Canterbury Provincial Ordinances
3. The Canterbury Roads Ordinance Amendment Ordinance
[24th December 1872.]
Whereas it is expedient to adopt an Act of the General Assembly of New
Zealand intituled “The Canterbury Ratepayers’ Rolls
1872” and it is also expedient to amend “The Canterbury Roads
Be it therefore enacted by the Superintendent of the said Province of Canterbury, with the advice and consent of the Provincial Council thereof, as follows:
1. Repealing Sections 32, &c.
Sections numbered 32 and 79 of “The Canterbury Roads Ordinance
1872” shall be and the same are hereby repealed The description
Cust District in the second Schedule to the said. Ordinance shall be and the
same is hereby repealed and the said Cust District
shall be bounded as described
in Schedule D to this Ordinance.
2. Adoption of Ratepayers’ Roll Revision Act.
The said Act of the General Assembly of New Zealand is hereby adopted and
shall come into force in the Province of Canterbury on the
First day of June in
the year of our Lord One thousand eight hundred and seventy-three.
3. Coming into operation of following Sections.
The following sections of this Ordinance shall come into operation on the
First day of June in the year of our Lord One thousand eight
4. Repeal of Rating Sections in Ordinance 1872.
Sections of the said “Canterbury Roads Ordinance 1872” numbered from 37 to
59 both inclusive with the Schedules therein mentioned shall be and the same
are hereby repealed.
5. Description of Rateable Property.
All lands tenements and hereditainents shall be rateable property within the
meaning of this Ordinance save as is next hereinafter
excepted that is to say
except land the property of Her Majesty and land occupied or used for public
purposes by the Crown or the
Government of New Zealand or by the Province of
Canterbury or by the Board of the district and hospitals benevolent institutions
and buildings used exclusively for public charitable purposes churches chapels
and other buildings used exclusively for public worship
and buildings used as
athenaeums mechanics’ institutes public schools or as residences of
schoolmasters or scboolmistresses
thereof provided they be inhabited only by the
master or mistress of such schools or his or her family and burial
6. Ratepayers’ Roll to be made.
The Board of each District shall cause to be made a Ratepayers’ Roll according to the form given in Schedule A to this Ordinance which Roll shall contain the names in alphabetical order of all persons occupying property within the District liable to be rated according to the provisions of this Ordinance and also the names of the owners thereof And such Roll shall also contain the several particulars specified under each heading in the said form Provided that whenever the name of any owner liable to be rated or to be inserted in such roll cannot after diligent enquiry be ascertained it shall be sufficient to designate such owner as the “Owner” of the property rated without stating his name.
7. Ratepayers’ Roll for subdivision.
Where any district shall be divided into subdivisions the sections hereof
relating to the formation and amendment of the Ratepayers’
Roll shall be
read with reference to such District in manner following that is to say instead
of the Ratepayers’ Roll for the
District at large there shall be a
separate Ratepayers’ Roll for each subdivision of the District and the
Roll for each subdivision as amended and revised from time to
time and signed by the Chairman of the Board or not less than two members
Board shall. be the Ratepayers’ Roll for the subdivision and shall
continue in force for the said subdivision until
another Ratepayers’ Roll
shall have duly come into force for the same and subject to the provisions
herein contained shall
take effect according to their tenor respectively for
each separate subdivision of such district instead of the district at
8. Valuation to be made.
The Board of each district shall annually within two months after the thirtieth day of June in each year cause to be made for such district a valuation of all the rateable property within the district by competent persons to be called valuers and such valuers shall have such powers and duties as are hereinafter prescribed and the rates to be made by any Board of a district for the purpose of this Ordinance shall be made upon the valuation contained in the Ratepayers’ Roll for the time being in force for such district and in every such valuation the property rateable shall he computed at its net annual value (that is to say) at the
rent at which the same might reasonably be expected to let from year to year
free of all usual tenants’ rates and taxes and
deducting therefrom the
probable average annual cost of the repairs insurance and other expenses (if
any) necessary to maintain such
property in a state to command such rent
Provided that all rateable property which shall not since the sale alienation or
thereof by the Crown have been improved by building
cultivation or enclosure or in other like manner shall be computed as of the
annual value of live per centum upon the fair capital value of the fee simple
9. Valuer Empowered to Enter on Premises.
Every valuer shall for the purpose of making the valuation and return as
aforesaid have power to enter at all reasonable hours in
the daytime into and
upon all rateable property within the district without being liable to any legal
proceedings on account thereof.
