Chatham Islands Council Act 1995 (No. 41 of 1995)

Reprint as at 1 July 2013 Chatham Islands Council Act 1995 Public Act 1995 No 41 Date of assent 29 July 1995 Commencement see section 1(2) Contents Page Title 3 1 Short Title and commencement 3 2 Interpretation 3 Dissolution of Chatham Islands County Council 3 Dissolution of Chatham Islands County Council 4 Abolition of Chatham Islands County 4 Abolition of Chatham Islands County 4 Constitution of Chatham Islands Territory 5 Constitution of Chatham Islands Territory 4 Constitution of Chatham Islands Council 6 Constitution of Chatham Islands Council 4 7 Functions, duties, and powers 4 Membership and elections 8 Membership and elections 5 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint. A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint. This Act is administered by the Department of Internal Affairs. 1 Chatham Islands Council Act 1995 Reprinted as at 1 July 2013 Procedure 9 Public notice 6 Annual reports 10 Annual plan [Repealed] 6 11 Annual report [Repealed] 7 12 Public inspection of reports 7 Financial systems 13 Financial systems 7 Council dues 14 Power to levy council dues 8 15 Application of proceeds of council dues 10 16 Persons liable to pay council dues 10 17 Right to hold owner’s money 12 18 Information to be supplied by importer and exporter 12 19 Verification of cargo 13 20 Verification Officers 13 21 Warrant of appointment 14 22 Offence of acting without warrant 14 23 Offences of masters, owners, etc 15 24 Recovery of unpaid dues 15 25 Saving of other powers of Council 15 Resource management 26 Resource management planning 16 27 Time periods for consent hearings 16 28 Enforcement officers 17 Bylaws 29 Bylaws 17 Repeals, amendments, and transitional provisions 30 Repeals 17 31 Amendments to Local Government Act 1974 [Repealed] 18 32 Amendment to Ombudsmen Act 1975 18 33 Amendment to Local Government Official Information and Meetings Act 1987 18 34 Amendment to Rating Powers Act 1988 [Repealed] 18 35 Amendment to Resource Management Act 1991 [Repealed] 18 36 Amendment to Biosecurity Act 1993 18 37 Amendments to Income Tax Act 1994 [Repealed] 18 2 Reprinted as at 1 July 2013 Chatham Islands Council Act 1995 s 2 38 Transitional provisions 18 Schedule 19 Transitional provisions in relation to dissolution of Chatham Islands County Council and establishment of Chatham Islands Council An Act— (a) to reform the local government of the Chatham Islands by establishing a Chatham Islands Council with appropriate functions, duties, and powers: (b) to dissolve the Chatham Islands County Council: (c) to make provision incidental to the establishment of the Chatham Islands Council and the dissolution of the Chatham Islands County Council 1 Short Title and commencement (1) This Act may be cited as the Chatham Islands Council Act 1995. (2) Except as provided in section 8(7), this Act shall come into force on 1 November 1995. 2 Interpretation In this Act, unless the context otherwise requires,— council-controlled organisation has the meaning set out in section 6(1) of the Local Government Act 2002 council dues means the dues authorised by section 14 to be levied by the Chatham Islands Council former council means the Chatham Islands County Council generally accepted accounting practice has the meaning given to it by section 5(1) of the Local Government Act 2002 goods— (a) means all kinds of property; and (b) includes animals; but (c) does not include ships’ stores or aircraft stores 3 s 3 Chatham Islands Council Act 1995 Reprinted as at 1 July 2013 ship— (a) means every description of vessel, boat, ferry, or craft used in navigation, whether or not it has any means of propulsion, and regardless of that means; and (b) includes a barge member, in relation to the Chatham Islands Council, includes the Mayor. Section 2 council-controlled organisation: inserted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84). Section 2 generally accepted accounting practice: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84). Dissolution of Chatham Islands County Council 3 Dissolution of Chatham Islands County Council The Chatham Islands County Council is hereby dissolved. Abolition of Chatham Islands County 4 Abolition of Chatham Islands County The Chatham Islands County is hereby abolished. Constitution of Chatham Islands Territory 5 Constitution of Chatham Islands Territory There is hereby constituted a district, to be known as The Chatham Islands Territory, which district comprises the is lands known as the Chatham Islands and the area of the ter ritorial sea adjoining those islands. Constitution of Chatham Islands Council 6 Constitution of Chatham Islands Council A territorial authority to be known as the Chatham Islands Council is hereby constituted for the Chatham Islands Terri tory. 7 Functions, duties, and powers (1) Except as otherwise provided under this or any other Act, the Chatham Islands Council has the functions, duties, and powers of— 4 Reprinted as at 1 July 2013 Chatham Islands Council Act 1995 s 8 (a) a territorial authority under— (i) the Local Government Act 2002; and (ii) the Local Government Act 1974; and (iii) the Local Government (Rating) Act 2002; and (iv) the Resource Management Act 1991; and (v) any other public Act; and (b) a regional council under the Resource Management Act 1991; and (c) a regional