Dog Control (National Dog Control Information Database Levy) Order 2006

Reprint
as at 4 August 2006

Crest

Dog Control (National Dog Control Information Database Levy) Order 2006

(SR 2006/209)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 31st day of July 2006

Present:
Her Excellency the Governor-General in Council

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.

The Dog Control (National Dog Control Information Database Levy) Order 2006 is administered by the Department of Internal Affairs.

Pursuant to section 35B of the Dog Control Act 1996, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister of Local Government, makes the following order.

Order

1 Title

  • This order is the Dog Control (National Dog Control Information Database Levy) Order 2006.

2 Commencement

  • This order comes into force on 30 September 2006.

3 Interpretation

  • (1) In this order, unless the context otherwise requires,—

    Act means the Dog Control Act 1996

    costs means the costs of maintaining the database

    database means the national dog control information database compiled and maintained for the purposes of the Act

    financial year means a period of 12 months beginning on 1 July in any year and ending with the close of 30 June in the next year

    levy means the levy imposed under clause 4.

    (2) Terms defined in the Act and used in this order have the same meanings as in the Act.

4 Levy imposed

  • (1) A levy is imposed on all territorial authorities to fund the costs of maintaining the national dog control information database.

    (2) The levy is payable—

    • (a) in each financial year; and

    • (b) to the Crown.

    (3) The levy is payable in accordance with—

    • (a) clause 5, for the 2006/07 financial year; and

    • (b) clauses 6 to 9, for the 2007/08 financial year and each following financial year.

5 Levy for 2006/07 financial year

  • (1) The levy for each territorial authority is set out in the Schedule.

    (2) The levy must be paid—

    • (a) in a single amount; and

    • (b) no later than 31 October 2006.

6 Calculation of levy for 2007/08 financial year and each following financial year

  • (1) The levy must be calculated in accordance with this clause.

    (2) The costs for the financial year must be estimated.

    (3) Ten percent of the costs must be divided equally among each territorial authority (other than the Chatham Islands Council).

    (4) Forty-five percent of the costs must be apportioned among all territorial authorities using the following calculation to determine each territorial authority’s apportionment:

    a × b
    c

    where—

    • a is the dollar amount (being 45% of the costs)

    • b is the number of dogs recorded in the database as being registered with the territorial authority as at 1 February in the previous financial year

    • c is the total number of dogs recorded in the database as being registered with territorial authorities as at 1 February in the previous financial year.

    (5) Forty-five percent of the costs must be apportioned among all territorial authorities using the following calculation to determine each territorial authority’s apportionment:

    d × e
    f

    where—

    • d is the dollar amount (being 45% of the costs)

    • e is the resident population of the territorial authority’s city or district—

      • (a) as at 1 February in the previous financial year; and

      • (b) as stated in the most recent publicly available Statistics New Zealand information at that date (whether the information is based on a determination, an estimation, or otherwise)

    • f is the resident population of New Zealand—

      • (a) as at 1 February in the previous financial year; and

      • (b) as stated in the most recent publicly available Statistics New Zealand information at that date (whether the information is based on a determination, an estimation, or otherwise).

    (6) This clause is subject to clause 7.

7 Levy may be adjusted to compensate for over-recoveries or under-recoveries

  • The levy payable in any financial year may be adjusted—

    • (a) to deduct any over-recoveries from the levy paid in 1 or more previous financial years; or

    • (b) to add any under-recoveries from the levy paid in 1 or more previous financial years.

8 Notification of levy

  • The Secretary for Local Government must notify each territorial authority of the levy payable by it for each financial year—

    • (a) in writing; and

    • (b) no later than 30 April in the previous financial year.

9 Payment of levy

  • Each levy must be paid—

    • (a) in a single amount; and

    • (b) no later than 30 September in the financial year to which the levy relates.

10 GST

  • A levy payable under this order is exclusive of goods and services tax.

Schedule
Levy for 2006/07 financial year

cl 5(1)

Territorial authorityLevy amount (exclusive of GST)
($)
Ashburton District Council5,138
Auckland City Council31,918
Buller District Council2,209
Carterton District Council2,121
Central Hawke’s Bay District Council3,826
Central Otago District Council4,140
Chatham Islands Council274
Christchurch City Council32,888
Clutha District Council4,705
Dunedin City Council13,590
Far North District Council8,476
Franklin District Council8,548
Gisborne District Council8,093
Gore District Council4,672
Grey District Council2,523
Hamilton City Council11,354
Hastings District Council10,683
Hauraki District Council3,277
Horowhenua District Council4,620
Hurunui District Council3,586
Hutt City Council10,168
Invercargill City Council6,579
Kaikoura District Council1,330
Kaipara District Council4,151
Kapiti Coast District Council5,760
Kawerau District Council1,776
Mackenzie District Council1,680
Manawatu District Council5,509
Manukau City Council27,376
Marlborough District Council7,472
Masterton District Council4,510
Matamata-Piako District Council4,237
Napier City Council6,529
Nelson City Council4,905
New Plymouth District Council8,674
North Shore City Council17,740
Opotiki District Council1,802
Otorohanga District Council2,383
Palmerston North City Council8,373
Papakura District Council4,670
Porirua City Council5,130
Queenstown-Lakes District Council2,995
Rangitikei District Council3,807
Rodney District Council11,745
Rotorua District Council9,081
Ruapehu District Council3,619
Selwyn District Council6,289
South Taranaki District Council4,508
South Waikato District Council3,520
South Wairarapa District Council2,529
Southland District Council8,142
Stratford District Council2,206
Tararua District Council4,766
Tasman District Council7,501
Taupo District Council5,394
Tauranga City Council9,633
Thames-Coromandel District Council3,801
Timaru District Council6,590
Upper Hutt City Council4,766
Waikato District Council6,411
Waimakariri District Council6,332
Waimate District Council2,563
Waipa District Council5,679
Wairoa District Council2,743
Waitakere City Council17,281
Waitaki District Council4,168
Waitomo District Council3,070
Wanganui District Council6,459
Wellington City Council14,581
Western Bay of Plenty District Council6,186
Westland District Council1,799
Whakatane District Council5,437
Whangarei District Council8,999

Diane Morcom,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 30 September 2006, imposes a levy on territorial authorities in each financial year to fund the costs of maintaining the national dog control information database (compiled and maintained under section 35A of the Dog Control Act 1996).

The levy amounts for the 2006/07 financial year are set out in the Schedule.

The levy amounts for the 2007/08 financial year and each following financial year must be calculated in accordance with clause 6. Adjustment for any over-recovery or under-recovery of the levy from previous financial years is authorised by clause 7.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 3 August 2006.

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 Dog Control (National Dog Control Information Database Levy) Order 2006. The reprint incorporates all the amendments to the Dog Control (National Dog Control Information Database Levy) Order 2006 as at 4 August 2006, 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/legislation/reprints.shtml or Part 8 of the Tables of 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)