10. Valuer Empowered to make Enquiries.
It shall be lawful for any valuer to put to any person in occupation or in
charge of any rateable property which such valuer shall
have been authorised
under the provisions hereof to value questions upon all such matters as shall be
necessary to enable such valuer
to state correctly the several partioulars
herein required to be stated in his valuation and return with regard to the
if after being informed by such valuer of his purpose in putting
such questions and of his authority under this Ordinance to put
the same any
such person in occupation or charge or any such owner shall refuse or wilfully
omit to answer the same to the best of
his knowledge and belief or shall
wilfully make any false answer or statement in reply to any such question such
person shall on
conviction forfeit and pay for every such offence a penalty not
exceeding Five Pounds.
11. Board to cause Roll to be Corrected.
The Board shaIl on or before the first Tuesday in the month of September in
each year cause the Ratepayers’ Roll to be corrected
both in respect to
the names of the persons liable to be rated and in respect to the description of
the rateable property entered
therein and shall also cause the annual value of
such property as assessed to be entered on such Roll.
12. Roll to be open for Inspection.
The Board shall cause copies of the Ratepayers’ Roll to be left for
inspection at one or more places within the District and
each Board shall
exhibit one copy of the Roll at the office of the Secretary for Public Works
Christchurch and shall on or before
the said first Tuesday in September give
public notice of the places where such corrected Roll and copies may be
inspected and such
Roll shall be open to the inspection of all Ratepayers and of
all persons claiming to be affected thereby or of any person authorised
in writing at all reasonable hours on every day not being a Sunday or public
holiday until the first Tuesday in the month
of October next following.
13. Notice to be sent to non-resident Ratepayers.
The Board shall within fourteen days after the completion of the Roll for
each year cause a notice in the form or to the effect in
the Schedule B to this
Ordinance to be sent through the post to any person or persons on the said Roll
who shall not be actually
resident within the district addressed to his last
known place of abode within the Province of Canterbury but not elsewhere and in
no case shall a person residing out of the district be liable for rates unless a
notice has been posted to him at his residence or
last known place of abode
within the Province of Canterbury and copies of the Ratepayers’ Roll of
the district have been exhibited
in accordance with the provisions of this
14. Power to Levy Rates.
The Board of every district shall once at least in every year and may from
time to time as they see fit in manner hereinafter mentioned
make and levy rates
to be called general rates equally upon all rateable property within such
district and no such rates made in
any one year shall exceed the amount of one
shilling in the pound of the annual value of such property and the Board of
may also make and levy special rates for the purposes and subject
to the provisions hereinafter expressed and contained.
15. Special Rates.
When it appears to the Board that any work or improvement is for the special
benefit of any particular portion of the district the
Board may for defraying
the expenses incurred in doing or executing such work by special order
distinctly defining such portion and
approved by the Superintendent make and
levy a rate or rates to be called a “special’ rate equally on all
situated within such portion and no rate or rates made in any
one year shall exceed in the aggregate the amount of two shillings
in the pound
of the annual value of such property Provided always that public notice shall be
given of the intention to levy such
a rate at least one month before the same is
levied and if within such time a protest be left at the office of the Board
at least one-half the ratepayers within such portion reckoned
according to their votes then such rate shall not be levied and such
rate so levied shall be expended only for the purposes for which the same has
been made anything herein contained to the
16. Time when Rates may be made.
Every rate made under this Ordinance shall be made for and in respect of such
period after the making of such rate as the Board shall
think fit and shall be
named by the Board when making the same but this section shall not prevent the
Board from making or levying
during any such period another rate if they shall
otherwise have power hereunder to make or levy the same.
