Hamilton City Council (Rates Relief Validation) Act 1985
Hamilton City Council (Rates Relief Validation) Act 1985
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Hamilton City Council (Rates Relief Validation) Act 1985
Hamilton City Council (Rates Relief Validation) Act 1985
Local Act |
1985 No 7 |
|
Date of assent |
14 December 1985 |
|
Contents
An Act to provide for the writing off of certain rates and to validate certain previous postponements of rates
WHEREAS by resolutions of the Hamilton City Council dated the 14th day of March 1979, the 13th day of February 1980, the 11th day of November 1980, the 11th day of November 1981, the 14th day of July 1982, the 8th day of February 1984, and the 12th day of September 1984, being the resolutions first to seventhly set out in the First Schedule to this Act, the Hamilton City Council (in this Act referred to as the Council) resolved to grant postponements of rates on properties in the new city areas of its district (being the land described in the First and Second Schedules to the Order in Council headed Alteration of Boundaries—City of Hamilton and Counties of Waikato and Waipa, published in Gazette, 1977, Volume III, at page 2923): And whereas the Council subsequently postponed in part the payment of rates on certain properties in the said new city areas in accordance with those resolutions: And whereas the Council had no power to make the resolutions or grant the postponements of rates: And whereas, in addition, by resolution dated the 14th day of August 1985, being the resolution eighthly set out in the said First Schedule, the Council postponed part of the rates due and payable in respect of land occupied by the New Zealand Co-operative Dairy Company Limited (being the land described in the Second Schedule to this Act) which is not within the said new city areas: And whereas the Council had no power to grant that postponement of rates: And whereas it is desirable that the resolutions and the said postponements of rates be validated:
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 Hamilton City Council (Rates Relief Validation) Act 1985.
2 Validation
(1)
The resolutions set out in the First Schedule to this Act are hereby validated and declared to have been lawfully made.
(2)
The postponements of rates granted by the said resolutions are hereby validated and declared to have been lawfully granted.
3 Postponed rates written off
(1)
Subject to subsection (2) of this section, where—
(a)
The Council has postponed a portion of any rates; and
(b)
That postponement is validated by section 2 of this Act; and
(c)
The postponed portion has not been paid to the Council—
the postponed portion, on the expiry of the period of postponement or on the commencement of this Act, whichever is the later, shall no longer be payable and shall be written off.
(2)
If any occupier, within the meaning of the Rating Act 1967, of any property to which this section applies was the occupier of that property on the commencement of this Act and ceases to be such occupier on or before the 31st day of March 1986, any postponed portion of rates relating to the rating year ended with the 31st day of March 1984 shall become due and payable to the Council on the date on which the cessation of occupation occurred.
4 Expiry of Act
This Act shall expire on the 1st day of April 1986 and on that date shall be deemed to have been repealed.
SCHEDULES
FIRST SCHEDULE Resolutions Validated
1.
Resolution dated 14 March 1979
That as the Council has as yet taken no action to reconsider or remove the rural zoning of the land which is now included in the urban district and it is satisfied that due to the automatic retention of such a zoning a hardship exists, accordingly on the application of any occupier of such property the Council will postpone payment on that part of the 1978/79 rates due and payable thereon equivalent to one-third of the general rate, in each case until 20 March 1982.
2.
Resolution dated 13 February 1980
That as the Council has not yet completed action to remove the rural zoning over the lands included in the City for the first time following the 1977 City boundary adjustments, and is satisfied that automatic retention of such a zoning could cause hardship, accordingly, upon written application being received from any occupier of such property, one-third of the general rates due and payable for the financial year 1979/80 by such properties be postponed as follows:
(a)
In the case of those properties which have been the subject of a change to the district scheme (e.g. the peripheral areas) until 31 March 1982:
(b)
In the case of other such properties until 31 March 1983.
3.
Resolution dated 11 November 1980
That subject to the exclusions of properties no longer affected by zoning restrictions, Council approve postponement of rates for the 1980/81 financial year upon receipt of written applications.
That Council’s policy on rates relief by postponement be amended to exclude those properties listed on the urban farm-land roll.
That those ratepayers within the Rotokauri Growth Cell and whose properties are not listed in the urban farm-land roll, because of the possible long retention of current zoning restrictions and who thus have a higher level of hardship than the other new City ratepayers, that accordingly on the application of any occupier of such property the Council will postpone payment of that part of the 1978/79, 1979/80 and 1980/81 rates due and payable thereon equivalent to 75% of the general rate, in each case, until the current zoning restrictions are lifted.
4.
Resolution dated 11 November 1981
That general rates previously postponed to specified dates in March 1982 be collected on the dates so specified (except for those properties in the Dulverton and Rotokauri Growth Cells).
That in order to provide for a period for the provision of services and development, all properties that became effectively zoned between 1 April 1980 and 31 March 1981 be granted 2 years, i.e., until 31 March 1983, to pay the one-third general rates previously postponed.
That those properties within the Dulverton Growth Cell and whose occupiers are not listed on the urban farm-land roll be granted a further postponement of a third of their general rates for 1981/82. Such postponements, together with previous postponements granted, to be payable on 31 March 1984.
That those properties within the Rotokauri Growth Cell and whose occupiers are not listed on the urban farm-land roll be granted a further postponement of three-quarters of their general rates for 1981/82. Such postponements, together with previous postponements granted, to be payable on 31 March 1984.
5.
Resolution dated 14 July 1982
That those properties within the Dulverton Growth Cell and whose occupiers are not listed on the urban farm-land roll be granted a further postponement of a third of their general rates for 1982/83 and that such postponement become payable on 31 March 1985.
That those properties within the Rotokauri Growth Cell and whose occupiers are not listed on the urban farm-land roll be granted a further postponement of three-quarters of their general rates for 1982/83 and that such postponements become payable on 31 March 1985.
6.
Resolution dated 8 February 1984
That those properties within the Dulverton Growth Cell and whose occupiers are not listed on the farm-land roll be granted a further postponement of a third of their general rates for 1983/84. Such postponements, together with previous postponements granted, to become payable on 31 March 1986.
That those properties within the Rotokauri Growth Cell and whose occupiers are not listed on the farm-land roll be granted a further postponement of three-quarters of their general rates for 1983/84. Such postponements, together with previous postponements granted, to become payable on 31 March 1986.
7.
Resolution dated 12 September 1984
That those properties within the Dulverton Growth Cell and whose occupiers are not listed on the farm-land roll be granted a further postponement of one-third of the general rate for 1984/85. Such postponement, together with previous postponements granted, to become payable on 31 March 1986.
That those properties within the Rotokauri Growth Cell and whose occupiers are not listed on the farm-land roll be granted a further postponement of three-quarters of the general rate for 1984/85. Such postponement, together with previous postponements granted, to become payable on 31 March 1986.
8.
Resolution dated 14 August 1985
That the Council approves that the 11.8815 hectares, more or less, which was in the old city boundary of 1977 and used for grazing by the New Zealand Co-operative Dairy Company Limited be included in the Rotokauri Growth Cell for all matters of postponement and writing off of rates.
SECOND SCHEDULE South Auckland Land Registration District—City of Hamilton
All that piece of land containing 11.8815 hectares, more or less, being part D.P. 3396, Lot 1, D.P.S. 11484, and part Allotment 49, being those parts west of Avalon Drive.
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Versions
Hamilton City Council (Rates Relief Validation) Act 1985
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