Hauraki Plains County Council Empowering (Kerepehi Sewerage Works) Act 1975
Hauraki Plains County Council Empowering (Kerepehi Sewerage Works) Act 1975
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Hauraki Plains County Council Empowering (Kerepehi Sewerage Works) Act 1975
Version as at 17 February 2024

Hauraki Plains County Council Empowering (Kerepehi Sewerage Works) Act 1975
Local Act |
1975 No 13 |
|
Date of assent |
3 October 1975 |
|
Commencement |
3 October 1975 |
Hauraki Plains County Council Empowering (Kerepehi Sewerage Works) Act 1975: repealed, on 17 February 2024, by section 11 of the Water Services Acts Repeal Act 2024 (2024 No 2).
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
Contents
An Act to empower the Hauraki Plains County Council to make and levy a capital charge on certain property within the Hauraki Plains County
Preamble
Whereas the Hauraki Plains County Council proposes to raise a loan for the purpose of installing and maintaining sewerage works at Kerepehi:
And whereas it is expedient and desirable that the Hauraki Plains County Council be empowered to make and levy a capital charge to meet part of the costs of the said sewerage works.
1 Short Title
This Act may be cited as the Hauraki Plains County Council Empowering (Kerepehi Sewerage Works) Act 1975.
2 Hauraki Plains County Council authorised to levy capital charge
(1)
The Hauraki Plains County Council may make and levy a capital charge not exceeding $525 on every owner of rateable property within the area defined in the Schedule, the proceeds of which shall be expended for the purposes of the installation, maintenance, and extension of sewerage works at Kerepehi or for the payment of annual charges on any loans raised in connection with such sewerage works.
(2)
Where any such rateable property comprises 1 or more allotments each of which are capable of being connected (either directly or through a private drain) to the Kerepehi sewerage system, the Council may make and levy the charge specified in subsection (1) in respect of each such allotment.
(3)
The Council and the owner may agree that the amount of any such charge shall be payable in one amount at a fixed time, or by instalments extending over a number of years. That agreement may contain any incidental provisions and may provide for the earlier payment of instalments, or any of them, on terms to be set out in the agreement.
(4)
That agreement may, where the charge is payable in one amount, contain provisions for securing the payment thereof. If the charge is payable by instalments, each such instalment shall for all purposes be deemed to be a rate and shall be recoverable as rates are recoverable under the Local Government (Rating) Act 2002, and the provisions of that Act as to the recovery of rates shall, with the necessary modifications and except to the extent that they are inconsistent with this Act, apply accordingly, subject to the following conditions:
(a)
the owner for the time being of the rateable property in question shall in all cases be deemed to be the person primarily liable for payment:
(b)
a separate record shall be kept by the Council, in which particulars of the amount of the charge and of any instalments agreed upon and the dates for payment thereof, and of the names of persons paying the same, shall be entered; and that record shall be prima facie evidence of the correctness of its contents.
Section 2(4): amended, on 1 July 2003, pursuant to section 138(1) of the Local Government Rating Act 2002 (2002 No 6).
Schedule Kerepehi: Special rating area
All that area in the South Auckland District, Hauraki Plains County, being part Kerepehi Township and Part Block VI Waihou Survey District, containing 39 hectares more or less, bounded by a line commencing at the centre point of the street intersection on the Kerepehi-Turua Road fronting part 7B6C, Tiritiri Block, and proceeding northwards along the centre line of the street to a point opposite the production, westwards, of the northern boundary of 7B6D3B2B2; thence eastwards along the northern boundaries of 7B6D3B2B2, 7B6D3B2A, 7B6D3B2B1 (Maori Reserve) and 7B6A to its northernmost corner; thence southwards along the eastern boundary of 7B6A to its junction with 7B6A (School Site) and eastwards along the northern boundary of that section and its production to the centre line of the street; thence southwards along the street centre line to a point opposite the production westwards of the northern boundary of Lot 3, DPS 14714; then eastwards along the northern boundary of the said Lot 3, and southwards along the eastern boundaries of Lots 3, 2, and 1, DPS 14714; thence westwards along the southern boundary of Lot 1, DPS 14714 to its intersection with the street; thence southwards along the western boundaries of 2A1B2B and Lot 1, DP 27388; thence eastwards along the northern boundaries of Sections 1, 2, 3, 4, (Rimu Street), 8, 9, (Kaikahu Road) and 20, all on SO (Plan) 20984; thence southwards along the eastern boundaries of Sections 20, 21 and 22, SO 20984; thence eastwards on a line bearing 71°49′15″ to the eastern boundary of section 29, SO 20984; thence southwards along the eastern boundary of that same Section 29, SO 20984 and its production to the centre line of the Kerepehi-Turua Road; thence westwards along the centre line of that road to its point of intersection with the production, northwards, of the eastern boundary of Section 10, Block VII, SO (Plan) 18400; thence southwards to the north-east corner of the said Section 10 and along the eastern boundary of that Section 10 for a distance of 161 metres; thence westwards along a bearing of 252°09′30″ for a distance of 60 metres; thence southwards along a bearing of 162°09′30″ to the southern boundary of Section 10 aforesaid; thence westwards along the southern boundaries of the said Section 10, and Section 9 (both shown on SO 18400), and the production of that line to the centre line of Kaikahu Road; thence northwards along the centre line of Kaikahu Road to a point opposite the production, westwards, of the northern boundary of Section 7, Block VII, SO 18400; thence westwards along a line bearing 252°09′30″, through sections 6, 5, 4, and 3, Block VI, SO 18400, to the western boundary of the last mentioned Section 3; thence northwards along its western boundary and the production of that boundary to the centre line of Miro Street; thence westwards along the centre line of that street to the midpoint of its intersection with Rimu Street; thence northwards along the centre line of Rimu Street to a point opposite the southern boundary of Section 18, Block II, SO 18400, and along the southern and western boundaries of the said Section 18 and also the western boundary of Lot 16, Block II, SO 18400; thence along the southern boundary of Section 13, Block II, SO 18400 and its production to the centre line of Rata Street; thence north along the centre line of Rata Street to a point opposite the southern boundary of Section 8, Block I, SO 18400 and westwards along its southern boundary; thence northwards along the western boundaries of Sections 8, 7, 6, and 5, Block I, SO 18400, and the production of that line to the southern boundary of Section 111, SO (Plan) 45380; thence westwards along its southern boundary and the southern boundaries of Lots 4, 3, 2, and 1, DP 20027, Lots 1 and 3, DP 18537, Lots 1 and 2, DPS 7988, and Lot 1, DPS 14715, and westwards 9.84 metres to the boundary intersection; thence northwards along a bearing of 352°46′40″ to the centre line of the Kerepehi-Turua Road; thence westwards along the centre line of that road to the point of commencement.
Notes
1 General
This is a consolidation of the Hauraki Plains County Council Empowering (Kerepehi Sewerage Works) Act 1975 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Water Services Acts Repeal Act 2024 (2024 No 2): section 11
Local Government (Rating) Act 2002 (2002 No 6): section 138(1)
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Hauraki Plains County Council Empowering (Kerepehi Sewerage Works) Act 1975
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