[As REPORTED FROM THE LOCAL BILLS COMMITTEE] House of Representatives, 6 October 1981. Words struck out are shown in italics within bold round brackets, or with black rule at beginning and after last line; words inserted are shown in roman underlined with a double rule, or with double rule before first line and after last line.

MT East

ROTORUA DISTRICT (RATES VALIDATION) [LocAL]

ANALYSIS

1. Short Title Title 2. Validation of Rates Preamble Schedule

A BILL INTITULED

An Act to provide for the validation of the rates of the District Council for the year ended 31 March 1981

5 WHEREAS at a duly notified meeting, held on the 5th day of June 1980, the Rotorua District Council (in this Act referred to as the Council) resolved to make and levy (the} rates and fees (set forth in the Schedule to this Act) in respect of the year that ended on the 3 lst day of March 1981: And whereas 10 that resolution followed consideration by the Council of its annual estimates and was properly a resolution of the Council's intention to make and levy such rates: And whereas in accord- ance with section 52 of the Rating Act 1967 the Council's intention to make and levy such rates was duly publicly 15 advertised and notice was given of the Council's intention to make and levy those rates at the meeting of the Council to be held on the 24th day of June 1980: And whereas the minutes of the Council meeting of the 5th day of June 1980 (which included the resolution set forth in the Schedule hereto), were 20 confirmed at the meeting of the Council on the 24th day of June 1980, but no resolution was passed at that or any sub- sequent meeting of the Council making and levying the said rate: And whereas the Council proceeded to levy and collect the said rates: And whereas doubt has arisen as to the validity

No. 72-2 Price 40c 2 Rotorua District (Rates Validation) and legality of the said rates and as to whether or not they were made and levied: And whereas it is desirable that the making, levying, and collection of the said rates be validated: Struck Out I W And whereas doubts have arisen as to the lawfulness of the 5 water rates for all supplies except Rotoiti, Mihi, and metered supplies, and of the refuse service charge, and it is desirable that those rates be validated and that no person be concerned to inquire as to the validity of any of the other rates set forth in the Schedule to this Act: 10

BE IT THEREFORE ENACTED by the General Assembly of in Parliament assembled, and by the authority of the same, as follows:

1. Short Title-This Act may be cited as the Rotorua District (Rates Validation) Act 1981. 15

Struck Out . m 2. Validation of Rates-Notwithstanding anything in any other Act- ( a) The rates set forth in the Schedule to this Act shall for all purposes be deemed to have been validly made by 20 the Rotorua District Council on the 24th day of June 1980 for the year ended with the 31st day of March 1981, and each and every such rate is hereby validated and declared to have been law- fully made: 25 (b) All actions of the Council in levying and collecting the said rates are hereby validated and declared to have been lawful: (c) All money received by the Council in payment of the said rates is hereby declared to have been lawfully 30 paid to and received by it: ( d) Such part of the said rates as has not yet been paid to the Council is hereby declared lawfully payable and capable of being collected as if it had always been lawfully payable. 35 I New

11 11 2. Validation of rates-( 1) The rates specified in the resolution of the Council passed at its meeting held on the 5th day of June 1980 are hereby validated and declared to 1 11 Rotorua Dist+rict (Rates Validation) 3

New

1l have been lawfully made, in respect of the year ended with the 31st day of March 1981, to the extent that they would have been valid if- 5 (a) At the meeting held on the 5th day of June 1980 the Council had passed a resolution of its intention to make and levy the said rates: (b) Public notice of that intention had been duly given in accordance with section 51 of the Rating Act 1967: 10 (c) At the meeting held on the 24th day of June 1980 the Council had passed a resolution making and levying the said rates under section 53 of the Rating Act 1967. ( 2) All actions of the Council in levying and collecting 15 the rates validated by subsection (1), of this section are hereby validated and declared to have been lawful. ( 3) All money received by the Council in payment of the rates so validated is hereby declared to have been lawfully paid to and received by it. 20 (4) Such part of the rates so validated as has not yet been paid shall be lawfully payable to the Council. 11 1