authority under the Building Act 2004. (2) Except as otherwise provided in this Act or any other Act, the Chatham Islands Council shall have the functions, duties, and powers conferred on the former council by or under any Act that is for the time being in force. Section 7(1): substituted, on 7 July 2004, by section 3 of the Chatham Islands Council Amendment Act 2004 (2004 No 60). Section 7(1)(b): amended, on 7 July 2010, by section 4 of the Chatham Islands Council Amendment Act 2010 (2010 No 52). Section 7(1)(c): added, on 7 July 2010, by section 4 of the Chatham Islands Council Amendment Act 2010 (2010 No 52). Membership and elections 8 Membership and elections (1) The first election of the Chatham Islands Council shall be held on 14 October 1995 and the members of the Chatham Islands Council to be elected at that first election shall comprise a Mayor and 8 other members. (2) For the purposes of the first election of the Chatham Islands Council, the ReturningOfficer and the principal administrative officer for the Chatham Islands Territory shall be respectively the Returning Officer and the principal administrative officer for the Chatham Islands County. (3) The first election of the Chatham Islands Council shall be con ducted by postal voting. (4) Notwithstanding section 6 of the Local Elections and Polls Act 1976, every member of the Chatham Islands Council who is elected at the first election of members of the Chatham Is lands Council shall come into office on the later of— (a) 1 November 1995; or 5 s 9 Chatham Islands Council Act 1995 Reprinted as at 1 July 2013 (b) the day next after the day on which he or she is declared to be elected by the Returning Officer. (5) Notwithstanding section 4 of the Local Elections and Polls Act 1976, no election of the Chatham Islands County Council shall be held on 14 October 1995. (6) Every member of the Chatham Islands County Council shall, unless he or she sooner vacates office by reason of death, resig nation, retirement, or disqualification, vacate his or her office as a member of the Chatham Islands County Council when the members of the Chatham Islands Council elected at the first election of the Chatham Islands Council come into office. (7) This section shall come into force on the day on which this Act receives the Royal assent. Procedure 9 Public notice Where the Chatham Islands Council is required to give public notice under any Act, that public notice shall consist of— (a) notices or placards affixed to a noticeboard that is ac cessible to the public without charge in Waitangi, Kain garoa, Owenga, and Pitt Island; and (b) broadcasts transmitted on not less than 2 days on radio or television received generally within the Chatham Is lands Territory (with 2 or more broadcasts on each of those days), which broadcasts shall specify— (i) that the Chatham Islands Council is giving public notice; and (ii) the general effect of the notice; and (iii) each of the locations at which the public notice can be accessed under paragraph (a) and each of the places at which copies of the notice can be obtained. Annual reports 10 Annual plan [Repealed] Section 10: repealed, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84). 6 Reprinted as at 1 July 2013 Chatham Islands Council Act 1995 s 13 11 Annual report [Repealed] Section 11: repealed, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84). 12 Public inspection of reports Where the Chatham Islands Council adopts a report under sec tion 10 or section 11, the Chatham Islands Council— (a) shall make that report available for public inspection at its office; and (b) shall make copies of that report available to the public— (i) free of charge; or (ii) at a reasonable charge; and (c) shall, within 20 working days after its adoption, send copies of that plan and report to— (i) the Secretary for Local Government; and (ii) the Controller and Auditor-General; and (iii) the Parliamentary Library. Compare: 1974 No 66 ss 223D(7), 223E(9); 1989 No 29 s 24(1); 1991 No 49 s 17(2) Financial systems 13 Financial systems (1) The Chatham Islands Council shall adopt financial systems and reporting and record keeping procedures in accordance with this section and shall in addition establish and maintain a system of internal control designed to provide reasonable as surance as to the integrity and reliability of financial reporting of the Chatham Islands Council. (2) The Chatham Islands Council shall adopt financial systems and reporting and record keeping procedures that shall— (a) identify the expenses, revenues, and financial perform ance of the various activities of the Chatham Islands Council and of each of its significant activities: (b) correctly record and correctly explain the transactions of the Chatham Islands Council: (c) at any time enable the financial position of the Chatham Islands Council to be determined with reasonable ac curacy: 7 s 14 Chatham Islands Council Act 1995 Reprinted as at 1 July 2013 (d) enable a fair reflection of the financial position and per formance of the Chatham Islands Council to be pre sented at the end of the financial year: (e) enable the financial statements for the Chatham Islands Council to be readily and properly audited: (f) show in a full and complete manner— (i) all revenue and expenses: (ii) all assets and liabilities including contingent li abilities