5" GEORGII V, No.
I 182. 51-
PART xi.169.
The following provisions shall apply to an appeal under A ~ ~ l ~ f m m d o a h i o nthis Part to the Local Court from the decision of a Council :- of ouncil.
D.C. Act, 1887,
(I) Such appeal shall be commenced within ten days from such m- 160-
decision by a notice in the form in the Eleventh Schedule, or in a form to the like effect:
(2) Such notice shall be served on the District clerk and tha clerk of the Local Court :
(3) Such appeal shall be set down for hearing at the sittinga of the Local Court next after ten days from the service of such notice on the.clerk of the Local Court:
(4) On the hearing the District clerk shall produce the assessnlent- book; and
( 5 ) Suhject to sub-section (4) of section 17 1, the Local Court may, on the day of hearing, or at some adjournment of the hearing, make such order as appears just, and shall cause any alteration occasioned by the decision of the appeal to be made in t,he assessment-book by the clerk of the Local Court.
170.
(1) Subject to sub-section (4) of section l7
1, the Local " t s a ~ ~ e d .Court, on the hearing of any appeal under this Part, may make D.C. Act, 1887,
such order as to the costs of' such appeal, and of the previous sec. 161.
appeal (if any) to the Council, as it thinks fit.
( 2 ) Payment of such costs may be enforced in the same manner as a judgment cf the Local ~ o u g t .
171.
(1) The decision of the Local Court on any appeal under Decision on appeal to be final, but canethis Part shall be final: Provided that such Court may, if i t thinks
,,,
be ,hted on afit, at any stage of the appeal, and upon such terms as it thinks fit, que8tionof law.
state a case for the opinion of the Supreme Court upon any question D.C. A O ~ , 1887, eec.
which, in the opinion of such Local Court, is a question of law. additions. 14 7 (part) with
(2) The Supreme Court shall deal with such special case according to the practice of the Supreme Court on special cases, and may make such order therein, including any order as to the costs of the proceedings in that Court and in the Court below, as t o the Supreme Court appears just.
(3) The Supreme Court may send the special case back for amendment, or may itself amend the same.
(4) The Local Court shall make an order in respect of the matters referred to the Supreme Court, in conformity with the certificate of the Supreme Court or a Judge thereof.
172,
No Special Magistrate or Justice shall be disqualified from Special Nagistrate cr Justice not ais-adjudicating on an appeal to a Local Court under this Part by reason Jitisd a only of his being a ratepayer of the District any assessment for which ratepayer.
is in question. D.C. A C ~ , 1887,
173.
When aec. 1.18.5" GEORGII V, No. 1182.
~ f ~of i~ o c e ~ ~ n
173.
When an alteration has been made in respect of value inCourt
a n d good On appesl until to 01- the assessment-book by order of a Local Conrt on appeal as afore-
of the iinmoial year said, no firther alteration shall be mado by the Council in respect
and till new general
~sesament . of value in the assessment so altered, until after the close of the then
D.C. Act, 1887, current financial year of the Council, and then only upon the
sec. 153 altered. making of a new general assessment or the adoption of a previous general assessment with alterations or additions.
PART XIT.
RATES.
DIVISION I. DIVISXON I.-RATE EBTIMATE.
Befom m d n rite
174.
(1) The Council, before proceeding to declare any rate byCouncil to msfjre esti-
m m , and keep it in a this Act authorised, shall cause an estimate to he prepared of the
bookforins~cction- money required for the several purposes in respect of which they
D c. ~ c t , 1887, are authorised to expend or apply the District fund.
me. 164.
(2) Such estimate shall show-
(a) The several sums (if any) already available for such pur- poses ;
( b ) The several sums required ;
(c) The ratable value of the property assessable; and
( d ) The rate on each Pound of such value necessary to raise the money required.
(3) Such estimate, after being approved of by the Council, shall be entered in a book, to be called the '' Rate Estimate Book," which sha.11 be kept at the District office, and shall be accessible to the ratepayers at all reasonable hours.
