Town-planning Regulations




Town-planning Regulations, 1927, any provisions requiring
or intended to secure uniformity of contiguous buildings in
any one or more respects.

  1. 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.

  2. 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.

  3. 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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  1. Every award shall set out the matters in respect of
    which the betterment increase referred to therein is intended
    to be awarded.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  1. 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 PDF NZ Gazette 1931, No 74


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🏛️ Town-planning Regulations, 1927 (continued from previous page)

🏛️ Governance & Central Administration
Regulations, Town-planning, Uniformity, Betterment, Compensation