and guarantees: (iii) the application of all funds held or received for any particular purpose (such as special funds, rates, targeted rates, and trusts) and the amount and location of such funds while held by the Chatham Islands Council: (g) enable the Chatham Islands Council to prepare the fund ing and financial policies required by section 102 of the Local Government Act 2002 and to comply with the principles of financial management set out in section 101 of the Local Government Act 2002. (3) Nothing in section 223F of the Local Government Act 1974 applies in respect of the Chatham Islands Council. Section 13: substituted, on 27 July 1996, by section 9 of the Local Government Amendment Act (No 3) 1996 (1996 No 83). Section 13(2)(f)(iii): amended, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6). Section 13(2)(g): substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84). Council dues 14 Power to levy council dues (1) The Chatham Islands Council may, in accordancewith the pro visions of this Act, levy dues on goods imported into or ex ported from the Chatham Islands Territory by anymeans what soever. (2) The Chatham Islands Council may from time to time decide, not less than 14 days after giving public notice of its intention to do so, to fix by resolution rates of dues payable under this section. 8 Reprinted as at 1 July 2013 Chatham Islands Council Act 1995 s 14 (3) Without limiting the powers conferred upon the Chatham Is lands Council by this section, the Chatham Islands Council, by a resolution that levies dues under this Act and is made not less than 14 days after the Council has given public notice of its intention to do so, may— (a) provide for dues to be levied on— (i) any specified goods: (ii) goods of any specified class or classes: (iii) all goods except goods of a specified class or of specified classes: (iv) all goods imported into or exported from the Chatham Islands Territory by any means what soever: (b) provide for dues to be levied at different rates in respect of different goods or different classes of goods or both: (c) specify, in relation to goods imported into or exported from any island within the Chatham Islands Territory, a rate of dues that is different from that payable in re spect of goods imported into or exported from the other islands within the Chatham Islands Territory: (d) specify, in relation to goods carried by sea, a rate of dues that is different from that payable in respect of goods carried by air: (e) specify the basis of measurement by which the amount of the dues payable in respect of any specified goods or any specified class of goods is to be determined: (f) specify the period of time within which dues on any goods or any class of goods are to be paid: (g) specify any goods or any classes of goods in respect of which dues are not payable: (h) specify circumstances in which dues are not to be payable in respect of any goods. Compare: 1980 No 6 (L) s 4 Section 14(2): substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84). Section 14(3): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84). 9 s 15 Chatham Islands Council Act 1995 Reprinted as at 1 July 2013 15 Application of proceeds of council dues All money received by the Chatham Islands Council from council dues collected in accordance with this Act shall form part of the general revenues of the Chatham Islands Council. Compare: 1980 No 6 (L) s 5 16 Persons liable to pay council dues (1) The persons jointly and severally liable to pay council dues in respect of any goods carried in any ship or aircraft are as follows: (a) the owner of the goods: (b) any consignor, consignee, shipper, or agent for the sale or custody of the goods: (c) any person entitled to the possession of the goods either as owner or agent for the owner: (d) in the case of goods landed from a ship or unloaded from an aircraft and not claimed within 7 days thereafter, the owner and master of the ship or, as the case may be, the owner and pilot of the aircraft. (2) The consignor and consignee of any goods carried in a ship or aircraft shall, until the contrary is shown, be deemed to be the persons so named in the manifest of the ship or aircraft, as the case may be. (3) Notwithstanding subsection (1), the Chatham Islands Council may from time to time, by written notice given to any person (being a person who operates a ship or aircraft between the Chatham Islands Territory and any other part of NewZealand), require that person to collect, on behalf of the Chatham Is lands Council, any council dues payable in respect of goods imported into or exported from the Chatham Islands Territory on any ship or aircraft operated by that person. (3A) A person required by notice under subsection (3) to collect council dues on behalf of the Chatham Islands Council— (a) holds the dues collected in trust for the Chatham Islands Council; and (b) must pay those dues into a separate account at a bank. (4) A person in respect of whom a notice under subsection (3) is in force— 10 Reprinted as at 1 July 2013 Chatham Islands Council Act 1995 s 16 (a) shall be entitled to reimbursement of all reasonable costs and expenses (including reasonable remuneration for clerical and other work) incurred in collecting dues and in complying with subsection (5); and (b) may, with the agreement of the Chatham Islands Coun