Act Repealed Latest version as at 10 April 1995 (as enacted) | 1995 No 2

Whakatane District Council (Rates Assessment Validation) Act 1995

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Validating rates assessments

Whakatane District Council (Rates Assessment Validation) Act 1995

Local Act		1995 No 2
Date of assent		10 April 1995

	Title

1	Short Title
2	Interpretation
3	Validating rates assessments

An Act to validate the rates assessments of the Whakatane District Council for the year ending with the 30th day of June 1995

WHEREAS—

(a)

The Whakatane District Council, by special order dated the 10th day of April 1991, resolved under section 156 of the Rating Powers Act 1988 to levy and collect its rates in 4 instalments per year at intervals of 3 calendar months:

(b)

By agreement under section 127 of the Rating Powers Act 1988 the Rangitaiki Land Drainage rate is levied and collected by the Whakatane District Council:

(c)

Section 151(5) of the Rating Powers Act 1988 requires the first rates assessment in any year to specify or enable the ratepayer to calculate the total amount of the subsequent instalments of rates to be levied for that year:

(d)

Section 153(b) of the Rating Powers Act 1988 requires that the sum of the rates levied for the rating year shall be apportioned equally or as nearly as possible among the rates assessments issued in respect of the instalment periods:

(e)

The Bay of Plenty Regional Council Rangitaiki Land Drainage rate was not included in the first rates assessment for the ratepayers in the Rangitaiki Land Drainage Area for the 1994/1995 rating year issued by the Whakatane District Council:

(f)

It is desirable that the rates assessments issued by the Whakatane District Council for the year ending with the 30th day of June 1995 be validated:

Be it therefore enacted by the Parliament of New Zealand as follows:

1 Short Title

This Act may be cited as the Whakatane District Council (Rates Assessment Validation) Act 1995.

2 Interpretation

In this Act, unless the context otherwise requires,—

“Assessments” means all rates assessments issued by the Whakatane District Council for the year ending with the 30th day of June 1995 to ratepayers in the Rangitaiki Land Drainage Area:

“Council” means the Whakatane District Council as constituted by clause 100 of the Local Government (Bay of Plenty Region) Reorganisation Order 1989:

“Rates” means all rates levied by the Whakatane District Council for the year ending with the 30th day of June 1995, in respect of rateable properties within the Rangitaiki Land Drainage Area:

“Regional Council” means the Bay of Plenty Regional Council as constituted by clause 9 of the Local Government (Bay of Plenty) Reorganisation Order 1989.

3 Validating rates assessments

(1)

Notwithstanding anything in Part IX of the Rating Powers Act 1988, all assessments issued by the Council before the commencement of this Act are hereby validated and declared to have been lawful.

(2)

Notwithstanding anything to the contrary in Part IX of the Rating Powers Act 1988, section 153(b) of that Act shall apply to all assessments to be issued by the Council after the commencement of this Act as if the assessments to which subsection (1) of this section refers had been issued under section 153(a) of that Act.

(3)

All actions of the Council in levying and collecting such of the rates as were levied by the assessments to which subsection (1) of this section applies are hereby validated and declared to have been lawful.

(4)

All money received by the Council or Regional Council in payment of the rates is declared to have been lawfully paid to and received by the Council or Regional Council.

(5)

Such part of the rates as has not yet been paid is declared to be lawfully payable to the Council or Regional Council and capable of being collected as if it had always been lawfully payable.

Whakatane District Council (Rates Assessment Validation) Act 1995