Canterbury Earthquake (Rating Valuations Act—Christchurch City Council) Order 2011

  • revoked
  • Canterbury Earthquake (Rating Valuations Act—Christchurch City Council) Order 2011: revoked, on 27 September 2013, by clause 26 of the Canterbury Earthquake (Rating Valuations Act—Christchurch City Council) Order 2013 (SR 2013/396).

Reprint
as at 27 September 2013

Coat of Arms of New Zealand

Canterbury Earthquake (Rating Valuations Act—Christchurch City Council) Order 2011

(SR 2011/216)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 20th day of June 2011

Present:
His Excellency the Governor-General in Council

  • Canterbury Earthquake (Rating Valuations Act—Christchurch City Council) Order 2011: revoked, on 27 September 2013, by clause 26 of the Canterbury Earthquake (Rating Valuations Act—Christchurch City Council) Order 2013 (SR 2013/396).


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order is administered by Land Information New Zealand.


Pursuant to section 71 of the Canterbury Earthquake Recovery Act 2011, His Excellency the Governor-General makes the following order acting—

  • (a) on the advice and with the consent of the Executive Council; and

  • (b) on the recommendation of the relevant Minister following the Canterbury Earthquake Recovery Review Panel's review of a draft of the order.

Order

1 Title
  • This order is the Canterbury Earthquake (Rating Valuations Act—Christchurch City Council) Order 2011.

2 Commencement
  • This order comes into force on 30 June 2011.

3 Expiry
  • This order expires on the earlier of—

    • (a) the implementation of the next general revaluation (as modified by clause 5):

    • (b) the close of 31 March 2014.

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

    district plan has the same meaning as in section 2(1) of the Resource Management Act 1991

    National Controller has the same meaning as in section 4 of the Civil Defence Emergency Management Act 2002.

    (2) Terms or expressions used but not defined in this order, but defined in the Act or the Canterbury Earthquake Recovery Act 2011, have the same meaning as in the Act or the Canterbury Earthquake Recovery Act 2011, as the case may be.

    (3) The modification of the Act made by this order does not affect the text of the Act, but requires it to be read as if it had been amended in the manner indicated in this order.

5 Modification of section 9(1) of Act
  • The application of section 9(1) of the Act to the Christchurch City Council is modified to extend the interval within which the Council is to comply with that provision to 1 December 2013.

6 Alterations during currency of rolls
  • (1) While this order is in force, this clause applies to the Christchurch City Council instead of section 14(1) of the Act.

    (2) The Christchurch City Council may at any time, of its own motion or on the application of the owner of, or ratepayer for (if different), a rating unit appearing on the roll, make alterations to its current district valuation roll, but only if—

    • (a) the rating unit has been created or abolished in accordance with rule 2.4 of the Rating Valuations Rules 2008:

    • (b) a subdivision, an amalgamation, or a resurvey of the land has occurred in relation to the rating unit:

    • (c) new work or building has been carried out in relation to the rating unit that has increased the value of improvements for the rating unit above that currently on the district valuation roll:

    • (d) changes have occurred in the provisions of an operative district plan in relation to the rating unit:

    • (e) the alteration is to correct an error in relation to the rating unit that existed in the district valuation roll before 4 September 2010:

    • (f) the alteration is to correct an omission from the district valuation roll:

    • (g) the alteration relates to individual buildings on the rating unit that have been totally demolished or that have been ordered to be demolished by the territorial authority, CERA, or the National Controller:

    • (h) the alteration is an administrative alteration permitted by rule 4.1 of the Rating Valuations Rules 2008.

7 Exemption from section 16 of Act
  • While this order is in force, section 16 of the Act does not apply to the Christchurch City Council.

8 Revocation

 Rebecca Kitteridge,
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 in Council comes into force on 30 June 2011 and expires on the earlier of—

  • the implementation of the next general revaluation (as modified by clause 5):

  • the close of 31 March 2014.

The purpose of the order is to modify or suspend the effect of certain provisions of the Rating Valuations Act 1998 (the Act) in relation to the Christchurch City Council in order to—

  • extend the interval within which the Christchurch City Council must revise its district valuation roll; and

  • limit the circumstances in which the Christchurch City Council may alter its district valuation roll during the currency of the roll; and

  • exempt the Christchurch City Council from undertaking new valuations of rating units for the purpose of the district valuation roll on the request of owners, or ratepayers for, rating units.

Clause 4 defines certain terms used in the order.

Clause 5 modifies the application of section 9(1) of the Act to the Christchurch City Council. Section 9(1) requires a territorial authority to revise its district valuation roll at intervals of not more than 3 years. Clause 5 extends the interval within which the Christchurch City Council is to comply with that provision to 1 December 2013.

Clause 6 modifies the application of section 14(1) of the Act to the Christchurch City Council. Section 14(1) enables a territorial authority to alter its current district valuation roll to correct valuations and entries and bring them up to date in the manner and circumstances, and in accordance with the procedures, specified in the Rating Valuations Rules 2008. Clause 6 provides that, while the order is in force, instead of complying with the Rating Valuations Rules 2008, the Christchurch City Council may alter its district valuation roll only in the circumstances specified in clause 6(2).

Clause 7 provides that, while the order is in force, section 16 of the Act does not apply to the Christchurch City Council. Section 16 enables the owner of, or ratepayer for, a rating unit to request a new valuation of the rating unit for the purpose of the district valuation roll.

Clause 8 revokes the Canterbury Earthquake (Rating Valuations Act) Order 2010.

This Order in Council is made under the Canterbury Earthquake Recovery Act 2011 and its effect is temporary.


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

Date of notification in Gazette: 23 June 2011.


Reprints notes
1 General
  • This is a reprint of the Canterbury Earthquake (Rating Valuations Act—Christchurch City Council) Order 2011 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, will have the status of an official version once issued by the Chief Parliamentary Counsel under section 17(1) of that Act.

3 Editorial and format changes
4 Amendments incorporated in this reprint
  • Canterbury Earthquake (Rating Valuations Act—Christchurch City Council) Order 2013 (SR 2013/396): clause 26