cil, retain, in payment of the reimbursement to which that person is entitled under paragraph (a), an agreed amount or proportion of any council dues collected by that person. (5) Where any person is required by a notice given under sub section (3), to collect council dues payable in respect of goods carried on any ship or aircraft, that person shall, within 28 days after the end of each month in which any council dues are col lected by that person, pay to the Chatham Islands Council the amount of the council dues so collected (less any amount re tained by that person in accordance with any agreement en tered into under subsection (4)(b)) and shall deliver to the Chatham Islands Council, at the same time, a return setting forth— (a) particulars of the goods in respect of which the council dues were paid; and (b) the dates on which the council dues were paid to that person; and (c) the names of the persons by whom the council dues were paid; and (d) the dates on which the goods were imported into or ex ported from the Chatham Islands Territory; and (e) particulars of the ships or aircraft on which the goods were carried; and (f) the amounts (if any) retained by that person in accord ance with any agreement entered into under subsection (4)(b); and (g) such other relevant particulars as the Chatham Islands Council may from time to time require. (5A) If a person required by notice under subsection (3) to collect council dues does not pay them to the Chatham Islands Coun cil in accordance with subsection (5), the Chatham Islands Council may— 11 s 17 Chatham Islands Council Act 1995 Reprinted as at 1 July 2013 (a) add to the amount owing a penalty of 10% of the amount owing; but (b) remit all or part of a penalty added under paragraph (a). (5B) Subsection (5A) applies only to council dues that are payable 3 months or more after the commencement of the Chatham Islands Council Amendment Act 2002. (6) The Chatham Islands Council may at any time revoke a notice given under subsection (3) by giving to the person to whom that notice was given awritten notice revoking the notice given under subsection (3). (7) Every person commits an offence and is liable on conviction to a fine not exceeding $1,500— (a) who fails to comply with a notice under subsection (3); or (b) who fails to comply with subsection (5). Compare: 1980 No 6 (L) s 7 Section 16(3A): inserted, on 19 December 2002, by section 3(1) of the Chatham Islands Council Amendment Act 2002 (2002 No 61). Section 16(5A): inserted, on 19 December 2002, by section 3(2) of the Chatham Islands Council Amendment Act 2002 (2002 No 61). Section 16(5B): inserted, on 19 December 2002, by section 3(2) of the Chatham Islands Council Amendment Act 2002 (2002 No 61). Section 16(7): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). 17 Right to hold owner’s money Every person referred to in section 16 who is liable to pay council dues under this Act (other than the owner of the goods) may, out of any money in his or her hands received on account of those goods or belonging to the owner thereof, retain the amount of any council dues so paid by that person, together with any reasonable expenses that that person may have in curred by reason of the payment and liability. Compare: 1980 No 6 (L) s 8 18 Information to be supplied by importer and exporter (1) Where a ship or aircraft is to arrive in the Chatham Islands Territory, the master in command of the ship or the pilot in command of the aircraft or the agent of the master or pilot in command shall, before the arrival of the ship or aircraft at its 12 Reprinted as at 1 July 2013 Chatham Islands Council Act 1995 s 20 destination in the Chatham Islands Territory, transmit to the Chatham Islands Council, or an officer or agent of the Chatham Islands Council, by facsimile or other means of communica tion, a copy of the bills of lading, freight lists, or manifest of the goods intended to be landed from the ship or aircraft, or other proper account of all goods intended to be landed from the ship or aircraft, and the name or names of the consignees to whom the goods are intended to be delivered. (2) Every such bill of lading, freight list, manifest, or other ac count— (a) shall contain full particulars of the number of items, weights, or measurements of the goods, according as freight is payable thereon by number, weight, or meas urement; and (b) shall show the amount of the freight charge. (3) Every person exporting goods from the Chatham Islands Ter ritory shall, before the goods are loaded on the ship or aircraft, deliver to the chief executive of the Chatham Islands Council, or other person nominated by the Chatham Islands Council, a true and full account of all the goods, containing full particu lars of the number of items, weights, or measurements of the goods as required by the Chatham Islands Council (which ac count shall include the amount of the freight charge). Compare: 1980 No 6 (L) s 10 Section 18(3): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84). 19 Verification of cargo The Chatham Islands Council may, for the purpose of ensuring that council dues are paid, verify the goods being imported into or exported from the Chatham Islands Territory. 