✨ Town-planning Regulations
Town-planning Regulations, 1927, any provisions requiring
or intended to secure uniformity of contiguous buildings in
any one or more respects.
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The validity of a scheme and the provisions thereof shall
not be called in question by reason of any omission or irregularity in the procedure prescribed for its preparation, adoption,
approval, or enactment, or on the ground that any provision
thereof is not authorized by the said Act and these regulations, unless proceedings are instituted for that purpose and
served on the Council within two months after notice of the
final approval of the scheme by the Board has been published
in the Gazette, nor shall the validity of a scheme be affected
by any such omission or irregularity unless the Court is of
opinion that such omission or irregularity was calculated to
produce, or capable of producing, substantial injustice to any
person. -
The Board may delegate to a Committee of any three or
more of its members any of the powers, duties, or discretions
conferred on the Board by the said Act or by these regulations,
and the exercise by any such Committee of any such powers,
duties, or discretions shall be prima facie evidence that the
same have been duly delegated. -
Any power conferred by the said Act on the Director
of Town-planning may, for the purposes of these regulations
and any scheme hereunder, be exercised by a person appointed
by the Governor-General to act as Deputy Director of Town-planning either generally under any power authorizing him
in that behalf or for the purposes of these regulations.
PART III.—BETTERMENT.
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For the purposes of this part of these regulations the
expression "betterment increase" in relation to any land
means such ascertained or estimated increase in the value of
that land as is peculiar to that land, alone or in common
with any other land in a development area or elsewhere,
and is attributable to the existence of a scheme, or to
the carrying-out of any work authorized by the scheme,
or to the enactment of any of the provisions thereof,
and includes any increase in value fairly attributable
to the anticipation of the provisions comprised in a
scheme, notwithstanding that such increase be shown to
have accrued prior to the date when the scheme came into
force, but does not include a proportionate increase in value
of the whole of the land in a development area attributable
to the existence of a development scheme or to the enactment
of any of the provisions thereof having general and equal
application throughout the development area. -
For the purpose of assessing betterment increase the
value of land exclusive of such increase shall be the sum
which the Court considers was its value on the 4th day of
February, 1931. -
The increase in value attributable to the matters set
out in Regulation 11 hereof shall be deemed to include every
such increase estimated to accrue within a period of five
years from the date of coming into force of the scheme or a
period of one year from the completion of the work by reason
of which betterment increase is claimed to exist, whichever
date is the later. -
On compliance with the requirements hereinafter set
out the Council shall be entitled to recover the full betterment
increase of any land in the development area, notwithstanding
that such land may at any time not be rateable property
within the meaning of the Rating Act, 1925. -
When the Council proposes to claim betterment increase in respect of any land it shall cause notice of its intention to make such claim to be served upon the owners and
occupiers and any other person having an interest in such
land, so far as they can be ascertained, and such notice shall
set out whether the claim is (a) in respect of the carrying-out
of any particular work, or (b) otherwise than in respect of the
carrying-out of a particular work; and in the former case
shall describe in general terms the work referred to, but it
shall not be necessary in any such notice to state the amount
which it is proposed to claim. -
If betterment increase is claimed in respect of the
carrying-out of any particular work such notice shall be served
within three months after the commencement of such work,
and if betterment increase is claimed otherwise than in respect
of the carrying-out of any particular work such notice shall
be served within three months after the date of coming into
force of the scheme. -
The Council may at any time after such notice has been
served institute proceedings for recovery by way of betterment
increase of such amount as it thinks proper, but no such
proceedings shall be instituted against any person after the
expiration of five years from the date of service of such notice
upon that person. -
The amount of any claim for betterment increase shall
be decided by the Court, and the Court shall have jurisdiction
to determine who are the owners of any land or the owners
of any estate or interest in any land; and to apportion
amongst the respective owners of any estate or interest
in such land the liability to pay the shares of any betterment increase awarded, having regard to the proportionate
values of the respective estates and interests of such owners
to the degree to which such values have been or are likely
to be increased by the betterment increase, and to any other
relevant considerations.