General rate for the ear not to exceed
175.
(1) After making such estimate, and after twenty-one daysGno
shilling. in the have elapsed from the giving of public notice of an assessment,Pound. the Council shall, for the general purposes of this Act, declare a
D.C. ~ c t , 1087, rate, to be called a general rate, on the property assessed for the
rec. 166, altored.
year ending the thirtieth day of June next after the declaring of the rate.
(2) Such rate shall not be less than One Shilling in the Pound, nor exceed Two Shillings in the Pound, on the assessed value of such property.
I D ~ V I S I O N 111. D I V I $ I O N 111.-SPECIAL
RATE.
Special rate m a y be
deoltwed for execution
176.
(1) Subject to the provisions of this Division, if the generalof permanent work@. rate is insufficient for the execution of any .permanent work or
D.C. M, 1887, undertaking by this or any other Act auth&iskd to be done by the
m. 168. Coumil, and if the same has not been provided for by a separate
rate, the Council, by a resolution passed by a majority of all the councillors thereof, may declare a special rate on the ratable ProPertY
5
' GEORGII V, No.
I182.
53p- - P
Th
f i t & CouGk Act.-1914. PABT X I I .-
Drvrsro~ 111.property within the District for the year ending the thirtieth day of June next after the declaring of such special rate.
(2) Such special rate, together with the general rate, shall not Limitof nte.
exceed Two Shillings and Six Pence in the Pound in any one year on the assessed value of ratable property within the District.
177.
(1) No special rate shall be declared under section 176 N? a ~ e o i a l m b without consent ofwithout the consent of the ratepayers, to be obtained at a meeting of ratepayers called by the Council.
(2) At every such meeting the chairman shall, in the usual way, h n d Valuee Aaaeea- ment Act, 1893,
take a show of hands for every proposition and amendment touching
,,,.
3.the object of the meeting, and shall declare that proposition carried . for which, i n his opinion, the largest show of hands appears.
178.
(1) Immediately after declaring the result of the show of R a t e ~ ~ e m m a ~ demand poll.hands at any such meeting the chairman shall publicly inquire from the meeting whether any ratepayers demand a poll.
(2) Within the period of fifteen minutes after the making of Poll may be
such inquiry any six ratepayers of the District may demand a L.V. Asseeament A C ~ ,
poll by giving notice in writing of such demand to the chairman of 189311ao. **
the meeting. The decision of such chairman on the question, whether or not any such demand was duly made, shall be final.
(3) If any such demand is duly made, such chairman shall thereupon appoint a day, not later than eight days thereafter, to take a poll of the ratepayers on the subject.
(4) Such poll shall be taken in manner provided in Part XXI.
179.
A majority in number of the ratepayers in respect of the Ratepayeramay memonalise forratable property within any portion of a District, such majority apeci,iBo
rrpresentmg not less than two-thirds in value of such property, D.c. het, 1887
may address a memorial to the Council requesting them to construct sec. 157.
any specific works for the benefit of such iortion'bf the District.
180.
Such memorial shall-.. Contents of memorial.( a ) Set forth a description of the proposed works; sec. D.C. 168. ~ c t , 1887.
( b ) Define the portion of the District that would be benefited by the construction of such works ;
(c) State the names of all the ratepayers of such portion of the District, the assessed value of all the ratable property therein, and the assessed value of the ratable property held therein by each of the signatories ; and
( d ) Name a certain amount in the Pound of such value which the signatories are willing to pay for each and every year thereafter as a separate rate for the purposes of the pro- posed works, and to meet the cost of their maintenance.
181,
such5' GEORGII V, No.
I 182.Memorial to be verified.
D.C. Act, 1887, m. 169.
Council may make ratan and execute works in accordtrnoe with memorial.
D.C. Aot, 188i, sec. 160.
The
District Councils Act.-1914.181.
Such memorial, and the signatures thereto, shall be verified by the statutory declaration or declarations of one or more of the signatories.282.
