Marlborough County Council Empowering Amendment Act 1980
Marlborough County Council Empowering Amendment Act 1980
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Marlborough County Council Empowering Amendment Act 1980
Marlborough County Council Empowering Amendment Act 1980
Local Act |
1980 No 2 |
|
Date of assent |
5 November 1980 |
|
Contents
An Act to amend the administrative rating provisions of the Marlborough County Council Empowering Act 1965 in portions of the Sounds Division within the County of Marlborough, and to empower the County to make and levy a uniform general charge within the affected area
WHEREAS the Marlborough County Council Empowering Act 1965 empowered the Marlborough County Council to levy an administrative rate within those portions of the Marlborough Sounds area known as the administrative rating area defined in the Act, subject to the proviso that the amount of the administrative rate in the dollar of rateable value made and levied in each rating year was not to exceed an amount equal to ten percent of the general rate made and levied in the dollar of rateable value on all other areas in the Sounds Division of the County: And whereas circumstances have so changed since the date of the passing of that legislation as to make it reasonable that a uniform general charge should be made and levied in addition to the restricted rate in the administrative rating area: And whereas it is also desirable that the Council should have power to extend the boundaries of the administrative rating area to areas with contiguous boundaries to existing administrative rating area boundaries:
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 Marlborough County Council Empowering Amendment Act 1980, and shall be read together with and form part of the Marlborough County Council Empowering Act 1965 (hereinafter referred to as the principal Act).
2 Interpretation
(1)
Section 2 of the principal Act is hereby amended by repealing the definition of the term “administrative rating area”
, and substituting the following definition:
“‘Administrative rating area’ means that portion of the Sounds Division of the County in which an administrative rate was made and levied in the year ended with the 31st day of March 1980 by the Council pursuant to this Act; and includes those areas subsequently included in the administrative rating area pursuant to section 3(c) of this Act:”.
(2)
The said section 2 is hereby further amended by inserting, after the definition of the term “rateable property”
, the following definition:
“‘Separately rateable property’ means any property in the district which is shown as rateable land in a valuation assessment issued under the Valuation of Land Act 1951:”.
3 Power to extend administrative rating area
Section 3 of the principal Act is hereby amended by repealing paragraph (c), and substituting the following paragraph:
“(c)
The Council shall have power at any time by special order to declare that any administrative rating area shall be—
“(i)
Extended by including any area contiguous to its boundaries as they exist at the time of making the special order:
“(ii)
Varied in any manner:
“(iii)
Wholly or partially revoked:
“Provided that no administrative rating area shall be extended, varied, or revoked, either wholly or in part, without the Council first considering the needs of the ratepayers within the area to be included, varied, or revoked, either wholly or in part, and the benefits accruing, or likely to accrue, to such area from works carried out, or to be carried out, by the Council:
“Provided also that where the Council so declares by special order an extension, variation, or revocation of any administrative rating area, either wholly or in part, such extension, variation, or revocation shall have effect on and after the 1st day of April next following the passing of the special order.”
4 New sections added
The principal Act is hereby further amended by adding the following sections:
“4 Power to make uniform general charge
“(1)
Notwithstanding anything contained in any other Act, the Council may by resolution make and levy a uniform general charge in each year on every separately rateable property within the administrative rating area of an amount not exceeding $25.
“(2)
The uniform general charge shall for all purposes be deemed to be a rate and shall be recoverable as such.
“5 Power to make uniform general charge not to limit other powers
“(1)
The exercise by the Council of the powers contained in section 4 of this Act shall not derogate from any other powers that the Council may have to make and levy any other rates or charges.
“(2)
For the purposes of section 136(1) of the Local Government Act 1974, the uniform general charge shall be deemed to be part of the general rate and the sum of the uniform general charge and the general rate levied within the administrative rating area shall not exceed in any one year 1.25 cents in the dollar on the capital value or its equivalent on the land value for that area.”
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Versions
Marlborough County Council Empowering Amendment Act 1980
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