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

As to Collection of Rates by a Local Authority on Behalf of Another

page 19

As to Collection of Rates by a Local Authority on Behalf of Another.

72.
(1.)The Council of any county may by special order directCounty Council may direct rates to be collected by Road and Town Boards. that any general or special rates which it is authorised by law to make and levy shall be collected on its behalf by the Road Boards and Town Boards within the county, and may revoke and re-enact any such order from time to time.
So long as any such special order remains in force, when a rate is made by the County Council it shall send to each Road Board and Town Board within the county a copy of the order making such rate, and specifying the amount of the rate required to be collected within the district under the respective jurisdictions of such Boards.
(a.)Every such Board shall forthwith proceed to make, levy, and collect such rate in the district within their jurisdiction in the same manner and with the same powers of recovery as if the rate were to be levied therein by such Board for its own purposes.
(b.)The same proceedings shall be had for making, levying, collecting, and recovering any separate or special rate within any portion of a county as are hereinbefore set forth for making, levying, collecting, and recovering general rates within the whole county, mutatis mutandis.
(c.)If any Board as aforesaid shall refuse or neglect to make and levy and to take all necessary steps to collect and recover any such rate as aforesaid, every member thereof at the time of such neglect or refusal shall be liable to a penalty not exceeding fifty pounds, to be recovered in a summary way before any two or more Justices of the Peace.
(2.)All such rates shall be held by every Board asBoards to hand over rates to County Council, less cost of collection. aforesaid as trustee for the County Council, and shall be handed over to such Council as collected.
Every such Board shall be entitled to retain all reasonable costs and expenses incurred in and about making, levying, collecting, and recovering the same, and a reasonable remuneration for clerical and other work. If any dispute shall arise as to the amount so to be retained, or otherwise in relation thereto, the same shall be decided by such person as the Governor may appoint for the purpose.
73.When the Christchurch Drainage Board, as constitutedLocal authorities in drainage district may collect rates for Christchurch Drainage Board. under "The Christchurch District Drainage Act, 1875," and the several Acts amending the same, shall by special order have directed any general rate to be levied, and have fixed the amount in the pound of such rate, according to the said Act, it shall cause a copy of such special order to be forwarded separately to each local authority within the limits of whose jurisdiction the drainage district or any part or parts thereof may be situate.
(1.)Every such local authority shall forthwith proceed to make, levy, and collect such rate in the part or parts of the drainage district within their jurisdiction in such manner, as nearly as may be, and with such powers, and the rate shall be payable by and recoverable from such persons and in such manner, in every respect as if the limits of the jurisdiction of such local authority were coincident with page 20such part or parts of the drainage district, and as if the rate were to be levied by such local authority for their own purposes under the powers of rating then by law vested in them.
Every such local authority shall be entitled to retain all reasonable costs and expenses incurred in and about making and levying, collecting, and recovering the same, and a reasonable remuneration for clerical and other work. If any dispute shall arise as to the amount so to be retained or otherwise in relation thereto, the same shall be decided by such person as the Governor may from time to time appoint for the purpose.
Provided always that all persons rated, or upon whom any demand or levy for rates shall be made, under the provisions of this Act shall have as against the said local authority in respect of objections to be rated, or to pay such rates, all the appeals, exemptions, rights, powers, and privileges as if such rates were made, demanded, collected, or levied by the said Drainage Board.
(2.)When any person is liable to be rated in respect of property lying partly within and partly without the drainage district, the local authority within whose jurisdiction such property is situate shall deduct from the amount of the rates that would be levied on the property if it were wholly within the district such part as they may in their absolute discretion think fit.
(3.)The power hereby given to do anything by "special order" shall be exercised as follows:—
(a.)The resolution to do such thing shall be adopted at a special meeting:
(b.)Such resolution shall be confirmed at a subsequent meeting, held not sooner than four weeks thereafter:
(c.)Public notice of such subsequent meeting, and of such resolution, shall be given once in each of the said four weeks, and a notice of such meeting given to each member of the Christchurch Drainage Board.
(4.)"Local authority" in this section includes the Council or Board having the administration of affairs of a city, borough, town district, or road district, but shall not include the Christchurch Drainage Board.
74.Adjustment of rates for purposes of collection. Any local authority, for the purpose of collecting any rate, either on its own behalf or on behalf of another local authority, may make an adjustment thereof so as to admit of its being collected either under the system of rating on the annual value or the capital value, whichever system may be in force in the district of the local authority collecting the same, upon the basis that one shilling in the pound upon the annual value shall be deemed to be equivalent to three-farthings in the pound upon the capital value of any property, or that the annual value for any rateable property shall be the sum which is equal to six pounds per centum on the capital value of such property, and vice versa respectively.