20 Verification Officers (1) The Chatham Islands Council may, for the purposes of sec tion 19, from time to time appoint any officer or agent of the Council as a Verification Officer. (2) Where any Verification Officer has reasonable cause to believe that any goods on which council dues are payable are being transported, or have been transported, or are to be transported 13 s 21 Chatham Islands Council Act 1995 Reprinted as at 1 July 2013 by ship or aircraft to or from the Chatham Islands Territory, that Verification Officer may, for the purpose of verifying the accuracy of any information provided to the Chatham Islands Council or its officer or agent under section 18,— (a) require any such ship or aircraft to be stopped: (b) search any such ship or aircraft: (c) open, or require to be opened, any container that— (i) is being transported on any such ship or aircraft; or (ii) has been transported on any such ship or aircraft; or (iii) is to be transported on any such ship or aircraft. (3) Every person commits an offence and is liable on conviction to a fine not exceeding $1,500 who wilfully obstructs or hinders any Verification Officer in the execution of his or her duties. Section 20(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). 21 Warrant of appointment (1) The Chatham Islands Council shall supply to every officer or agent appointed as a Verification Officer under section 20 a written warrant under the seal of the Chatham Islands Council evidencing that the appointed officer or agent has the authority vested in a Verification Officer by that section. (2) The production by any person of the warrant provided under subsection (1) shall be sufficient proof of that person’s author ity to act as a Verification Officer. (3) Every Verification Officer shall, if so required, produce the warrant supplied to that Verification Officer under subsection (1) before exercising any power under section 20. (4) Every person appointed as a Verification Officer shall, on the termination of his or her appointment, surrender to the Chatham Islands Council the warrant supplied to that person under subsection (1). 22 Offence of acting without warrant Every person commits an offence and is liable on conviction to a fine not exceeding $1,500 who, not being the holder of a 14 Reprinted as at 1 July 2013 Chatham Islands Council Act 1995 s 25 warrant under section 21, represents himself or herself to be a Verification Officer. Section 22: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). 23 Offences of masters, owners, etc (1) Every person commits an offence who, being a master, owner, consignor, consignee, shipper, aircraft pilot, or agent,— (a) evades or attempts to evade the payment of any council dues; or (b) makes a false declaration in respect of any goods liable to payment of council dues. (2) Every person who commits an offence against subsection (1) is liable on conviction— (a) to a fine not exceeding $1,500; or (b) where the amount of the council dues which that person has evaded or attempted to evade or in respect of which that person hasmade a false declaration exceeds $1,500, to a fine not exceeding the amount of those dues. (3) The imposition on any person of a fine upon that person’s con viction for an offence against subsection (1) does not preclude the Chatham Islands Council from recovering the amount of any unpaid council dues in respect of any goods to which the offence related. Compare: 1980 No 6 (L) s 11 Section 23(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). 24 Recovery of unpaid dues The amount of any unpaid council dues may be recovered by the Chatham Islands Council as a debt in any court of compe tent jurisdiction from any person liable to pay them under this Act. Compare: 1980 No 6 (L) s 12 25 Saving of other powers of Council (1) Council dues under this Act may be levied and collected in addition to any levies and charges made pursuant to this Act or any other Act. 15 s 26 Chatham Islands Council Act 1995 Reprinted as at 1 July 2013 (2) The Chatham Islands Council may appoint the same officer or agent to collect both council dues and any other fees, charges, or dues which it is empowered to charge or levy by virtue of any other Act. Compare: 1980 No 6 (L) s 13 Resource management 26 Resource management planning (1) The Chatham Islands Council shall have a single resource management document. (2) That document shall contain all that information that the Resource Management Act 1991 requires be contained in— (a) a regional policy statement; and (b) a regional coastal plan; and (c) a district plan. (3) That document may contain, in addition, provision for— (a) such matters as are provided for in section 67 of the Resource Management Act 1991; and (b) regional rules made in accordance with section 68 of the Resource Management Act 1991. (4) The Chatham Islands Council may develop, in addition to the document specified in subsection (1), one or more regional plans in accordance with section 65 of the Resource Manage ment Act 1991. (5) Notwithstanding section 28(b) of the Resource Management Act 1991, the Minister of Conservation shall have the function of approving such part of the document specified in subsection (1) as relates to the coastal marine area. (6) The Chatham Islands Council shall publicly notify the pro posed Chatham Islands resource management document no later than 2 years after the commencement of this Act. 27 Time periods for consent hearings Where the ResourceManagementAct 1991, or