate Industrial/Commercial rate, and it is doubtful that the part of the district in which this rate was to be levied was sufficiently described:

      • (iii) the Urban Water Supplies uniform charge was actually levied on each separately used or inhabited portion of a property or building connected to the water supply and there is doubt whether the half charge was authorised:

    • (g) the differential General rate was not made and levied strictly in accordance with the differential system adopted by the Council by special order confirmed on 29 August 1990:

    • (h) the Urban Water Supplies uniform charge, the Urban Refuse Collection uniform charge, the Pahiatua Interim Refuse Collection uniform charge, the Urban Sewerage charge, the Urban Stormwater Drainage uniform charge, the Pongaroa Rural Water Supply charge, and the Norsewood Sewerage Loan uniform charge were not expressly made under the authority of any specific provisions, and therefore their incidence was uncertain:

    • (i) the resolution of 27 October 1993 retrospectively provided for an additional charge of 10% to be added to amounts of the first instalment of rates remaining unpaid on 1 September 1993, contrary to section 132 of the Rating Powers Act 1988:

    1994/95 rates

    • (j) public notice of the Council's intention to make and levy rates for the year ended with 30 June 1995 at a meeting to be held on 28 September 1994 was given in the Dannevirke Evening News and the Bush Telegraph on 13 September 1994:

    • (k) at a special meeting held on 28 September 1994, the Council resolved to make and levy the rates and charges, and to prescribe additional charges, as set out in the notice of intention to make and levy rates:

    • (l) the notice of intention to make and levy rates did not comply with section 110 of the Rating Powers Act 1988 by failing to state clearly the purpose or purposes for which the revenue from certain of the charges was to be applied:

    • (m) certain of the rates and charges as made and levied were not authorised by, or were contrary to, the Rating Powers Act 1988 as follows:

      • (i) the separate Industrial/Commercial rate for roading purposes was made and levied only on properties zoned for industrial or commercial purposes contrary to section 16 of that Act:

      • (ii) there is no statutory authority for the half charge for urban refuse purposes:

      • (iii) the Urban Sewerage charge was made and levied pursuant to section 30 of the Rating Powers Act 1988, and therefore the provision for a half charge was unauthorised:

      • (iv) there is no statutory authority for the 50% charge for the Pongaroa rural water supply:

    • (n) there is doubt whether certain of the rates and charges were authorised by the Rating Powers Act 1988 as follows:

      • (i) the separate Rural Roading rate was affected by the invalidity of the separate Industrial/Commercial rate, and it is doubtful that the part of the district in which this rate was to be levied was sufficiently described:

      • (ii) the separate Urban Roading rate was affected by the invalidity of the separate Industrial/Commercial rate, and it is doubtful that the part of the district in which this rate was to be levied was sufficiently described:

      • (iii) the Urban Water charge was made and levied pursuant to section 24 of the Rating Powers Act 1988 and there is doubt whether the half charge was authorised:

    • (o) the differential General rate was not made and levied strictly in accordance with the differential system adopted by the Council by special order confirmed on 29 August 1990:

    • (p) the resolution of 28 September 1994 retrospectively provided for additional charges to be added to the amounts of the first instalment of rates remaining unpaid on 31 August 1994, and to rates outstanding from previous years on 1 July 1994, contrary to section 132 of the Rating Powers Act 1988:

    1995/96 rates

    • (q) the Council's notice of intention to make rates, rates resolutions, and rates assessments included all charges for the Pongaroa Water Supply Scheme:

    • (r) there is no statutory authority for the 50% charge for the Pongaroa water supply:

    Pongaroa Rural Water Supply

    • (s) the maintenance and operation of the Pongaroa Rural Water Supply is funded by annual charges calculated by reference to a unit of water, being 1 cubic metre of water per day:

