✨ Local Bodies' Loans Regulations
1668
THE NEW ZEALAND GAZETTE.
[No. 42
- 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 believing the same to be true, and by virtue of the Justices of the Peace Act, 1908.
Declared at __ this __ day of __, 19 __, before me—
C.D.,
Justice of the Peace [or Solicitor].
- A statutory declaration in the form hereunder made by the Chairman of the local authority proposing to raise a loan may be accepted as sufficient evidence of the required proportion of the number of ratepayers signing any such consent.
Declaration of Chairman of Local Authority.
I, A.B., Chairman of the [Name of 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 ratepayers 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 consent to the raising of the loan mentioned in the said consent.
And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the Justices of the Peace Act, 1908.
Declared at __ this __ day of __, 19 __, before me—
C. D.,
Justice of the Peace [or Solicitor].
MERGER OF RATING-AREA.
-
(1.) 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 forthwith give notice of such loan to the local authority in whose district such area has been so merged or included, and also to the Minister of Finance.
(2.) Every such notice shall be in the form No. 1 in the Schedule hereto, and shall set forth the particulars indicated therein.
(3.) Where special rates have been made as aforesaid in respect of two or more loans separate notices shall be given in respect of each such loan. -
(1.) Where part only of any such special-rating area is merged or included as aforesaid the local authority that raised the loan may forward to the Minister of Finance an application in writing for an apportionment of the interest and other charges payable in respect of that loan, and may set forth in its application the apportionment which it suggests should be made.
(2.) Where special rates have been made over the said area in respect of two or more loans separate applications shall be made in respect of each such loan.
(3.) The local authority that raised the loan shall forthwith serve on the local authority in whose district part of the special-rating area has been merged or included as aforesaid a copy of every such application, certified under the hand of the Chairman of the local authority.
(4.) Every application for an apportionment of interest and other charges as aforesaid shall be in the form No. 2 in the Schedule hereto.
(5.) There shall be annexed to every application under this regulation and to the certified copy thereof a plan of the whole area over which a special rate has been levied, and such plan shall distinguish between the merged area and the area not so merged. -
(1.) If the local authority in whose district part of the special-rating area has been merged or included as aforesaid objects to the proposed apportionment of the interest and charges in respect of any loan, it shall, within two months after the receipt by it of the copy of the application for apportionment, forward written notice of its objection under the seal of the local authority, setting forth the grounds thereof, to the Minister of Finance, and shall, within the said period, serve on the local authority applying for an apportionment a copy of its objection, certified under the hand of the Chairman.
(2.) On the expiration of the said period of two months the Chairman of the local authority applying for the apportionment shall make and sign a statutory declaration in the form No. 3 or the form No. 4 (as the case may require), and shall forward the same to the Minister of Finance. -
(1.) Upon the receipt of such declaration the Minister shall cause to be transmitted to the Governor the application for apportionment, the objections (if any) made to the suggested apportionment, and the statutory declaration made under the last preceding regulation.
(2.) The Governor may thereupon make such apportionment as he thinks fit, pursuant to the provisions of subsection (4) of section five of the Local Bodies’ Loans Amendment Act, 1912. -
The foregoing clauses of these regulations relating to the merger of rating-areas apply only to loans granted by the Minister under Part II of the Local Bodies’ Loans Act, 1908, or the corresponding provisions of any former Act.
-
Where any document is directed by these regulations to be served on or given to a local authority it shall be sufficient if such notice is sent to or delivered at the office of such local authority, addressed to the Clerk or other principal officer thereof.
Form No. 1.
NOTICE ON MERGER OF WHOLE OF AREA OVER WHICH SPECIAL RATE MADE AS SECURITY FOR LOAN.
To [Name of local authority or Minister of Finance].
In pursuance of the provisions of section 5 of the Local Bodies’ Loans Amendment Act, 1912, and of the regulations thereunder, I hereby give notice that the area hereunder described, being formerly part of the district of the [Name of local authority] and now merged or included in the district of the [Name of local authority], is the whole of the area over which a special rate has been made as security for a loan raised under Part II of the Local Bodies’ Loans Act, 1908 [or as the case may be], particulars whereof are set forth below.
Particulars of Loan, &c.
Description of area over which special rate made: [Describe area, and set forth references to date and page of Gazette in which special order gazetted].
Date and manner of merger:
Amount of loan: £
Purpose for which loan raised:
Date of inscription of loan:
Currency of loan:
Particulars of special rate struck as security for such loan:
When special rate payable:
Inscribed debt due in respect of loan: £
Amount of half-yearly interest payable: £
Dates when such interest due:
Dated at __ this __ day of __, 19 __.
[Signature and description of Mayor or Chairman].
Form No. 2.
APPLICATION FOR APPORTIONMENT OF INTEREST AND CHARGES IN RESPECT OF LOAN OR MERGER OF PART OF AREA OVER WHICH SPECIAL RATE IN RESPECT THEREOF WAS MADE.
Under Section 5 of the Local Bodies’ Loans Amendment Act, 1912.
To the Minister of Finance at Wellington.
In pursuance of the provisions of section 5 of the Local Bodies’ Loans Amendment Act, 1912, and of the regulations thereunder, the [Name of local authority] hereby makes application for an apportionment between the said local authority and the [Name of local authority in whose district part of special-rating area has been merged or included] of the interest and other charges payable in respect of a loan raised by the said local authority under Part II of the Local Bodies’ Loans Act, 1908 [or as the case may be], particulars whereof are set out below. Part of the area over which the special rate in respect of the said loan was made was merged in the district of the said [Name of local authority] on the __ day of __, 19 __.
Particulars of Loan, &c.
Description of area merged:
Date and manner of merger:
Description of whole area over which special rate made: [Describe area and set forth references to date and page of Gazette in which special order gazetted; also supply a plan of whole area showing distinctly the area merged].
Amount of loan: £
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1913, No 42
NZLII —
NZ Gazette 1913, No 42
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Regulations under the Local Bodies’ Loans Acts
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💰 Finance & Revenue13 May 1913
Local bodies, loans, regulations, special roll, ratepayers' consent, merger of rating-areas, statutory declarations