any regulations made pursuant to that Act, specifies any period of time within which the consent authority or any other person must perform any action in the course of the consent hearing process, and where the consent is required for an activity within the area 16 Reprinted as at 1 July 2013 Chatham Islands Council Act 1995 s 30 of the Chatham Islands Territory, that time period shall be ex tended by 5 working days. 28 Enforcement officers Notwithstanding section 38 of the Resource Management Act 1991, the Chatham Islands Council may authorise— (a) any of its officers; or (b) any of the officers of the new Ministry or the Ministry of Fisheries or the Department of Conservation or the New Zealand Police, subject to such terms and condi tions as to the payment of salary and expenses and as to the appointment of his or her duties as may be agreed between the relevant authorities,— to carry out all or any of the functions and powers as an en forcement officer under that Act. Section 28(b): amended, on 1 March 1998, pursuant to section 5(1)(c) of the Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100). Bylaws 29 Bylaws (1) The Chatham Islands Council may make bylaws to do all or any of the following things: (a) regulate the time when and place at which council dues are payable: (b) provide for such other matters as may be necessary to enable the objects of this Act to be carried out effectu ally. (2) Nothing in subsection (1) limits the power of the Chatham Islands Council to make bylaws under any other Act. Compare: 1980 No 6 (L) s 9 Repeals, amendments, and transitional provisions 30 Repeals The following enactments are hereby repealed: (a) the Chatham Islands County Council Empowering Act 1980: 17 s 31 Chatham Islands Council Act 1995 Reprinted as at 1 July 2013 (b) the Chatham Islands County Council (Rates and Dues Validation) Act 1991. 31 Amendments to Local Government Act 1974 [Repealed] Section 31: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84). 32 Amendment to Ombudsmen Act 1975 Amendment(s) incorporated in the Act(s). 33 Amendment to Local Government Official Information and Meetings Act 1987 Amendment(s) incorporated in the Act(s). 34 Amendment to Rating Powers Act 1988 [Repealed] Section 34: repealed, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6). 35 Amendment to Resource Management Act 1991 [Repealed] Section 35: repealed, on 7 July 2004, by section 4 of the Chatham Islands Council Amendment Act 2004 (2004 No 60). 36 Amendment to Biosecurity Act 1993 Amendment(s) incorporated in the Act(s). 37 Amendments to Income Tax Act 1994 [Repealed] Section 37: repealed, on 1 April 2005 (effective for 2005–06 tax year and later), by section YA 2 of the Income Tax Act 2004 (2004 No 35). 38 Transitional provisions The provisions of the Schedule shall apply in respect of the dissolution of the former council and the establishment of the Chatham Islands Council. 18 Reprinted as at 1 July 2013 Chatham Islands Council Act 1995 Schedule Schedule s 38 Transitional provisions in relation to dissolution of Chatham Islands County Council and establishment of Chatham Islands Council 1 Transfer of responsibilities The Chatham Islands Council— (a) shall have and may exercise, and shall be responsible for, all of the powers, duties, acts of authority, and func tions which were exercised, or which could have been so exercised, by the former council had it not been dis solved; and (b) shall have and may exercise, and shall be responsible for, all liabilities, obligations, engagements, and con tracts which previously were, or which would have been, the responsibility of the former council had it not been dissolved; and (c) shall have and may exercise, and shall be responsible for, all of the actions, suits, and proceedings pending by or against the former council, or which would have been the responsibility of the former council had it not been dissolved. Compare: 1974 No 66 Schedule 3B cl 12; 1989 No 29 s 45(1) 2 Mayor and chief executive (1) Unless otherwise specified in this Act or any other Act, the Mayor of the Chatham Islands Council shall have and may exercise the duties, functions, and powers of the Mayor of the former council. (2) Unless otherwise specified in this Act or any other Act, the chief executive of the Chatham Islands Council has and may exercise the duties, functions, and powers of the principal ad ministrative officer of the former council. Compare: 1974 No 66 Schedule 3B cl 13; 1989 No 29 s 45(1) Schedule clause 2 heading: amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84). Schedule clause 2(2): substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84). 19 Schedule Chatham Islands Council Act 1995 Reprinted as at 1 July 2013 3 First meeting The first meeting of the Chatham Islands Council— (a) shall be convened by the principal administrative officer of the Chatham Islands Council; and (b) shall be held no later than 14 November 1995. 4 Transfer of staff (1) Subject to any contract of employment, every employee em ployed by the former council as at 31 October 1995 shall be come on 1 November 1995 an employee of the Chatham Is lands Council. (2) The contract of employment of every employee to whom sub clause (1) applies shall, for the purposes of every law, award, determination, contract, and agreement relating to the employ ment of that person, be deemed not to have been broken by that employee’s change of employer, and the period of employ ment with the former council shall be deemed to have been a period of service with the Chatham Islands Council. (3) No person to whom subclause (1) applies shall be entitled to receive any payment or benefit by reason only of that person ceasing to be an employee of the former council. 