    • (t) the practice has developed of levying a 100% charge per unit supplied to the majority of properties; a 70% charge per unit supplied to certain specified properties; and a 50% charge per unit is charged to properties able to receive the supply but not in fact receiving it, and, by reference to an agreed formula, certain properties not receiving the supply are levied a multiple of the 50% charge per unit:

    • (u) the method of charging for the Pongaroa Rural Water Supply was established by agreement with property owners having access to the supply:

    • (v) notwithstanding that there is no statutory authority for the 50% charges, it is desired that the Council have authority to continue to charge for the Pongaroa Rural Water Supply on the basis agreed by the property owners having access to it:

    General

    • (w) it is desirable that all rates and charges invalidly made by the Council for the years ended with 30 June 1994 and 30 June 1995 be validated as levied:

    • (x) it is desirable that, for the avoidance of doubt, all other rates and charges made by the Council for the years ended with 30 June 1994 and 30 June 1995 about which there is doubt as to the validity be validated as levied:

    • (y) it is desirable that all additional charges added to outstanding rates in reliance on, but before, the resolutions of 27 October 1993 and 28 September 1994 respectively, be validated:

    • (z) it is desirable that the making and levying of the 50% charge for the Pongaroa Water Supply Scheme in the year ending with 30 June 1996 be validated:

    • (za) it is desirable that the Council be authorised to include, in rates assessments issued in respect of properties within the Pongaroa Rural Water Supply Area, advice of the agreed charges for the Pongaroa Water Supply Scheme, notwithstanding that the 50% charge cannot be made and levied as a rate under the Rating Powers Act 1988 and that the Council may choose not to make and levy other of the charges for that scheme under the authority of that Act.

1 Short Title

  • This Act may be cited as the Tararua District Council (Rates Validation and Empowering) Act 1996.

2 Interpretation

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

    1993 rates means the rates and charges for the year ended with 30 June 1994 of the amounts in the dollar of land value, or amounts per separately rateable property; or per separately used or inhabited portion of a property or building; or per unit of water supplied; or per water closet or urinal connected, as set out in Schedule 1

    1994 rates means the rates and charges for the year ended with 30 June 1995 of the amounts in the dollar of land value; or amounts per separately rateable property; or per separately used or inhabited portion of a property or building; or per unit of water supplied; or per water closet or urinal connected, as set out in Schedule 2

    Council means the Tararua District Council.

3 Validating 1993 rates

  • (1) Notwithstanding anything in the Rating Powers Act 1988, the 1993 rates are hereby validated and declared to have been lawfully made and levied by the Council.

    (2) Notwithstanding anything in the Rating Powers Act 1988, any additional charge added to unpaid amounts of the first instalment of rates for the year ended with 30 June 1994 on 1 September 1993 in reliance on the Council resolution dated 27 October 1993 is hereby validated and declared to be lawful.

    (3) All actions of the Council in levying and collecting the 1993 rates, and of adding the additional charges referred to in subsection (2) are hereby validated and declared to have been lawful.

    (4) All money received by the Council in payment of the 1993 rates and the said additional charges is hereby deemed to have been lawfully paid to and received by the Council.

    (5) Such part of the 1993 rates and additional charges as has not yet been paid is declared to be lawfully payable to the Council and capable of being collected as if it had always been lawfully payable.

4 Validating 1994 rates

  • (1) Notwithstanding anything in the Rating Powers Act 1988, the 1994 rates are hereby validated and declared to have been lawfully made and levied by the Council.

    (2) Notwithstanding anything in the Rating Powers Act 1988, any additional charges added to unpaid amounts of the first instalment of rates for the year ended with 30 June 1995 on 31 August 1994, and to rates outstanding from previous years on 1 July 1994, in reliance on the Council resolution dated 28 September 1994 are hereby validated and declared to be lawful.

    (3) All actions of the Council in levying and collecting the 1994 rates, and of adding the additional charges referred to in subsection (2), are hereby validated and declared to have been lawful.

    (4) All money received by the Council in payment of the 1994 rates and the said additional charges is hereby deemed to have been lawfully paid to and received by the Council.

