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New Zealand: Acts affecting Native Lands, 1886, 1888-91 and 1894-95

[9th October, 1894

[9th October, 1894.
Be it Enacted byTitle. the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1.Short Title. The Short Title of this Act is "The Rating Act, 1894."
2.Interpretation. In this Act, if not inconsistent with the context,—
"Clerk.""Clerk" means the Clerk or other principal officer of a local authority, and if there be none such, means the Chairman or Mayor of such local authority:
" District." "District" means the district over which the jurisdiction of a local authority to levy rates extends:
"Subdivision of a district" means a riding of a county, a ward of a borough, or any subdivision of any district for the purpose of the election of members of the local authority:
"European""European." means every person not a Native as herein defined:
"Local authority""Local authority." means any Council, Board, Trustees, Commissioners, company, body, or persons empowered to make and levy rates:
"Magistrate""Magistrate." means a Stipendiary Magistrate appointed under "The Magistrates' Courts Act, 1893":page 3
"Native""Native." means an aboriginal native of the colony, and includes a half-caste Maori:
"Native land""Native land." means all land or interest in land the property of aboriginal natives of New Zealand (including in the term "aboriginal natives" all half-castes or their descendants by Natives), whether held under their own customs or usages or otherwise howsoever:
"Occupier"—
(1.)In respect of land other than Native land, means"Occupier": Other than of Native land. the person by whom or on whose behalf any rateable property is actually occupied, if such person is in occupation by virtue of a tenancy which was for not less than six months certain; and as to rateable property occupied by virtue of a tenancy not coming within the above description, and also in the case of unoccupied rateable property, means the owner of the same; and as to lands of the Crown, whatever may be the term of the tenancy thereof, means the lessee or licensee thereof:
(2.)In respect of Native land, means and includes theOf Native land. person, whether a Native or European, by whom or on whose behalf any rateable property is actually occupied, if such person is in occupation by virtue of a tenancy which was for not less than six months certain; and as to rateable property occupied by virtue of a tenancy not coming within the above description, and also in the case of unoccupied rateable property, means the owner of the same, and also any person, whether a Native or European, who is in actual or beneficial occupation or in receipt of the rents and profits of any land over which the Native title has not been extinguished:
"Owner" of any rateable property means the person entitled"Owner." for the time being to receive the rack-rent thereof:
"Publicly notify" means to publish in some newspaper circulating"Publicly notify." in the district, or where there is no such paper in general circulation to publish by placards in writing affixed to some public place or places in the district:
"Rateable property" means all lands, tenements, or hereditaments,"Rateable property." and all Native land in the colony, with the buildings and improvements thereon, with the following exceptions:—
(1.)Lands vested in Her Majesty of which there isExceptions: Crown lands unoccupied. not an owner or occupier, as herein defined, other than Her Majesty:
(2.)Lands within any part ofCrown lands in North Island occupied for mining. the North Island of the colony, including buildings and improvements, held under lease, license, or other authority from the Crown for gold-mining purposes; but this shall not be deemed to exempt any portion of the surface of property so held which may be used or occupied for residence or business sites, or for other than such gold-mining purposes, and the owner of any business site shall be deemed to be an occupier for the purposes of this Act:page 4
(3.)Churches, &c, cemeteries. Lands occupied by churches and chapels, or cemeteries other than cemeteries owned and conducted by private persons for pecuniary gain or profit:
(4.)Public schools. All lands and buildings used tor the purposes of a public school as defined by "The Education Act, 1877 ":
(5.)Unlet lands of schools. All lands vested in the School Commissioners of any provincial district of which there is not an occupier as herein defined other than the said Commissioners:
(6.)Universities and colleges. Lands and buildings used for a university or college which has been duly incorporated by any Act or provincial ordinance:
(7.)Other schools. Lands and buildings used tor a school which is not carried on exclusively for pecuniary gain or profit, but so that within any borough or town district not more than four acres be used and occupied by or for the purposes of any one such school:
(8.)Lincoln College. Lands not exceeding ten acres in extent, and buildings erected thereon and used for the purposes of the school known as the Lincoln Agricultural College, in the Selwyn County:
(9.)Asylums, hospitals, lighthouses, &c. Lands, not exceeding in each case one hundred acres in extent, and buildings used for a public asylum, a hospital, or lighthouse purposes, and lands used as quarantine, pilot, or signal stations, or for purposes of public plantations:
(10.)Charitable institutions. Lands and buildings used for a charitable institution, not being an institution within the meaning of "The Hospitals and Charitable Institutions Act, 1885," and not receiving any subsidy from the State, and which is carried on exclusively out of private benevolence for the free maintenance or relief of orphans, or of the aged, infirm, sick, or needy; but so that within any borough or town district not more than four acres be used and occupied by or for the purposes of any one such institution:
(11.)Native land. All Native land—
(a.)Situate more than five miles from any public road or highway; or
(b.)The title to which has not been ascertained through the Native Land Court, or other Court of competent jurisdiction, and of which there is not a European occupier as herein defined; or
(c.)Situate within any borough or town district and which is occupied solely by Natives, and which, owing to the indigent circumstances of the occupiers, or for other special reason, the Governor shall think should be exempted; or
(d.)Which may from time to time be declared by the Governor in Council to be exempted therefrom; but the Governor from time to time may by Order in Council revoke in whole or in any part any Order in Council made under this section exempting land from rating:
page 5
Provided that Native land not in the occupation of persons other than Natives, except Native land situate within any borough, shall be liable to be rated to one-half only of the amount of rate that may be levied from time to time, and shall not be liable to any special rate: "Rateable value"—
(1.)In respect of property situate within any district"Rateable value" On annual value. where the system of rating property on the annual value thereof is or may be in force, means the rent at which such property would let from year to year, deducting therefrom twenty per centum in case of houses, buildings, and other perishable property, and ten per centum in case of land and other hereditaments, but shall in no case be less than five per centum of the fee-simple thereof;
(2.)In respect of property situate within any districtOn capital value. where the system of rating property on its capital value is or may be in force, means the sum at which the fee-simple of any rateable property if held in possession free from incumbrances is assessed, as appearing by the valuation-roll made under this Act:
Provided that in all cases where it is necessary to fixProportionate value the rateable value of any portion of a building, the same shall be determined as follows, that is to say: The rateable value and also the annual letting value of the whole building, with the land occupied thereby, shall be first determined, next the annual letting value of each portion of the building rated to a separate occupier shall be determined, and then the rateable value of each such portion shall be the sum which shall bear the same proportion to the rateable value of the whole building and land as the annual letting value of such portion bears to the annual letting value of the whole building and land:
(3.)In respect of pastoral lands of the Crown held under lease or license, means the sum which invested at six pounds per centum per annum would produce a yearly income equal to the rent paid therefor by the tenant or licensee thereof to the Crown, Land Board, or other public officer or body:
"Writing" includes printing, and any matter partly written"Writing." and partly printed.