5 Vesting of property All property, real and personal, vested in the corporation of the former council as at the close of 31 October 1995 is hereby vested in the corporation of the Chatham Islands Council, sub ject to all existing encumbrances. Compare: 1974 No 66 Schedule 3B cl 14; 1989 No 29 s 45(1) 6 Bylaws (1) All bylaws of the former council that, at the close of 31 Oc tober 1995, are in force in the Chatham Islands County shall become bylaws of the Chatham Islands Council; and every such bylaw shall, subject to subclause (2), continue in force and have effect in the area in which it was in force as at the close of 31 October 1995. (2) The Chatham Islands Council may revoke or amend any bylaw continued in force by subclause (1). 20 Reprinted as at 1 July 2013 Chatham Islands Council Act 1995 Schedule 7 Special orders (1) Every special order of the former council that is in force at the close of 31 October 1995 shall, subject to subclause (3), continue in force, with all necessary modifications. (2) Without limiting subclause (1), every special order of the former council which has been made under section 4 of the Chatham Islands County Council Empowering Act 1980 and which is in force at the close of 31 October 1995 shall, subject to subclause (3), continue in force as if that special order had been made under section 14. (3) The Chatham Islands Council may revoke or amend any spe cial order continued in force by this clause. 8 Annual report to public concerning plans Notwithstanding section 10(7), the report that, under section 223D of the Local Government Act 1974, was adopted by the former council in respect of the financial year ending with 30 June 1996 shall have effect as if it had, under section 10, been adopted by the Chatham Islands Council in respect of that financial year. 9 Annual report to public concerning performance (1) Notwithstanding section 11(11), where the former council has not, at the close of 31 October 1995, adopted the report re quired to be adopted, under section 223E(1) of the Local Gov ernment Act 1974, in respect of the financial year that ended with 30 June 1995, the Chatham Islands Council shall, as if it were the former council, prepare and adopt, under section 223E(1) of the Local Government Act 1974, a report in re spect of that financial year. (2) Notwithstanding anything in section 3 or section 6, the annual report prepared and adopted by the Chatham Islands Coun cil under section 11 for the year ending with 30 June 1996 shall assess the performance of both the former council and the Chatham Islands Council over the whole of the period of 12 months ending with 30 June 1996 and, for the purposes of that report, section 11 shall be read as if the references to the report adopted in respect of that financial year under section 10 were references to the report to which clause 8 refers. 21 Schedule Chatham Islands Council Act 1995 Reprinted as at 1 July 2013 10 Rates, dues, and other money All rates, dues, or other money that would have been payable to the former council if it had not been dissolved shall be due and payable to the Chatham Islands Council. Compare: 1974 No 66 Schedule 3B cl 17(1); 1989 No 29 s 45(1) 11 Valuation rolls, electoral rolls, and rate records The valuation rolls, electoral rolls, and rate records in force, as at the close of 31 October 1995, in the district of the Chatham Islands County Council shall continue in force in that district until new rolls or records are made by the Chatham Islands Council. Compare: 1974 No 66 Schedule 3B cl 20; 1989 No 29 s 45(1) 12 Certain matters not affected by transfer of functions, duties, or powers Nothing effected or authorised by this Act— (a) shall be regarded as placing any local authority, or any other person, in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or (b) shall be regarded as giving rise to a right for any person to terminate or cancel any contract or arrangement or to accelerate the performance of any obligation; or (c) shall be regarded as placing any local authority, or any other person, in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer of any property or the disclosure of any information; or (d) shall release any surety wholly or in part from any obli gation; or (e) shall invalidate or discharge any contract or security. Compare: 1974 No 66 s 37ZZX; 1989 No 29 s 10(1) 13 Registers (1) No Registrar of Deeds or District Land Registrar or any other person charged with the keeping of any books or registers shall be obliged, solely by reason of clause 5, to change the name 22 Reprinted as at 1 July 2013 Chatham Islands Council Act 1995 Schedule of the former council to that of the Chatham Islands Council in those books or registers or in any document. (2) The presentation to any Registrar or other person of any instru ment, whether or not comprising any instrument of transfer by the Chatham Islands Council— (a) executed or purporting to be executed by the Chatham Islands Council; and (b) relating to any property held by the former council as at the close of 31 October 1995; and (c) containing a recital that the property has been vested in the Chatham Islands Council by virtue of clause 5,— shall, in the absence of proof to the contrary, be sufficient evi dence that the property is vested in the Chatham Islands Coun cil. (3) Except as otherwise provided in this clause, nothing in this Act shall derogate from the provisions of the Land Transfer Act 1952. 