[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 Rotorua 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 New Zealand 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 ($) on the basis of the land value of all rateable property in the Rural Division of the Rotorua District being the Kaharoa, Rotoiti, Rotomahana, Reporoa, Ngakuru, and Mamaku Wards of the said District Council as defined in the 4th, 5th, 6th, 7th, 8th, and 9th Schedules to the Rotorua District Constitution Order 1979. I I 4 Rotorua District (Rates Validation) Struck Out SCHEDULE-continued (ii) Urban Division (a) The Differential Rating Area, as defined in the Special Order passed by the District Council on the 22nd May 1979, being that part of the Rotorua Ward of the Rotorua District Council being the whole of the area formerly comprising the City of Rotorua. A General Rate of two decimal five zero two cents (2.502c) in the dollar ($) 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 Fairy Springs) 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.