This Act is the Taranaki Regional Council Empowering Act 2001.

This Act comes into force on the day after the date on which it receives the Royal assent.

In this Act, unless the context otherwise requires,—

The purposes of this Act are—

• (a) to widen the powers of the Council so that it is able to participate in a range of activities in the Taranaki Region; and

• (b) to widen the funding powers of the Council so that it is able to fund those activities; and

• (c) to enable the Fund to be used for a wider range of purposes; and

• (d) to enable the Council to borrow from its own funds for the development of a stadium at Rugby Park, New Plymouth.

(1) In addition to the functions, duties, and powers of a regional council under the Local Government Act 1974, the Council has the power to undertake, implement, encourage, or maintain, any services, works, projects, or facilities that are—

• (a) for the recreation or cultural well-being of the residents and ratepayers of the Taranaki Region; or

• (b) for preserving, or encouraging the reasonable enjoyment of, the physical and cultural heritage of the Taranaki Region.

(2) To avoid any doubt, the Council may, in exercising its powers under subsection (1),—

• (a) take, purchase, or otherwise acquire any land or buildings:

• (b) make financial contributions towards the services, works, projects, or facilities as set out in subsection (1):

• (c) enter into arrangements with other local authorities, persons, or groups of persons (whether incorporated or not).

(3) Subsection (2) does not limit subsection (1).

(4) The Council may not undertake or implement any services, works, projects, or facilities in reliance on the powers conferred by subsection (1) unless it first—

• (a) completes the special consultative procedure in relation to the proposed exercise of the powers or, if the proposed exercise of the powers relates to any specified project, undertakes such consultation as it considers reasonable; and

• (b) obtains the agreement of the New Plymouth District Council, the Stratford District Council, and the South Taranaki District Council in relation to the proposed exercise of the powers.

(5) Subsection (4) is subject to section 9.

(1) For the purposes of exercising its additional powers under section 5, the Council may, by resolution, make and levy on every separately rateable property in the Region, a uniform annual general charge under section 19 of the Rating Powers Act 1988 as if the Council were a territorial authority.

(2) For the purposes of exercising its additional powers under section 5, the Council may, by resolution, instead of, or in addition to, making and levying a regional works and services rate under section 34 of the Rating Powers Act 1988, make and levy a separate uniform annual charge under section 20 of that Act on every separately rateable property on which the Council could have made and levied a regional works and services rate for those purposes, as if the Council were a territorial authority.

(3) The Rating Powers Act 1988 applies, with any necessary modifications, to any uniform annual general charge or separate uniform annual charge made and levied by the Council.

Despite section 230 of the Local Government Act 1974, the Council may apply the Fund—

• (a) for the purposes of exercising its additional powers under section 5; or

• (b) for any of its other lawful purposes; or

• (c) for both.

(1) The Council may, instead of, or in addition to, borrowing under section 122ZA of the Local Government Act 1974, borrow in any manner, and on any terms and conditions as it considers appropriate, out of its own funds for the purposes of the development of a stadium at Rugby Park, New Plymouth.

(2) Subsection (1) applies subject to—

• (a) any other enactment regulating borrowing generally or borrowing by local authorities; and

• (b) the Council's investment policy and borrowing management policy.

(3) To avoid any doubt, if the Council borrows out of its own funds, it may—

• (a) charge a rate as security for the borrowing:

• (b) make and levy a rate or charge in accordance with this Act or the Rating Powers Act 1988 to recover the costs of the borrowing (including interest and principal).

(1) Any consultation by the Council in relation to a specified project undertaken before the commencement of this Act, is to be treated as having been undertaken under section 5(4)(a).

(2) Any agreement of a kind referred to in section 5(4)(b) that is obtained before the commencement of this Act, is to be treated as having been obtained in accordance with that provision.