This Act may be cited as the Kapiti Borough Council (Rates and Charges Validation and Empowering) Act 1989.

In this Act, unless the context otherwise requires,—

(1) All payments made to the Council on or before 15 January 1990, being payments purportedly made as lump sum payments pursuant to the lump sum contribution scheme, are hereby declared to be or to have been lawfully made and received by it and the application by the Council of such payments in repayment of any amount of principal outstanding under any of the water and sewerage loans is hereby declared to be lawful.

(2) The ratepayer for the time being of any separately rateable property in respect of which any payment or payments have been made pursuant to the lump sum contribution scheme may withdraw from the scheme by giving written notice to that effect under the hand of the ratepayer, or of the ratepayer's solicitor or duly authorised agent, lodged at the office of the Council on or before 15 January 1990.

(3) The Council shall, before 1 December 1989, issue to every ratepayer to whom subsection (2) applies a written notice—

• (a) informing the ratepayer that the arrangements for lump sum contributions entered into by the Council in 1987 were not in accordance with the law, and that in validating the past actions of the Council in respect of the scheme Parliament has required changes to the future operation of the scheme which are set out in the notice:

• (b) setting out the right of the ratepayer to withdraw from the scheme by giving written notice to the Council not later than 15 January 1990 in accordance with subsection (2):

• (c) informing the ratepayer that if the ratepayer does not withdraw from the scheme, the property will be exempt from all rates and charges made and levied in respect of the Paraparaumu sewerage loan, the Paraparaumu water loan, and the Waikanae joint water supply loan:

• (d) informing the ratepayer that if, at the close of 15 January 1990, the sum of the payments made in respect of that separately rateable property is less than $2,119, they will be deemed to have given notice of their withdrawal from the scheme:

• (e) informing the ratepayer of the amount of refund they would receive if they elect to withdraw, or are deemed to have withdrawn, from the scheme:

• (f) informing the ratepayer of the estimated uniform charges under subsection (6) and subsection (7) which would be made and levied, and the duration of those charges, if all other ratepayers withdrew from the scheme:

• (g) advising the ratepayer that an election not to withdraw from the scheme has no effect on the ratepayer's liability for any other rates or charges:

• (h) advising the ratepayer that the decision will be irrevocable and binding on all persons who are or who may become liable to pay rates in respect of the property.

(4) As soon as reasonably practicable after notice under subsection (2) is received, the Council shall make a refund to the ratepayer in accordance with the following formula:

(5) Where as at the close of 15 January 1990 the sum of the payments made in respect of any separately rateable property, being payments purportedly made pursuant to the lump sum contribution scheme, is less than $2,119, and the ratepayer for the time being of the property has not given notice pursuant to subsection (2), the ratepayer shall be deemed to have given such notice on 15 January 1990 and a refund shall be made in respect of that property pursuant to subsection (4).

(6) Subject to subsections (8) and (9), for the financial year ending with 31 March 1990 and for each subsequent financial year in which payment of any annual charges in respect of the Paraparaumu water loan or the Waikanae joint water supply loan is required, the annual cost of such payment shall be met by a uniform annual charge for the ordinary supply of water pursuant to section 24 of the Rating Powers Act 1988 made and levied by the Council on all properties within the area of benefit.

(7) Subject to subsections (8) and (9), for the financial year ending with 31 March 1990 and for each subsequent financial year in which payment of any annual charges in respect of the Paraparaumu sewerage loan is required, the annual cost of such payment shall be met by a uniform annual charge for sewerage purposes pursuant to section 30 of the Rating Powers Act 1988 made and levied by the Council on all properties connected to the Paraparaumu sewerage scheme.

(8) Subject to subsection (13), no uniform annual charges shall be levied under subsection (6) or subsection (7) on any property in respect of which, at the close of 15 January 1990, the sum of $2,119 has been paid pursuant to the lump sum contribution scheme and notice pursuant to subsection (2) has not been received by the Council.

(9) The Council shall not make and levy any rate or charge, other than uniform annual charges under subsections (6) and (7), for the purposes of paying any annual charges in respect of the Paraparaumu sewerage loan, the Paraparaumu water loan, and the Waikanae joint water supply loan.

(10) Nothing in subsections (6) to (9) shall apply, if, as at the close of 15 January 1990, notice has been received or deemed to be received pursuant to subsections (2) or (5) in respect of every property in respect of which any lump sum payment was made under the lump sum contribution scheme.

(11) Subject only to the provisions of the Rating Powers Act 1988, nothing in this section shall prevent the Council from making and levying any separate rate or uniform annual charge for the maintenance of any of the works to which the water and sewerage loans relate.

(12) Nothing in this section shall affect the validity of any special rate deemed to have been made by the Council under the Local Authorities Loans Act 1956.

(13) Where, after 15 January 1990, any property to which subsection (8) applies, becomes 2 or more separately rateable properties by way of subdivision or otherwise, that subsection shall apply to whichever of the separately rateable properties is so nominated by the occupier for the time being, and the other property or properties shall be liable for uniform annual charges made and levied under subsections (6) and (7).

(14) Nothing in this section shall be construed as preventing the Council from making or levying, before 15 January 1990, rates or charges for any purposes other than the purposes of paying any annual charges in respect of the Paraparaumu sewerage loan, the Paraparaumu water loan, and the Waikanae joint water supply loan.