17. Rates may be Retrospective.
The Board may make any such rate in. order to raise money to pay charges and
expenses to be incurred or in order to raise money to
pay charges and expenses
18. List to be Prepared before Levying Rate.
Previously to making or levying any rate the Board shall cause a list to be
prepared setting forth the amount of rate proposed to
be made the names of the
persons liable to the payment thereof the sum payable by each of such persons
the property in respect whereof
each such sum shall be payable and the time at
which such rate shall be paid and when such list shall have been completed and
by the Board the Board shall if it think fit order the rate therein
described to be made and levied and the list to be signed by
19. Notice to Pay Rate to be Served.
When any rate shall become due the Board shall cause a notice in the form set
forth in the Schedule C hereunto annexed to be served
by a Collector duly
authorised to receive the same upon every person liable to pay such rate and if
such rate be not paid on the
service of such notice it shall be paid at the
place named therein within thirty days after the service thereof and if not paid
thirty days it shall be forthwith recovered according to law.
20. Persons Liable.
Every rate whether general or special which the Board of any district is by
this Ordinance authorized to make or levy shall be made
and levied by them at
such periods as they shall think fit upon every person who occupies or if there
be no occupier then upon the
owner of any rateable property whatsoever within
such district according to the full net annual value of such property and the
rates shall be vested in the Board and shall be payable at such times
either the whole or in such parts or instalments as they shall
21. Rates how Payable, when Property is Jointly Occupied.
When any rateable property is jointly occupied or if unoccupied is jointly
owned by more persons than one each of such persons shall
be deemed to be the
occupier or owner of rateable property of equal annual value to that of the
whole of such first-mentioned property
divided by the number of such joint
occupiers or owners thereof.
22. Weekly Tenants not to Pay Rates.
The- owners of all rateable property which is let to weekly tenants shall he
rated and pay the rates by this Ordinance directed to
be made instead of the
occupiers thereof who shall not in any such case be rated as such
23. Non-payment of Rates in case of Poverty.
It shall be lawful for the Board if it shall be represented to them by any
person liable to pay any rate that he is unable by reason
of poverty to pay such
rate and if the Board shall be satisfied of the truth of such representation to
remit and excuse the payment
of such rate or any part thereof.
24. Penalty when Occupier Refuses to give Name of Owner.
If on the request of the Board of the district or any collector of the said
rates duly authorised by them as such the occupier of
any property refuses or
wilfully omits to disclose or wilfully misstates to the Board or Collector
making such request the name of
the owner of such property or of the person
receiving or authorised to receive the rents of the same such occupier shall be
to a penalty not exceeding Five Pounds.
25. Ratepayers’ Roll of Ordinance 1872, to remain in force until new Roll is prepared.
The Ratepayers’ Roll and valuation and Rate Books in force on the
thirtieth of May in the year of our Lord one thousand eight
hundred and seventy
three under the provisions of “The Canterbury Roads Ordinance 1872”
shall continue in force until
a new valuation and Ratepayers’ Roll shall
have been made under the provisions of this Ordinance.
This Ordinance shall be read and construed as part of “The Canterbury Roads Ordinance 1872” and shall be intituled and may be cited as “The Canterbury Roads Ordinance Amendment Ordinance 1872.”
Ratepayers’ Roll of the District (or of the Sub-Division of the
Number of Rural Section.
Surname of Occupier in alphabetical order. Christian name of Occupier.
Occupier’s trade or occupation. Owner.
Surname. Christian Name. Residence.
Trade or Occupation.
Description and Situation of Rateable Property. If let for what term or in what manner.
Net Value. £ s. d.
Take notice that your name appears as a Ratepayer on the Roll of the
(A.B.) Chairman of Board.
Notice to Pay Rate.
Road District of . To Mr .
I hereby give you notice that at a meeting of the Road Board for the District above-mentioned held on the day of
at a Rate of in the pound on the rateable property in the District was
ordered to be made and levied The sum which you are liable
to pay under this
order is which sum you are required to pay to me either on the service of this
notice or within after such service
at my residence at . If the said rate is not
paid within the time above specified it will be recovered by legal
Collector of Rates for the District.
The Cust District comprises that portion of the Province bounded on the north
by the Ashley District on the east by a true north and
south line through trig,
pole C.30 on the bank of the Waimakariri on the west by the boundary lines
between Runs 29 Class 3 and 164
Class 2 and 34 Class 3 and 208 Class 2 and on
the south by the Oxford Tram road the Oxford and Ohoka road to the western
of section 4525 by part of the eastern boundary of section 4286 and by
the road separating sections 4525 and 4523 and a line in continuation
northern side thereof to the eastern boundary of this District.