Struck Out

SCHEDULE

RATES-1980-81 (20 Making and leuying rates for the year ending 31 March 1981 That in pursuance and exercise of the powers conferred on it by sections 136, 143, 147, 158, 162, 163, and 174 of the Local Government Amendment Act (No. 3) 1977 and all the powers and authorities it thereunto enabling, the Rotorua District Council makes and levys the following rates and fees, that is to say:

RATES (i) Rural Division A General Rate of one decimal one one nine cents (1.119c) in the dollar ($) on the basis of the land value of all rateable property in the Rural Division of the Rotorua District being the , Rotoiti, Rotomahana, Reporoa, , and Wards of the said District Council as defined in the 4th, 5th, 6th, 7th, 8th, and 9th Schedules to the Rotorua District Constitution Order 1979. I I 4 Rotorua District (Rates Validation)

Struck Out

SCHEDULE-continued

(ii) Urban Division (a) The Differential Rating Area, as defined in the Special Order passed by the District Council on the 22nd May 1979, being that part of the Rotorua Ward of the Rotorua District Council being the whole of the area formerly comprising the City of Rotorua. A General Rate of two decimal five zero two cents (2.502c) in the dollar ($) on the basis of the land value of all rateable property in the said differential rating area. (b) Urban Division (with exception of the differential rating area) A General Rate of one decimal seven four nine cents (1.749c) in the dollar ($) on the basis of the land value of all rateable property in the Rotorua Central and Ngongotaha Wards of the said District Council as defined in the lst, 2nd, and 3rd Schedules to the Rotorua District Constitution Order 1979 with the exception of all those properties in the Central Ward within the boundaries of the Differential Rating area.

(iii) Water and other separate rates and charges in detail 1980-81 Ngongotaha water rates (including ) That the Ngongotaha water charges be fixed as follows: Ordinary rates-minimum $7.50 per half year, 10,000 gallons Over 10,000 gallons per half year, 75c per 1,000 gallons Metric: 16.5 cents per 1,000 litres. Extraordinary rates-minimum $22.50 per half year, 50,000 gallons Over 50,000 gallons per half year, 40c per 1,000 gallons Metric: $22.50 per 228,000 litres; 8.8 cents per 1,000 litres. Extra Territorial Users: Ordinary: minimum $8.50 per half year, 10,000 gallons Over 10,000 gallons, 85c per 1,000 gallons Metric: 18.5c per 1,000 litres. Extraordinary: Minimum $30.00 per half year, 50,000 gallons Over 50,000 gallons, 45c per 1,000 gallons Metric: $30.00 per 228,000 litres; 9.8c per 1,000 litres.

Western Area Water Supply That the water charges be fixed as follows: Ordinary domestic and commercial supplies: Water by meter- 75 cents per 1,000 gallons, minimum charge $7.50 per 10,000 gallons per half year. Metric: 16.5 cents per 1,000 litres.

Reporoa Water Supply-Rural Consumers That the Reporoa Rural Water Supply Charges be fixed as 12 cents per 1,000 gallons. Metric: 2.64 cents per 1,000 litres.

Ret'oroa Domestic Supplies That the Reporoa Domestic water supply charges be fixed as follows: Ordinary domestic and commercial supplies: Water by meter- 40 cents per 1,000 gallons, minimum charge $4.00 per 10,000 gallons per half year. Metric: 8.8 cents per 1,000 litres. Rotorua District (Rates Validation) 5

Struck Out 1 SCHEDULE-continued

Eastern Area Water Supply That the Eastern area water supply charges be fixed as follows: Ordinary domestic and commercial supplies: Water by meter- 60 cents per 1,000 gallons, minimum charge $6.00 per 10,000 gallons per half year. Over 10,000 gallons per half year, 80 cents per 1,000 gallons. Metric: 13.2 cents per 1,000 litres, minimum 46,000 litres $6.00 per half year. Excess 17.6 cents per 1,000 litres. Extraordinary supplies: 60 cents per 1,000 gallons, minimum 50,000 gallons, $30 per half year. In excess of 50,000 gallons, 30 cents per 1,000 gallons. Metric: 13.2 cents per 1,000 litres, minimum 228,000 litres, $30.00 per half year. Excess 6.6 cents per 1,000 litres.

