Greymouth Harbour Board (Validation of Rates) Act 1991
Greymouth Harbour Board (Validation of Rates) Act 1991
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Greymouth Harbour Board (Validation of Rates) Act 1991
Greymouth Harbour Board (Validation of Rates) Act 1991
Local Act |
1991 No 1 |
|
Date of assent |
4 April 1991 |
|
Contents
An Act to make provision for the validation of certain rates purported to have been made and levied by the Greymouth Harbour Board
WHEREAS the Greymouth Harbour Board (hereinafter referred to as the Board) was, by virtue of section 3(3) of the Greymouth Harbour Board Amendment Act 1920, empowered by section 123 of the Harbours Act 1950 to pass a special resolution, which resolution was required to be confirmed not earlier than 6 clear days after the resolution was passed, directing that a rate be made and levied within the Board’s rating area: And whereas by section 124 of that Act the Board was required to fix the amount in the dollar for such rate and cause a copy of the special resolution to be forwarded to each local authority within the limits of whose jurisdiction the Board’s rating area is situated: And whereas on the 19th day of March 1984 the Board purported to pass and on the 4th day of April 1984 purported to confirm such a special resolution but the High Court has now declared that no valid direction has been given by the Board in terms of section 123 and section 124 of that Act in relation to the financial year commencing on the 1st day of April 1984 and ending with the 31st day of March 1985: And whereas on the 4th day of June 1985 the Board purported to pass and on the 15th day of July 1985 purported to confirm such a special resolution pursuant to section 123 of that Act directing that rates be made and levied for the financial year commencing on the 1st day of April 1985 and ending with the 31st day of March 1986: And whereas there are doubts as to whether the special resolution so passed and confirmed in 1985 is adequate for the purposes of section 123 and section 124 of that Act: And whereas with the exception of the Westland County Council and the Inangahua County Council all other appropriate local authorities have made, levied, and collected the Board’s rates for the financial years in question: And whereas it is desirable to validate the said resolutions and the making, levying, and collection of the said rates, and to make other provisions in relation thereto:
Be it therefore enacted by the Parliament of New Zealand as follows:
1 Short Title
This Act may be cited as the Greymouth Harbour Board (Validation of Rates) Act 1991.
2 Validation of rates
The said special resolutions of the Board dated the 19th day of March 1984 and the 4th day of June 1985 and confirmed on the 4th day of April 1984 and the 15th day of July 1985, respectively, are hereby validated and declared to have been lawfully passed, notwithstanding that the special resolutions were not passed pursuant to section 123 and section 124 of the Harbours Act 1950; and these resolutions shall be deemed to be the resolutions set out in the First and Second Schedules to this Act, respectively.
3 Rates resolutions not to apply in respect of former Inangahua County and former Westland County
Notwithstanding anything in section 2 of this Act or in the resolutions to which that section applies, the said resolutions shall be deemed not to apply, and never to have applied, in respect of any part of the districts over which the former Inangahua County Council and the former Westland County Council had jurisdiction on the 31st day of October 1989.
4 Validation of collection of rates, etc.
(1)
The actions of—
(a)
The former Greymouth Borough Council; and
(b)
The former Hokitika Borough Council; and
(c)
The former Runanga Borough Council; and
(d)
The former Grey County Council—
in making, levying, and collecting rates in accordance with the resolutions referred to in section 2 of this Act, and in paying those rates to the Greymouth Harbour Board, are hereby validated and declared to have been lawful.
(2)
All money received by—
(a)
Any Council referred to in subsection (1) of this section; or
(b)
The Grey District Council; or
(c)
The Buller District Council; or
(d)
The Westland District Council—
in payment of the said rates is hereby declared to have been lawfully paid to and received by it.
(3)
All money received by the Grey District Council (as the successor to the Greymouth Harbour Board) from the Buller District Council or the Westland District Council in payment of the said rates is hereby declared to have been lawfully paid to and received by it.
