Rating Powers (Special Provision for Certain Rates for Educational Establishments) Amendment Act 2001
Rating Powers (Special Provision for Certain Rates for Educational Establishments) Amendment Act 2001
Rating Powers (Special Provision for Certain Rates for Educational Establishments) Amendment Act 2001
Rating Powers (Special Provision for Certain Rates for Educational Establishments) Amendment Act 2001
Public Act |
2001 No 101 |
|
Date of assent |
14 December 2001 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
(1)
This Act is the Rating Powers (Special Provision for Certain Rates for Educational Establishments) Amendment Act 2001.
(2)
In this Act, the Rating Powers Act 1988 is called “the principal Act”
.
2 Commencement
This Act comes into force on 1 July 2002.
3 New Part 2A inserted
The principal Act is amended by inserting, after section 54, the following Part:
“Part 2A “Special provisions applying to educational establishments
“54A Purpose of this Part
The purpose of this Part is to require territorial authorities to determine, in accordance with a graduated formula, the maximum of any sewage disposal rate on separately rateable property occupied for the purposes of educational establishments.
“54B Interpretation
In this Part, unless the context otherwise requires,—
“educational establishment means a school—
“(a)
established as a special school under section 98(1) of the Education Act 1964; or
“(b)
defined as—
“(i)
a state school under section 2(1) of the Education Act 1989; or
“(ii)
an integrated school under section 2(1) of the Private Schools Conditional Integration Act 1975; or
“(iii)
a special institution under section 92(1) of the Education Act 1989; or
“(iv)
an early childhood centre under section 308(1) of the Education Act 1989, but excluding any early childhood centre operated for profit
“sewage disposal rate means any rate or charge deemed to be a rate levied for sewage disposal purposes, and includes a fee or proportionate part of a general or consolidated rate charged for those purposes under section 7(2)
“toilet means a water closet or urinal.
“54C Application
To avoid doubt, section 54D does not apply to any portion of the property that is used for residential purposes.
“54D Charges for sewage disposal for educational establishments
“(1)
Despite anything in sections 4, 5, 7, 16, 20, and 30, and Parts I and II of the First Schedule, this section applies to separately rateable property occupied for the purposes of an educational establishment.
“(2)
If this section applies, the sewage disposal rate in any year may not exceed the amount calculated under subsection (3).
“(3)
The sewage disposal rate is the rate that—
“(a)
would be levied using the same rating mechanisms as are applied to other separately rateable properties within the relevant sewage disposal scheme, less any applicable rebates, divided by the number of toilets as determined in accordance with subsection (4) (the full charge); and
“(b)
reduced in accordance with the following graduated formula:
“(i)
the full charge for each of the first 4 toilets or part thereof:
“(ii)
75% of the full charge for each of the next 6 toilets or part thereof:
“(iii)
50% of the full charge for each toilet after the first 10 toilets.
“(4)
For the purposes of subsection (2), the number of toilets for separately rateable property occupied for the purposes of an educational establishment is 1 toilet for every 20 students and staff or part thereof.
“(5)
For the purposes of subsection (4),—
“(a)
the number of students in an educational establishment is the number of students on its roll on 1 March of the year immediately before the year to which the charge relates; and
“(b)
the number of staff in an educational establishment for which the Ministry of Education determines a teaching entitlement is the number of staff determined by the Ministry of Education based on the roll of students as at 1 March of the year immediately before the year to which the rate relates; and
“(c)
the number of staff in an educational establishment for which the Ministry of Education does not determine a teaching entitlement is the number of staff employed as at 1 March of the year immediately before the year to which the rate relates; and
“(d)
each educational establishment must, by 1 May of the year immediately before the year to which the rate relates, inform its territorial authority (in writing) of the number of students and staff determined in accordance with paragraphs (a) to (c).
“(6)
To avoid doubt, this section applies whether the sewage disposal requirements of educational establishments are met by—
“(a)
a territorial authority that operates its own sewage disposal scheme; or
“(b)
a person contracted to operate the territorial authority’s sewage disposal scheme; or
“(c)
a body corporate that operates the territorial authority’s sewage disposal scheme.
“(7)
A local authority trading enterprise that operates its own sewage disposal scheme or the territorial authority’s sewage disposal scheme may not charge an educational establishment an amount for sewage disposal that is more than a territorial authority may levy for sewage disposal under subsection (2).
“(8)
Nothing in this section requires territorial authorities to levy any sewage disposal rate on any separately rateable property occupied for the purposes of an educational establishment.
“54E Transitional provision
“(1)
Nothing in this Part affects the liability of educational establishments to pay rates made and levied on or before the commencement of this Part.
“(2)
Nothing in this Part applies to rates made and levied in respect of any rating year commencing before 1 July 2002.”
Legislative history
20 May 1999 |
Introduction (Bill 292–1) and first reading |
|
30 June 1999 |
Second reading and referral to Education and Science Committee |
|
11 April 2001 |
Reported from Education and Science Committee (Bill 292–2) |
|
16 May 2001 |
Consideration of report |
|
17 October 2001 |
Committee of the whole House (Bill 292–3) |
|
12 December 2001 |
Third reading |
|
14 December 2001 |
Royal assent |
This Act is administered in the Department of Internal Affairs.