    (5) Such part of the 1994 rates and additional charges as has not yet been paid is declared to be lawfully payable to the Council and capable of being collected as if it had always been lawfully payable.

5 Pongaroa Rural Water Supply Charges

  • (1) Notwithstanding that there was no statutory authority for the 50% charge per unit of water available, but not supplied, to properties in the Pongaroa Rural Water Supply Area, the inclusion of such charges in the rates and charges made and levied by the Council for the year ended with 30 June 1996 is hereby validated and declared to be lawful.

    (2) All money received by the Council in payment of the said rates and charges is hereby deemed to have been lawfully paid to and received by the Council.

    (3) Such part of the said rates and charges as has not yet been paid is hereby declared to be lawfully payable to the Council and capable of being collected as if it had always been lawfully payable.

6 Inclusion of Pongaroa Rural Water Supply Charges on rates assessments

  • (1) Subject to this section, the Council may include in any rates assessment under section 122 of the Rating Powers Act 1988 in respect of any property in the Pongaroa Rural Water Supply Area, advice of the annual charges payable in respect of that property for the maintenance and operation of the Pongaroa Water Supply, notwithstanding that any such charge is not authorised under any provision of that Act.

    (2) Any advice included on an assessment pursuant to subsection (1) shall be clearly separated and distinguished from the rates and charges levied by means of that assessment, and shall be accompanied by a clear statement to the effect that the charge is not a rate or charge under the Rating Powers Act 1988, and that the provisions of that Act do not apply to that charge.

Schedule 1

Part 1
1993/94 rates

Rate or charge Differential category Amount Incidence

Differential General rate

 

See Part 2 of Schedule 1

 

See Part 2 of Schedule 1

 

every separately rateable property

Public Amenities uniform change

   $92.50 

every separately rateable property

Public Amenities separate rate

   0.00095566 in the $ 

every separately rateable property

Industrial/Commercial rate

   0.06228615 in the $ 

every separately rateable property zoned industrial or commercial

Rural Roading rate

   0.00691724 in the $ 

every separately rateable property in the rural area

Urban Roading rate

   0.01385267 in the $ 

every separately rateable property in the urban area

Urban Water Supplies uniform charge

 Full $95.15 

every separately used or inhabited portion of a property connected to an urban water supply

  Half $47.57 

every separately used or inhabited portion of a property within 100 metres of an urban water supply and capable of being (but not) connected

Urban Refuse Collection uniform charge

 Full $51.05 

every separately used or inhabited portion of a property in an urban area (other than Pahiatua) which receives a refuse collection service

  Half $25.52 

every separately used or inhabited portion of a property in an urban area (other than Pahiatua) which does not receive a refuse collection service

Pahiatua Interim Refuse Collection uniform charge

   $33.78 

every separately used or inhabited portion of a property in Pahiatua

Urban Sewerage uniform charge

 Full $50.21 

per urinal or water closet connected to a sewerage system

  Half $25.11 

every separately rateable property within 30 metres of a sewerage system, capable of being (but not) connected

Urban Stormwater Drainage uniform charge

   $34.95 

every separately rateable property in the Tararua district urban stormwater drainage area

Pongaroa Rural Water Supply

 Full $50.77 

per unit of water supplied

  70% $35.54 

per unit of water supplied

  50% $25.39 

per unit of water agreed to be supplied

Norsewood Sewerage Loan uniform charge

   $287.00 

every separately rateable property in the Norsewood Sewerage area being a property in respect of which a lump sum contribution has not been paid.