If it appears to the Council that it is de~irable to comply with the memorial, and that the proposed works will in no way be disadvantageous to the interests and requirements of any other portion of the llistrict, they may--( a ) Cause plana, estimates, and full details of the proposed works to be prepared ;
( b ) For the purposes of such works declare for one year ending on the thirtieth day of June, or for several years each ending as aforesaid, a separate rate or rates ;
( c ) Raise a loan in manner by this Act provided in respect of loans ; and
(d) Cause the works to be executed.
seprabntwfor8u0h
183.
(1) Such separate rate or rates shall not exceed in the wholeworh to be payable
by r t l ~ ratepayem for any one year the amount of the separate rate mentioned in the
w i t b i n ~ r t O f
affected. Dbtrict memorial desiring the particular works.
D.C. A C ~ , 1887, (2) Such rate or rates shall be payable by all the ratepayers
W. 181.
within the portion of the District defined in such memorial.
(3) The resolution declaring such rate shall define such portion in accordance with the memorial.
Bepateaccount to be
184.
Whenever a separate rate is declared the Council shall-kept of separate rate.
D.C. A C ~ , 183 7, (a) Cause a separate and distinct account to be kept of. all moneys
sec. 162.
collected, and of all payments and disbursements, in respect of such rate ; and
( b ) Apply the said moneys for the purposes for which the rate was authorised, and not otherwise.
Unexpended Balance of lSpecial or Separate Rate.
A p p r o p ~ t i o n o f u n -
185.
I n the event of the abandonment or completion of theexpended balance of
special or *parate works and undertakings for which a special or separate rate has
rate. been declared, the unex~ended balance of such rate shall be credited
D.c. ~ c t , 1887, to the persons paying the same, as against the general rate payable
sec. 183.
next after such abandonment or completion.
Rate in wards need
not be the same.
186.
The Council may make and levy a differential separate rateD.C. Amendment Act, upon the ratable property in any ward or township within a ward
1904, B B C . ( ~ , a ~ ~ m d d . for sanitary or lighting purposes or for any permanent work or undertaking or for general purposes' in such ward or township:
Provided that-
(a) Every such rate made in respect of a ward or township shall be equal upon all the ratable property within .the
ward or township, and
(4
If. '5' GEORGII V, No. r
182.The
District ihuncik Act.--1914.( b ) If the total amount of the general rate and &l1 specid and separate rates declared upon such ratable property, and the proposed differential separate rate will in any one year exceed Two Shillings and Six Pence in the Pound on the assessed value of such property, such differential separate rate shall not be made or levied except subject to the provi- sions of sections 179, 180, and 181.
187.
(1) The Council may, in addition to any other rates, and without any consent of ratepayers, declare and levy a separate rate for defraying the expense of watering any public streets, roads, and places within any township, or any parts of any such streets, roads, and places.('2) Such rate shall be apportioned among sltd shall be paid by, the persons liable for general rates i l l respect of the ratable proper- ties fronting to the streets, roads, and places, or parts thereof, which are watered, ratably according to the lineal frontage of such ratable properties respectively.
DIVISION VTI. -PROVISIONS APPLICA RLE TO ALL
RATES.
188.
(1) Every rate when declared, whether under this or.any other Act, hall forthwith be entered by the clerk i.il the assessment- book according to the form in the Sixth Schedule.(2) The particulars therein required in respect of each such rate shall be entered in the proper column opposite the names of the ratepayers liable to pay the same respectively.
Watering rate.
Cf. M.C. Act, 1890, sec. 329.
Rate to be entered in assessment- book as in Schedule.
D.C. Act, 1887, eec. 164.
(3) The assessment-book shall at all times show a complete record of the moneys due in respect of every assessed property.
189.
(1) Within fourteen days after declaring any rate the Council PubEc to be given of making ofshall give notice in the Gazette of the nature and amount thereof. rate.
D.C. dot, 1887,
(2) Such notice shall be in the form applicable thereto contained
. , , ,,,.
in the Twelfth Schedule or in a form to the like effect.