Pursuant to section 5(1) of the Local Government (Auckland Transitional Provisions) Act 2010, His Excellency the Governor-General makes the following regulations acting—

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

(b) on the recommendation of the Minister of Local Government.

1 Title

2 Commencement

3 Revocation

4 Interpretation

5 Section 33 of Act modified during specified period

6 Section 34 of Act modified during specified period

Regulations

1 Title

These regulations are the Local Government (Auckland Transitional Provisions) Rating Regulations 2011.

2 Commencement

These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Revocation

These regulations are revoked on the close of 30 June 2012.

4 Interpretation

In these regulations,—

Act means the Local Government (Auckland Transitional Provisions) Act 2010

specified period means the period beginning on the day that these regulations come into force and ending on the close of 30 June 2012.

5 Section 33 of Act modified during specified period

(1) For the specified period, section 33 of the Act must be read as if it were modified in the manner set out in the rest of this regulation.

(2) Subsection (2)(a) is modified by omitting “(within the meaning of section 40 of this Act)”.

(3) Subsection (2)(b) is modified by replacing “any other rating unit (a changed rating unit)” with “a changed rating unit”.

(4) Subsection (4) is modified by replacing “entered in the database for that unit in” with “recorded in the database for that unit for”.
(5) Subsection (5) is modified by replacing paragraph (b) with the following paragraph:
- “(b) the total rates liability of an unchanged rating unit or a changed rating unit for the 2010/2011 financial year is determined in accordance with the rates set by the relevant local authorities in relation to that year—
  
  “(i) excluding any rates set for water supply or wastewater services; and
  
  “(ii) excluding any provision for goods and services tax.”
(6) The section is modified by inserting the following subsection after subsection (6):
- “(6A) In this section,—
  
  “changed rating unit means a rating unit other than an unchanged rating unit
  
  “unchanged rating unit means a rating unit—
  
  “(a) that existed prior to the reorganisation; and
  
  “(b) in relation to which, the information used to assess the rates liability of the unit for the 2010/2011 financial year (other than information relating solely to the matters excluded by subsection (5)(b)(i) and (ii)) remains unchanged at the close of that financial year.”

6 Section 34 of Act modified during specified period

(1) For the specified period, section 34 of the Act must be read as if it were modified in the manner set out in the rest of this regulation.
(2) The section is modified by replacing subsections (1) and (2) with the following subsections:
- “(1) The Auckland Council must set and assess a wastewater rate for the 2011/2012 financial year—
  
  “(a) for each rating unit within Auckland that is an unchanged rating unit; and
  
  “(b) for each rating unit within Auckland that is a changed rating unit.
- “(2) The rate on each unchanged rating unit must be a uniform percentage variation from the liability of that rating unit for rates set for wastewater services for the 2010/2011 financial year.
- “(2A) The rate on each changed unit must be the same uniform percentage variation from the liability of that rating unit for rates set for wastewater services that the changed rating unit would have had for the 2010/2011 financial year had the information recorded in the rating information database for that unit for the 2011/2012 financial year been recorded in the database for that unit for the 2010/2011 financial year.
- “(2B) For the purposes of subsections (2) and (2A), the liability of an unchanged rating unit or a changed rating unit for rates set for wastewater services for the 2010/2011 financial year is determined by the rates set for wastewater services by the relevant local authorities in relation to that year, excluding any provision for goods and services tax.”
(3) The section is modified by replacing subsection (5) with the following subsection:
- “(5) In this section,—
  
  “changed rating unit means a rating unit other than a changed rating unit
  
  “rating unit within Auckland does not include any rating unit within Auckland that—
  
  “(a) pays for wastewater services by direct charging; or
  
  “(b) does not receive wastewater services from Watercare Services Limited
  
  “unchanged rating unit means a rating unit—
  
  “(a) that existed prior to the reorganisation; and
  
  “(b) in relation to which, the information used to assess the liability of the unit for wastewater rates for the 2010/2011 financial year (other than information relating to any provision for goods and services tax) remains unchanged at the close of that financial year.”

Rebecca Kitteridge,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations are the Local Government (Auckland Transitional Provisions) Rating Regulations 2011. The regulations come into force on the 28th day after the date of their notification in the Gazette and are revoked on the close of 30 June 2012.

The regulations modify, during the period that the regulations are in force, 2 provisions of the Local Government (Auckland Transitional Provisions) Act 2010 (the principal Act) to overcome problems relating to the setting and assessing of rates by the Auckland Council for the 2011/2012 financial year.

Regulation 5 modifies section 33 of the principal Act. This section requires the Auckland Council to set a transition rate for each rating unit within Auckland for the 2011/2012 financial year based on rates set by the local authorities that were previously responsible for local government in the Auckland region. The modifications to this section are twofold. The first is to authorise the Auckland Council to set the rate on a slightly different basis. This is in order to account for—

possible anomalies in the determination of the rate arising from the changes in the rate of goods and services tax on 1 October 2010; and
the unintended consequence of excluding from the determination of the rate the regional council rates on properties within Auckland that were previously subject to rates set by the Waikato Regional Council.

The second is to modify the definition of the terms unchanged rating unit and changed rating unit. Currently, these terms are defined with reference to the definition of unchanged rating unit in section 40 of the principal Act. However, that definition relies on a further definition that is meaningless in the context of section 33. Accordingly, regulation 5(5) inserts self-contained definitions into section 33 that retain the essence of the section 40 definition.

Regulation 6 modifies section 34 of the principal Act. This section requires the Auckland Council to set and assess a wastewater rate for each rating unit within Auckland for the 2011/2012 financial year (excluding rating units that pay for wastewater services by direct charging or receive those services from some body other than Watercare Services Limited).

The modifications to this section are also twofold. The first is to, again, authorise the Auckland Council to set the rate on a slightly different basis in order to account for possible anomalies in the determination of the rate arising from the changes in the rate of goods and services tax on 1 October 2010.

The second modification is to clarify the drafting in current subsection (2) by setting out in full how the uniform percentage variation is assessed, rather than cross-referring to the process under section 33 of the principal Act. For this purpose, self-contained definitions of the terms unchanged rating unit and changed rating unit are also inserted into this section.

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

Date of notification in Gazette: 14 April 2011.

1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)

Notes

1 General

This is a reprint of the Local Government (Auckland Transitional Provisions) Rating Regulations 2011. The reprint incorporates all the amendments to the regulations as at 1 July 2012, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
- •omission of unnecessary referential words (such as “of this section” and “of this Act”)
- •typeface and type size (Times Roman, generally in 11.5 point)
- •layout of provisions, including:
  - •indentation
  - •position of section headings (eg, the number and heading now appear above the section)
- •format of definitions (eg, the defined term now appears in bold type, without quotation marks)
- •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)
- •position of the date of assent (it now appears on the front page of each Act)
- •punctuation (eg, colons are not used after definitions)
- •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
- •case and appearance of letters and words, including:
  - •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
  - •small capital letters in section and subsection references are now capital letters
- •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
- •running heads (the information that appears at the top of each page)
- •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

Local Government (Auckland Transitional Provisions) Rating Regulations 2011 (SR 2011/97): regulation 3

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Local Government (Auckland Transitional Provisions) Rating Regulations 2011