Taranaki Regional Council Empowering Act 2001

Reprint
as at 14 November 2001

Crest

Taranaki Regional Council Empowering Act 2001

Local Act2001 No 6
Date of assent13 November 2001
Commencementsee section 2

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.


1 Title
  • This Act is the Taranaki Regional Council Empowering Act 2001.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

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

    Council means the Taranaki Regional Council as constituted by clause 9 of the Local Government (Taranaki Region) Reorganisation Order 1989, and includes its legal successors

    Fund means the proceeds from the sale of the Council's land described in the Gazette, 23 October 1997 at page 3609, and any accumulations of capital and income on those proceeds

    New Plymouth District Council means the New Plymouth District Council as constituted by clause 36 of the Local Government (Taranaki Region) Reorganisation Order 1989, and includes its legal successors

    South Taranaki District Council means the South Taranaki District Council as constituted by clause 75 of the Local Government (Taranaki Region) Reorganisation Order 1989, and includes its legal successors

    special consultative procedure means, in relation to the proposed exercise of powers under section 5(1), the procedure prescribed by section 716A of the Local Government Act 1974

    specified project means any of the following projects:

    • (a) the development of a stadium for use for different kinds of events at Rugby Park, New Plymouth:

    • (b) the construction of a new combined library and museum facility in New Plymouth:

    • (c) the development of the Pukeiti Rhododendron Trust gardens:

    • (d) the development of the Tupare gardens:

    • (e) the development of the Hollard gardens

    Stratford District Council means the Stratford District Council as constituted by clause 61 of the Local Government (Taranaki Region) Reorganisation Order 1989, and includes its legal successors

    Taranaki Region means the Taranaki Region as constituted by clause 4 of the Local Government (Taranaki Region) Reorganisation Order 1989.

4 Purposes of Act
  • The purposes of this Act are—

    • (a) to widen the powers of the Council so that it is able to participate in a range of activities in the Taranaki Region; and

    • (b) to widen the funding powers of the Council so that it is able to fund those activities; and

    • (c) to enable the Fund to be used for a wider range of purposes; and

    • (d) to enable the Council to borrow from its own funds for the development of a stadium at Rugby Park, New Plymouth.

5 Powers of Council
  • (1) In addition to the functions, duties, and powers of a regional council under the Local Government Act 1974, the Council has the power to undertake, implement, encourage, or maintain, any services, works, projects, or facilities that are—

    • (a) for the recreation or cultural well-being of the residents and ratepayers of the Taranaki Region; or

    • (b) for preserving, or encouraging the reasonable enjoyment of, the physical and cultural heritage of the Taranaki Region.

    (2) To avoid any doubt, the Council may, in exercising its powers under subsection (1),—

    • (a) take, purchase, or otherwise acquire any land or buildings:

    • (b) make financial contributions towards the services, works, projects, or facilities as set out in subsection (1):

    • (c) enter into arrangements with other local authorities, persons, or groups of persons (whether incorporated or not).

    (3) Subsection (2) does not limit subsection (1).

    (4) The Council may not undertake or implement any services, works, projects, or facilities in reliance on the powers conferred by subsection (1) unless it first—

    • (a) completes the special consultative procedure in relation to the proposed exercise of the powers or, if the proposed exercise of the powers relates to any specified project, undertakes such consultation as it considers reasonable; and

    • (b) obtains the agreement of the New Plymouth District Council, the Stratford District Council, and the South Taranaki District Council in relation to the proposed exercise of the powers.

    (5) Subsection (4) is subject to section 9.

6 Funding powers of Council
  • (1) For the purposes of exercising its additional powers under section 5, the Council may, by resolution, make and levy on every separately rateable property in the Region, a uniform annual general charge under section 19 of the Rating Powers Act 1988 as if the Council were a territorial authority.

    (2) For the purposes of exercising its additional powers under section 5, the Council may, by resolution, instead of, or in addition to, making and levying a regional works and services rate under section 34 of the Rating Powers Act 1988, make and levy a separate uniform annual charge under section 20 of that Act on every separately rateable property on which the Council could have made and levied a regional works and services rate for those purposes, as if the Council were a territorial authority.

    (3) The Rating Powers Act 1988 applies, with any necessary modifications, to any uniform annual general charge or separate uniform annual charge made and levied by the Council.

7 Use of Fund
  • Despite section 230 of the Local Government Act 1974, the Council may apply the Fund—

    • (a) for the purposes of exercising its additional powers under section 5; or

    • (b) for any of its other lawful purposes; or

    • (c) for both.

8 Council's powers of borrowing
  • (1) The Council may, instead of, or in addition to, borrowing under section 122ZA of the Local Government Act 1974, borrow in any manner, and on any terms and conditions as it considers appropriate, out of its own funds for the purposes of the development of a stadium at Rugby Park, New Plymouth.

    (2) Subsection (1) applies subject to—

    • (a) any other enactment regulating borrowing generally or borrowing by local authorities; and

    • (b) the Council's investment policy and borrowing management policy.

    (3) To avoid any doubt, if the Council borrows out of its own funds, it may—

    • (a) charge a rate as security for the borrowing:

    • (b) make and levy a rate or charge in accordance with this Act or the Rating Powers Act 1988 to recover the costs of the borrowing (including interest and principal).

9 Transitional provisions
  • (1) Any consultation by the Council in relation to a specified project undertaken before the commencement of this Act, is to be treated as having been undertaken under section 5(4)(a).

    (2) Any agreement of a kind referred to in section 5(4)(b) that is obtained before the commencement of this Act, is to be treated as having been obtained in accordance with that provision.


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 Taranaki Regional Council Empowering Act 2001. The reprint incorporates all the amendments to the Act as at 14 November 2001, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

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)