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Every award shall set out the matters in respect of
which the betterment increase referred to therein is intended
to be awarded. -
The fact that betterment increase has been awarded in
respect of the carrying-out of any particular work, or otherwise than in respect of the carrying-out of any particular work,
shall not prevent a further claim from being made for betterment increase in respect of any matter not taken into account
in the previous award. -
Any person having an interest in land in respect of
which the Council has served a notice of its intention to claim
betterment increase may at any time, in lieu of waiting for
proceedings to be instituted by the Council, serve upon the
Council a notice requiring that such claim and the existence
of any right in the Council to make a claim for betterment
increase be decided by the Court; and such notice shall
have the same effect for the purpose of instituting proceedings
as if it were a claim made by the Council. -
Every person being an owner in fee of land in respect
of which any betterment increase is awarded by the Court,
and any other person having any estate or interest in the land
whom the Court may in its discretion declare to be primarily
liable, shall be primarily liable for payment thereof to the
Council; and the amount of such betterment increase or any
part thereof for the time being due and payable, with any
interest accrued and payable, may from time to time be recovered by the Council as a debt in any Court of competent
jurisdiction from any person primarily liable; and such primary liability shall not be affected by any apportionment of
liability among the respective owners of any estate or interest
in such land, but any person paying the same shall be entitled
to contribution from such respective owners according to the
Court's apportionment. -
The amount of any betterment increase awarded by
the Court shall, as the Court in its discretion may order, be
payable either (a) forthwith, or (b) together with interest at
such rate as the Court may order by equal annual sums
payable on an annual date and over a period not exceeding
twenty years, to be fixed by the Court. -
The Government Actuary shall, on payment of a reasonable fee, furnish to the Council such tables as may be necessary,
showing the fixed annual sum required to discharge the amount
in the period fixed by the Court, with interest at the rate
ordered by the Court, and the amount required to redeem any
annual instalment of such fixed sum prior to its due date,
or the method of ascertaining the amount so required. -
Any person primarily liable for the same may pay any
annual instalment prior to its due date, and interest payable
to the Council on the sum so paid shall abate accordingly,
but the person making such payment shall remain entitled
to interest from any person from whom he is entitled to contribution according to the Court's apportionment. -
Where the Court orders that the amount of any betterment increase be payable by equal annual sums over a period
of years, the annual sum so fixed shall for all purposes be
deemed to be a special rate duly made and levied by the
Council on the land affected and the provisions of the Rating
Act, 1925, shall, mutatis mutandis, apply accordingly, but it
shall not be necessary for the Council to provide any
valuation roll or rate-book in respect of each annual payment. -
In any case where the provisions of the last preceding
regulation hereof apply the amount of betterment increase
shall not be registrable as a charge against the land affected:
Provided that nothing herein shall affect the priority of such
sum as a special rate duly made and levied by the Council. -
On the subdivision of any land subject to payment of
an annual sum under this Part of these regulations, such sum
may be apportioned among the several subdivisions by agreement in writing made between the Council and the owner
or owners thereof, or, in default of such agreement, by a
certificate of the Valuer-General, acting at the request of the
Council and at its expense. -
Nothing in this Part of these regulations shall limit the
operation of section 193 of the Municipal Corporations Act,
1920; but any amounts paid or payable to the Council pursuant to that section may be taken into account in determining
the amount of any betterment increase for the purposes of
this Part of these regulations.
PART IV.—COMPENSATION.
- Any person having any estate or interest in any land
taken for any purpose comprised in a scheme, or injuriously
affected by the taking of any land or the carrying-out of any
work comprised in a scheme, shall be entitled to full compensation for the same from the Council.
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VUW Te Waharoa —
NZ Gazette 1931, No 74
NZLII —
NZ Gazette 1931, No 74
✨ LLM interpretation of page content
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Town-planning Regulations, 1927
(continued from previous page)
🏛️ Governance & Central AdministrationRegulations, Town-planning, Uniformity, Betterment, Compensation