(1) Notwithstanding that the uniform annual charges were not lawfully made and levied, the uniform annual charges are hereby validated and declared to have been lawfully made and levied.

(2) All actions of the Council in levying and collecting the uniform annual charges are hereby validated and declared to have been lawful.

(3) All money received by the Council in payment of the uniform annual charges is hereby declared to have been lawfully paid and received by it.

(4) Such part of the uniform annual charges as has not yet been paid to the Council is hereby declared to be lawfully payable and capable of being collected by the Council as if the uniform annual charges had always been lawfully payable.

(5) The Council shall be deemed to have been authorised to allow—

• (a) a discount of 5% on the whole of the 1987–1988 rates and charges paid to the Council in full on or before 30 April 1987; and

• (b) a discount of 4% on the whole of the 1987–1988 rates and charges paid to the Council in full after 30 April 1987 and on or before 30 June 1987; and

• (c) a discount of 3% on the whole of the 1987–1988 rates and charges paid to the Council in full after 30 June 1987 and on or before 28 August 1987,—

and all such discounts allowed by the Council shall be deemed to have been lawfully allowed.

(1) Notwithstanding that the rates and charges were not or may not have been lawfully made and levied, the rates and charges are hereby validated and declared to have been lawfully made and levied in respect of the year ending on 31 March 1989.

(2) All actions of the Council in levying and collecting the rates and charges are hereby validated and declared to have been lawful.

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

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

(1) Notwithstanding that the 1989–1990 instalments may not have been lawfully levied, the instalments are hereby validated and declared to have been lawfully levied in respect of that part of the year ending on 31 March 1990 to which they relate.

(2) All actions of the Council in levying and collecting the 1989–1990 instalments are hereby validated and declared to be lawful.

(3) All money received by the Council in payment of the 1989–1990 instalments is hereby deemed to have been lawfully paid to and received by it.

(4) Each such instalment is deemed to have fallen due and to have incurred an additional charge if not paid on or before the due date shown on the rates assessment in respect of that instalment.

(5) Such part of the 1989–1990 instalments as has been levied by the Council but has not yet been paid is hereby deemed to be lawfully payable and capable of being collected as if it had always been lawfully payable.

The levying by the Council of the sixth instalment of rates for the year ending with 31 March 1990 in respect of the Borough of Kapiti, as that Borough existed on 31 October 1989, at any time before 28 February 1990 shall be deemed not to be a breach of the provisions of Part 9 of the Rating Powers Act 1988.

(1) Notwithstanding that the Council had no authority to make and levy coastal protection charges as charges pursuant to Part 9 of the Local Government Act 1974, the coastal protection charges made and levied for the years ending with the 31st days of March 1982, 1983, 1984, 1985, 1986, 1987, 1988, and 1989 are hereby validated and declared to have been lawfully made and levied.

(2) All actions of the Council in levying and collecting the coastal protection charges in respect of properties with beach frontages protected by the seawall and in respect of which the full cost of the seawall had not yet been met, and any discounts allowed or additional charges applied in respect of such coastal protection charges are hereby validated and declared to have been lawful.

(3) All money received by the Council in payment of the coastal protection charges is hereby declared to have been lawfully paid and received by it.

(4) Such part of the coastal protection charges as has not yet been paid to the Council is hereby declared to be lawfully payable and capable of being collected by the Council as if the coastal protection charges had always been lawfully payable.

(5) Nothing in this section shall affect the rights of the Council or of any other person under any agreements entered into for the payment of contributions to the capital cost of the seawall:

provided only that no further provision shall be made by way of rating by the Council for the recovery of any amounts outstanding under such agreements.

(6) Nothing in this section shall affect the validity of any special rate deemed to have been made by the Council under the Local Authorities Loans Act 1956.

(1) The Council is hereby declared to have and always to have had power to prepare a farm-land roll in accordance with section 120 of the Rating Act 1967, notwithstanding the repeal of that Act by the Rating Powers Act 1988.

(2) Any farm-land roll prepared under the authority of subsection (1) shall be deemed for all purposes to have come into force on 1 April 1988, and the provisions of section 169 of the Rating Powers Act 1988 shall apply as if the roll was in force at the commencement of that Act.

(3) Where any property having a rates postponement value determined under section 25A of the Valuation of Land Act 1951 (as amended by section 11 of the Valuation of Land Amendment Act 1988) is included in any farm-land roll prepared under the authority of subsection (1) of this section and deposited for inspection in terms of section 121 of the Rating Act 1967, the provisions of Part 10 of the Rating Powers Act 1988 (with the exception of section 169) shall not apply to that property for so long as the farm-land roll is in force unless, within the period allowed under section 122 of the Rating Act 1967 for the making of objections, the occupier gives written notice under the hand of the occupier, or of the occupier's solicitor or duly authorised agent, lodged at the office of the Council that the occupier does not wish the property to be included on the farm-land roll.

(4) On the expiry of the period allowed for objections under section 122 of the Rating Act 1967, any property in respect of which notice has been given in terms of subsection (3) of this section shall forthwith and without further formality be removed from the farm-land roll and the provisions of Part 6 of the Rating Act 1967 shall be deemed not to apply in respect of the property.