(4)
Such part of the said rates, including any penalty on any unpaid part of the said rates, as has not yet been paid to any Council referred to in subsection (2) of this section is hereby declared to be lawfully payable to, and capable of being collected by—
(a)
The Grey District Council; or
(b)
The Buller District Council; or
(c)
The Westland District Council—
as the case may require, as if it had always been lawfully payable.
(5)
All money received by the Buller District Council or the Westland District Council in accordance with subsection (4) of this section shall as soon as practicable be paid to the Grey District Council (as the successor to the Greymouth Harbour Board).
5 Validation of failure to comply with Greymouth Harbour Board Amendment Act 1920
(1)
If in any financial year or transitional quarter ending on or before the 30th day of June 1991 the Greymouth Harbour Board or the Grey District Council (as the successor to the Greymouth Harbour Board) failed to comply with section 3(3) of the Greymouth Harbour Board Amendment Act 1920, that failure is hereby validated and declared to have been lawful.
(2)
Section 3(3) of the Greymouth Harbour Board Amendment Act 1920 shall be deemed not to have applied in respect of any financial year or transitional quarter to which subsection (1) of this section applies.
SCHEDULES
FIRST SCHEDULE Special Resolution Regarding Rates for Year Ending 31 March 1985
Section 2
The Greymouth Harbour Board, being empowered by section 3 of the Greymouth Harbour Board Amendment Act 1920, does now hereby direct, pursuant to section 123 of the Harbours Act 1950, that a rate of 0.05 cents in the dollar on the capital value of all rateable property in the Harbour District, or its equivalent on the unimproved value or annual value, be made, levied, and collected on behalf of the Greymouth Harbour Board for the first year commencing on the 1st day of April 1984 and ending with the 31st day of March 1985. Such rates are specifically to be made, levied, and collected by the local authorities within the Harbour District in the following percentages calculated with reference to Part IX of the Rating Act 1967 with the yields specified:
| Local Authority | Equalized Percentage | Rateable Capital Value $ | Yield Required $ |
|---|---|---|---|
| Greymouth Borough Council | 0.05490363 | 80,511,000 | 44,204 |
| Grey County Council | 0.6601721 | 75,347,270 | 49,760 |
| Hokitika Borough Council | 0.04523462 | 45,624,250 | 20,638 |
| Inangahua County Council | 0.04177846 | 42,480,580 | 17,748 |
| Runanga Borough Council | 0.04155468 | 9,375,100 | 3,896 |
| Westland County Council | 0.0419707 | 119,102,240 | 49,988 |
| TOTAL | $186,234 |
SECOND SCHEDULE Special Resolution Regarding Rates for Year Ending 31 March 1986
Section 2
The Greymouth Harbour Board, being empowered by section 3 of the Greymouth Harbour Board Amendment Act 1920, does now hereby direct, pursuant to section 123 of the Harbours Act 1950, that a rate of 0.05 cents in the dollar on the capital value of all rateable property in the Harbour District, or its equivalent on the unimproved value of annual value, be made, levied, and collected on behalf of the Greymouth Harbour Board for the first year commencing on the 1st day of April 1985 and ending with the 31st day of March 1986. Such rates are specifically to be made, levied, and collected by the local authorities within the Harbour District in the following percentages calculated with reference to Part IX of the Rating Act 1967 with the yields specified:
| Local Authority | Equalized Percentage | Rateable Capital Value $ | Yield Required $ |
|---|---|---|---|
| Greymouth Borough Council | 0.0448494 | 117,899,870 | 51,698 |
| Grey County Council | 0.0438695 | 152,873,820 | 67,065 |
| Hokitika Borough Council | 0.0499242 | 46,407,950 | 23,169 |
| Inangahua County Council | 0.0451593 | 42,833,880 | 19,343 |
| Runanga Borough Council | 0.0485191 | 9,393,800 | 4,558 |
| Westland County Council | 0.0453220 | 124,296,440 | 56,335 |
| TOTAL | $222,168 |
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Versions
Greymouth Harbour Board (Validation of Rates) Act 1991
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