Local Bodies' Loans Regulations




518

THE NEW ZEALAND GAZETTE.

[No. 11

  1. The special roll shall be deposited for public inspec-
    tion at the office of the local authority for not less than
    seven days prior to the first public notice of intention to
    raise the loan, or not less than seven days before any
    steps are taken to obtain the ratepayers' consent to the
    loan, as the case may be, and notice of that deposit shall
    be published on the first day of such deposit in some news-
    paper circulating in the district within which the rating-
    area is situated.

  2. Any ratepayer who objects to any matter or thing
    contained in the said roll, and who desires that such
    objections shall be heard or considered, shall forward
    notice thereof in writing to the local authority within
    seven days after the last day on which the roll was de-
    posited as aforesaid. Such notice shall be in duplicate,
    and shall state fully the grounds of objection and also the
    full name and address of any objector.

  3. The local authority shall cause to be prepared a list
    of all objections (if any) to the said roll, and such list
    shall state the name and address of the objector, his
    number on the special roll, and his reasons for objecting
    to the valuation.

  4. Such list, or a certified copy thereof, together with
    the said roll, shall be submitted to the Stipendiary Magis-
    trate for the said district, and if there is more than one
    Stipendiary Magistrate for such district, then to the senior
    Stipendiary Magistrate for the same. The said Stipen-
    diary Magistrate shall give at least seven days' notice
    of the time and place appointed by him to hear such
    objections, and he shall have jurisdiction to hear and
    finally determine the same and all matters directly con-
    nected with such objections, and also to make all such
    alterations in the said roll as he thinks proper, and shall
    initial all alterations, additions, or erasures so made by
    him, and shall sign the said roll.

  5. The roll when so signed and initialled shall be the
    special roll for the portion of the district specified therein,
    and shall be delivered by the said Stipendiary Magistrate
    to the local authority as the complete special roll for the
    particular rating district or area to which the same relates.

  6. Where no objections have been made to the said
    special roll, the Chairman of the local authority shall sign
    the said roll, and affix the seal of the local authority to
    the same, and such roll shall thereupon be deemed to be
    duly authenticated.

RATEPAYERS' CONSENT.

  1. The signatures to every consent of the ratepayers to
    be testified for the purposes of paragraph (d) of section 15
    of the Local Bodies' Loans Act, 1908, shall be witnessed
    by some adult person or persons, and verified by statutory
    declaration of the attesting witness or witnesses, and such
    consent shall, when completed, be forwarded by the Chair-
    man of the local authority of the district to the Superin-
    tendent of the State-guaranteed Advances Office at
    Wellington, together with a statutory declaration made by
    such Chairman in the form hereinafter prescribed.

  2. Every such consent shall be in the following form :—

Ratepayers' Consent.

The Local Bodies' Loans Act, 1908, Section 15.

WE, the undersigned ratepayers, being owners or occupiers
of the sections of land respectively set opposite to our
names hereunder, do hereby consent to a special rate of
[State amount in the pound] on the rateable values of the
said sections being made and levied for the payment of
principal, interest, and other charges on a loan of
£ , under the Local Bodies' Loans Act, 1908, for
the purpose [State purpose of loan]. Such special rate
shall be an annually recurring rate during the currency of
such loan, and be payable on the day of
[State date] and the day of [State date] in
each and every year during a period equal to the currency
of such loan, being a period of [State number] years, or
until the loan is fully paid off, and subject in all respects
to the provisions relating to a special rate raised as
security for a loan under the said Act.

Dated this day of , 19 . [Fill in date
of last signature to the consent.
]

Rate-payer's Signature. Initials of Witness. Number of Section and Block, and Name of Survey District. Area. Rateable Value.
A. R. P.
  1. The declaration verifying the signatures to such
    consent shall be in the following form :—

Declaration verifying Signatures to Consent.

I, A. B., of , do solemnly and sincerely declare—

That the signatures affixed to the above consent,
initialled by me [or which I have marked (describing the
mark)
], are the genuine signatures of the persons whose
signatures they purport to be ;

That such persons are ratepayers of the rating-area to
which such consent relates.

And I make this solemn declaration conscientiously be-
lieving the same to be true, and by virtue of the Justices
of the Peace Act, 1908.

Declared at , this day |
of , 19 , before me— } A. B.
C. D.,
Justice of the Peace
[or Solicitor].

  1. A statutory declaration, in the form hereunder,
    made by the Chairman of the local authority applying for
    a loan, may be accepted as sufficient evidence of the
    required proportion of the number of ratepayers signing
    any such consent.

Declaration by Chairman of Local Authority.

I, A. B., Chairman of the [Name of the local authority
and of district in full
], do solemnly and sincerely declare—

That the signatures appended to the consent hereto
attached (and which said consent is initialled by me on
each page) comprise at least three-fourths of the rate-
payers of the rating-area to which the consent relates, and
the capital value of their properties, as appearing on the
valuation roll of the district, is collectively greater than
the capital value of the properties of those ratepayers who
do not so consent to the raising of the loan mentioned in
the said consent.

And I make this solemn declaration conscientiously be-
lieving the same to be true, and by virtue of the Justices
of the Peace Act, 1908.

Declared at , this day |
of , 19 , before me— } A. B.
C. D.,
Justice of the Peace
[or Solicitor].

Merger of Rating-area.

  1. (a.) Where the whole of any area over which a
    special rate has been made as security for a loan is merged
    or included within the district of a local authority other
    than the local authority that made the rate, such last-
    mentioned authority shall give notice to the local authority
    in whose district such area has been merged or included,
    and also to the Minister of Finance, of all existing special
    loans in respect of which special rates have been made
    over such area.

(b.) Such notice shall be in the Form No. 1 in the
Schedule hereto.

  1. (a.) Where part only of any special-rating district is
    merged or included as aforesaid the local authority that
    made the rate shall give notice to the local authority in
    whose district such part-area has been merged or included,
    and also to the Minister of Finance, of all existing special
    loans in respect of which special rates have been made over
    such part-area, together with a plan showing sections of
    land and parts of sections (if any) contained in such part-
    area, and of any proposed adjustment or apportionment of
    the liability in respect thereof among the respective local
    authorities affected by such merger or inclusion.

(b.) Such notice shall be in the Form No. 2 in the
Schedule hereto.

  1. (a.) Any local authority that objects to such pro-
    posed adjustment or apportionment shall forward written
    notice of its objection to the Minister of Finance within
    twenty-one days from the receipt of the notice referred
    to in the last preceding regulation.

(b.) Such local authority shall, prior to the expiry of
the said twenty-one days, also serve a copy of such notice
on the local authority that made the rate.

(c.) If within the said period of twenty-one days no
notice of objection is served either on the Minister of
Finance or the local authority that made the rate, then
such last-mentioned authority may proceed ex parte to
have an apportionment or adjustment of liability effected
in respect of the said loans, and for that purpose shall
forward to the Minister of Finance a statutory declaration
of the facts in the form or to the effect set forth in
Form No. 3 in the Schedule hereto.

(d.) In cases where objections have been received the
statutory declaration shall be in the form or to the effect
set forth in Form No. 4 in the Schedule hereto.



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VUW Te Waharoa PDF NZ Gazette 1911, No 11





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🏘️ Regulations under Local Bodies’ Loans Acts

🏘️ Provincial & Local Government
8 February 1911
Local Bodies’ Loans Act 1908, Regulations, Special Roll, Valuation Roll, Ratepayers' Consent, Merger of Rating-area