Whirinaki Water Supply-Rural Consumers That the water charges for the Whirinaki Rural Water Supply be fixed as $1.12 per 1,000 gallons. Metric: 24.8 cents per 1,000 litres.

Rotoiti Water Supply That the Rotoiti Water Supply charges be fixed at: Consumers: uniform annual charge $50.00. Non-consumers: uniform annual charge $25.00. Extraordinary supplies: 30 cents per 1,000 gallons. Minimum of $30 per half year for 50,000 gallons.

Miki No. 2 Water Supply That the Mihi No. 2 Water Supply charges be fixed as $2.93 per acre ($7.24 per hectare).

WATER RATES

All supplies except Rotoiti, Mihi, and metered supplies. A water rate on all land and buildings separately occupied as dwelling houses, etc. A Water Rate- (a) On all lands and buildings separately occupied as dwelling houses to which water is supplied of thirty-four dollars ($34) per annum: (b) On all lands and buildings separately occupied as stores or warehouses or for any purpose other than as dwelling houses, of seventeen dollars ($17) per annum: (c) On all lands and buildings to which water can be but is not supplied within one hundred metres of any part of the waterworks of seventeen dollars ($17) per annum.

Central Urban (Ex City) Area Bulk supplies by meter, 55 cents per 1,000 gallons. Metric: 12.1 cents per 1,000 litres. 1 1 6 Rotorua District (Rates Validation)

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SCHEDULE-continued

Extra Territorial Users, 75 cents per 1,000 gallons, minimum charge $7.50 per 1,000 gallons per half year. Metric: 16.5 cents per 1,000 litres. (iv) Reporoa Drainage District Rates Pursuant to the provisions of the Rating Act 1967, the Land Drainage Act 1908, the Counties Act 1956 and Reporoa Drainage Board Empowering Act 1947, and the Order in Council conferring the func- tions of the Reporoa Drainage Board on the Rotorua County Council, the following rates be made: On all lands classed 'A'-two decimal four zero dollars ( $2.40) per hectare On all lands classed 'B' one decimal seven zero dollars ($1.70) per hectare On all lands classed 'C'-one decimal two zero dollars ($1.20) per hectare On all lands classed 'E' two decimal four zero dollars ( $2.40) per hectare On all lands classed 'F' decimal seven four cents (0.74c) per hectare (v) Refuse Service Charge (a) That a charge of $24 per annum for each weekly removal in respect of each household unit or building used for stores, warehouses or for any purposes other than a dwellinghouse. (b) A charge of $48 per annum for each twice weekly removal in respect of each household unit or building used for stores, warehouses or for any purpose other than a dwellinghouse. (vi) Sewerage

Uniform Annual Charge That in respect of each water closet or urinal (as defined in the Local Government Act 1977, section 162) connected either directly or through a private drain to a public sewerage drain there be a uniform annual charge of twenty four dollars ($24) and further that in respect of any rateable property situated within 30 metres of a public sewerage drain to which it is capable of being effectively connected either directly or through a private drain, but the property is not connected, either directly or through a private drain, there be an annual charge on or in respect of that property of twelve dollars ($12) per annum. (vii) Discount The abovementioned rates be for the period commencing on the 1st day of April 1980 and ending on the 31st day of March 1981. The aforesaid rates be due and payable in one sum at the offices of the Council, Arawa Street, Rotorua, on the 25th day of August 1980. That pursuant to section 70 of the Rating Act 1967 a reba.te of 5 percent on the Consolidated Rate be allowed on all Consolidated Rates paid on or before the 25th day of September 1980. 10 Percent Penalty on Rates for Year Ending 31 st March 1981 That in pursuance and exercise of the powers conferred on it by section 71 of the Rating Act 1967 an additional charge of ten per centum be added to all rates for the year ending 3lst March 1981 remaining unpaid after 25th February 1981. 1 1

WELLINGTON, NEW ZEALAND: Printed under the authority of the New Zealand Government by P. D. HASSELBERG, Government Printer-1981