Southland District Council (Stewart Island/Rakiura Visitor Levy) Empowering Act 2012

4  Interpretation

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

  activity has the meaning given in section 5(1) of the Local Government Act 2002

  approved operator means a person who owns or operates or is otherwise in control of a transport vessel and who enters into a contract with the Council—

  • (a) relating to the provision of a service to carry to or from the Island passengers who, but for the contract, would be visitors to the Island; and

  • (b) providing for revenue to be collected from the passengers; and

  • (c) that has the effect of bringing passengers carried by the operator within the definition of an excluded visitor; and

  • (d) including any other terms and conditions that may be agreed from time to time by the approved operator and the Council

  Council means the Southland District Council

  excluded visitor means a person who is not to be treated as a visitor because the person—

  • (a) travels to the Island under a contract of carriage with an approved operator; or

  • (b) is the owner or is otherwise in control of a transport vessel or is employed, or under contract, to work on a transport vessel; or

  • (c) is one whose visit is entirely within the boundaries of the Rakiura National Park; or

  • (d) is visiting the Island for a continuous period of 21 days or more; or

  • (e) is a person under the age of 18 years on the date of arrival on the Island

  GST means goods and services tax chargeable under the Goods and Services Act 1985

  Island means Stewart Island/Rakiura

  levy means the sum of money (inclusive of GST) collected under bylaws made under this Act from persons who are visitors to the Island

  revenue means revenue (inclusive of GST) collected from excluded visitors, in place of any levy imposed by bylaws made under this Act, by an approved operator in accordance with a contract entered into for the purpose with the Council

  transport vessel—

  • (a) means a ship, aircraft, or other vessel carrying passengers to or from the Island, whether or not—

    • (i) there is a charge for any or all of those passengers; or

    • (ii) any charge is part of a tourist package; or

    • (iii) the vessel is operated commercially; or

    • (iv) the vessel is used for freight as well as passengers; and

  • (b) includes—

    • (i) a regular ferry or air service to the Island; and

    • (ii) a cruise ship whose passengers disembark to land on the Island

  visitor means any person who—

  • (a) travels to or from the Island, whether for a single day or for any continuous period of less than 21 days, by any transport vessel; but

  • (b) is not a person who,—

    • (i) for the purposes of the Local Government (Rating) Act 2002, is a ratepayer in respect of a rating unit on the Island; or

    • (ii) is a resident of the Island by virtue of being a resident for electoral residency purposes under section 23 of the Local Electoral Act 2001; or

    • (iii) is a tenant of a rating unit for the purposes of the Residential Tenancies Act 1986; or

    • (iv) is the spouse, civil union partner, de facto partner, or dependant of a ratepayer or tenant; or

    • (v) is a beneficiary of the Rakiura Māori Land Trust or who has an ownership interest in a Māori land block on the Island; or

    • (vi) is an excluded visitor.