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

  • Corrections have been made to clause 6(4) and (5) on 13 April 2017 under section 25(1)(k) of the Legislation Act 2012.

2006/209

Coat of Arms of New Zealand

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

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 31st day of July 2006

Present:
Her Excellency the Governor-General in Council

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.

This order is administered by the Department of Internal Affairs.