Part 2
1993/94 differential General rate

ADannevirke Residential0.00080956
CDannevirke Commercial0.00096467
DDannevirke Urban Farmland0.00034685
EDannevirke Rural0.00015045
GAkitio (former County)0.00021932
HEketahuna Commercial0.00426664
IEketahuna Residential0.00056553
JEketahuna Town Rural0.00020777
KEketahuna Industrial0.00077195
K1Eketahuna County General0.00013600
LPahiatua Residential0.00043006
MPahiatua Commercial0.00096132
NPahiatua Flood Protection > 0.75 and < 1 ha0.00039127
OPahiatua Flood Protection > 1 ha and < 2 ha0.00033197
PPahiatua Flood Protection > 2 ha and < 3 ha0.00030323
QPahiatua Flood Protection > 3 ha and < 4 ha0.00035376
RPahiatua Flood Protection > 4 ha0.00032702
SPahiatua County General0.00008216
TWoodville County General0.00009082
UWoodville Industrial/Commercial0.00109397
VWoodville Residential < 1 ha0.00052393
WWoodville Urban Farmland 1–16 ha0.00023872
XWoodville Urban Farmland > 16 ha0.00012219
YEx Central Hawke's Bay0.00017393
ZEx Masterton0.00012051

Schedule 2

Part 1
1994/95 rates

Rate or charge Differential category Amount Incidence

Differential General rate

 

See Part 2 of Schedule 2

 

See Part 2 of Schedule 2

 

every separately rateable property

Industrial/Commercial rate

   0.055636606 in the $ 

every separately rateable property zoned industrial or commercial

Rural Roading rate

   0.006800131 in the $ 

every separately rateable property in the rural area

Urban Roading rate

   0.01569196 in the $ 

every separately rateable property in the urban area

Urban Water charge

 Full $107.63 

every separately used or inhabited portion of a property connected to an urban water supply

  Half $53.82 

every separately used or inhabited portion of a property within 100 metres of an urban water supply and capable of being (but not) connected

Urban Refuse charge

 Full $69.86 

every separately used or inhabited portion of a property in an urban area which receives a refuse collection service

  Half $34.93 

every separately used or inhabited portion of a property in an urban area which does not receive a refuse collection service

Urban Sewerage charge

 Full $68.74 

per urinal or water closet connected to a sewerage system

  Half $34.37 

every separately rateable property within 30 metres of a sewerage system, capable of being (but not) connected

Urban Stormwater charge

   $45.68 

every separately rateable property in the Tararua District urban stormwater drainage area

Pongaroa Rural Water Supply

 Full $52.02 

per unit of water supplied

  70% $36.42 

per unit of water supplied

  50% $26.01 

per unit of water agreed to be supplied

Norsewood Sewerage Loan charge

   $287.00 

every separately rateable property in the Norsewood Sewerage area being a property in respect of which a lump sum contribution has not been paid.

Part 2
1994/95 differential General rate

ADannevirke Residential0.00081733
CDannevirke Commercial0.00095974
DDannevirke Urban Farmland0.00030114
EDannevirke Rural0.00015007
GAkitio (former County)0.00021338
HEketahuna Commercial0.00426894
IEketahuna Residential0.00057065
JEketahuna Town Rural0.00020031
KEketahuna Industrial0.00078260
K1Eketahuna County General0.00013587
LPahiatua Residential0.00042971
MPahiatua Commercial0.00095315
NPahiatua Flood Protection > 0.75 and < 1 ha0.00039755
OPahiatua Flood Protection > 1 ha and < 2 ha0.00032884
PPahiatua Flood Protection > 2 ha and < 3 ha0.00030034
QPahiatua Flood Protection > 3 ha and < 4 ha0.00035398
RPahiatua Flood Protection > 4 ha0.00032475
SPahiatua County General0.00008202
TWoodville County General0.00009049
UWoodville Industrial/Commercial0.00112788
VWoodville Residential < 1 ha0.00052072
WWoodville Urban Farmland 1–16 ha0.00023369
XWoodville Urban Farmland > 16 ha0.00012735
YEx Central Hawke's Bay0.00017712
ZEx Masterton0.00012029

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 Tararua District Council (Rates Validation and Empowering) Act 1996. The reprint incorporates all the amendments to the Act as at 3 September 1996, 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)