14 Remuneration Nothing in section 101ZZQ of the Local Government Act 1974 shall apply in respect of the first determination of re muneration made after the commencement of this clause in relation to the Chatham Islands Council. 23 Chatham Islands Council Act 1995 Reprinted as at 1 July 2013 Local Government (Rating) Act 2002 Public Act 2002 No 6 Date of assent 30 March 2002 Commencement see section 2 1 Title This Act is the Local Government (Rating) Act 2002. Part 1 Preliminary and key provisions Subpart 1—Preliminary provisions 2 Commencement (1) Section 137(1), so far as it relates to the item relating to section 122ZAA of the Local Government Act 1974 in Schedule 5, comes into force on the day after the date on which this Act receives the Royal assent. (2) The following provisions come into force on the day after the date on which this Act receives the Royal assent, but only for the purpose of rating in a financial year that begins on or after 1 July 2003: (a) section 11, so far as it relates to district valuation rolls; and (b) section 137(1), so far as it relates to— (i) Schedule 4; and (ii) items relating to the Rating Valuations Regula tions 1998 in Schedule 5. (3) The following provisions come into force on 30 April 2003: (a) section 11, so far as it relates to rating information databases; and (b) sections 27 to 36. (4) The rest of this Act comes into force on 1 July 2003. 24 Reprinted as at 1 July 2013 Chatham Islands Council Act 1995 Part 5 Replacement of rates and miscellaneous matters Subpart 2—Miscellaneous matters Amendments, savings, repeals of other enactments, and transitional provisions 137 Amendments to other enactments (1) The Acts and regulations specified in Schedules 4 and 5 are amended in the manner indicated in those schedules. (2) However, those Acts and regulations continue in force as if they had not been amended to the extent necessary for the levy ing and collection of rates made or levied for the financial year ending on 30 June 2003 or a previous financial year. 25 Notes Chatham Islands Council Act 1995 Reprinted as at 1 July 2013 Contents 1 General 2 Status of reprints 3 How reprints are prepared 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 5 List of amendments incorporated in this reprint (most recent first) Notes 1 General This is a reprint of the Chatham Islands Council Act 1995. The reprint incorporates all the amendments to the Act as at 1 July 2013, as specified in the list of amendments at the end of these notes. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/. 2 Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint. This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained. 3 How reprints are prepared A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and 26 Reprinted as at 1 July 2013 Chatham Islands Council Act 1995 Notes provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force. 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted. A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also beenmade since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint. In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) • typeface and type size (Times Roman, generally in 11.5 point) • layout of provisions, including: • indentation • position of section headings (eg, the number and heading now appear above the section) • format of definitions (eg, the defined term now appears in bold type, without quotation marks) • format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) 27 Notes Chatham Islands Council Act 1995 Reprinted as at 1 July 2013 • position of the date of assent (it now appears on the front page of each Act) • punctuation (eg, colons are not used after definitions) • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly • case and appearance of letters and words, including: • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) • small capital letters in section and subsection references are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly • running heads (the information that appears at the top of each page) • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological). 5 List of amendments incorporated in this reprint (most recent first) Criminal Procedure Act 2011 (2011 No 81): section 413 Chatham Islands Council Amendment Act 2010 (2010 No 52) Chatham Islands Council Amendment Act 2004 (2004 No 60) Income Tax Act 2004 (2004 No 35): section YA 2 Local Government Act 2002 (2002 No 84): sections 262, 266 Chatham Islands Council Amendment Act 2002 (2002 No 61) Local Government (Rating) Act 2002 (2002 No 6): section 137(1) Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100): section 5(1)(c) Local Government Amendment Act (No 3) 1996 (1996 No 83): section 9 28 Reprinted as at 1 July 2013 Chatham Islands Council Act 1995 Notes 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2013 29