Chatham Islands Council Act 1995

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)
2: Interpretation
In this Act, unless the context otherwise requires,— council-controlled organisation section 6(1) council dues section 14 former council generally accepted accounting practice section 5(1) goods
a: means all kinds of property; and
b: includes animals; but
c: does not include ships' stores or aircraft stores 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 Section 2 council-controlled organisation inserted 1 July 2003 section 262 Local Government Act 2002 Section 2 generally accepted accounting practice substituted 1 July 2003 section 262 Local Government Act 2002 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 islands known as the Chatham Islands and the area of the territorial 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 Territory.
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—
a: a territorial authority under—
i: the Local Government Act 2002
ii: the Local Government Act 1974
iii: the Local Government (Rating) Act 2002
iv: the Resource Management Act 1991
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 7 July 2004 section 3 Chatham Islands Council Amendment Act 2004 Section 7(1)(b) amended 7 July 2010 section 4 Chatham Islands Council Amendment Act 2010 Section 7(1)(c) added 7 July 2010 section 4 Chatham Islands Council Amendment Act 2010 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 Returning Officer 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 conducted 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 Islands Council shall come into office on the later of—
a: 1 November 1995; or
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, resignation, 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 accessible to the public without charge in Waitangi, Kaingaroa, Owenga, and Pitt Island; and
b: broadcasts transmitted on not less than 2 days on radio or television received generally within the Chatham Islands 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
Section 10 repealed 1 July 2003 section 262 Local Government Act 2002
11: Annual report
Section 11 repealed 1 July 2003 section 262 Local Government Act 2002
12: Public inspection of reports
Where the Chatham Islands Council adopts a report under section 10 section 11
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. 1974 No 66 ss 223D(7) 223E(9) 1989 No 29 s 24(1) 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 assurance 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 performance 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 accuracy:
d: enable a fair reflection of the financial position and performance of the Chatham Islands Council to be presented 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 liabilities and guarantees:
iii: the application of all funds held or received for any particular purpose (such as special funds, rates, targeted rates
g: enable the Chatham Islands Council to prepare the funding and financial policies required by section 102 section 101
3: Nothing in section 223F Section 13 substituted 27 July 1996 section 9 Local Government Amendment Act (No 3) 1996 Section 13(2)(f)(iii) amended 1 July 2003 section 137(1) Local Government (Rating) Act 2002 Section 13(2)(g) substituted 1 July 2003 section 262 Local Government Act 2002 Council dues
14: Power to levy council dues
1: The Chatham Islands Council may, in accordance with the provisions of this Act, levy dues on goods imported into or exported from the Chatham Islands Territory by any means whatsoever.
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.
3: Without limiting the powers conferred upon the Chatham Islands 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,
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 whatsoever:
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 respect 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. 1980 No 6 (L) s 4 Section 14(2) substituted 1 July 2003 section 262 Local Government Act 2002 Section 14(3) amended 1 July 2003 section 262 Local Government Act 2002
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. 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 New Zealand), require that person to collect, on behalf of the Chatham Islands 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—
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 Council, 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 subsection (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 collected by that person, pay to the Chatham Islands Council the amount of the council dues so collected (less any amount retained by that person in accordance with any agreement entered 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 exported 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 accordance 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 Council in accordance with subsection (5), the Chatham Islands Council may—
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) 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 a written notice revoking the notice given under subsection (3).
7: Every person commits an offence and is liable on
a: who fails to comply with a notice under subsection (3); or
b: who fails to comply with subsection (5). 1980 No 6 (L) s 7 Section 16(3A) inserted 19 December 2002 section 3(1) Chatham Islands Council Amendment Act 2002 Section 16(5A) inserted 19 December 2002 section 3(2) Chatham Islands Council Amendment Act 2002 Section 16(5B) inserted 19 December 2002 section 3(2) Chatham Islands Council Amendment Act 2002 Section 16(7) amended 1 July 2013 section 413 Criminal Procedure Act 2011
17: Right to hold owner's money
Every person referred to in section 16 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 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 communication, 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 account—
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 measurement; and
b: shall show the amount of the freight charge.
3: Every person exporting goods from the Chatham Islands Territory shall, before the goods are loaded on the ship or aircraft, deliver to the chief executive 1980 No 6 (L) s 10 Section 18(3) amended 1 July 2003 section 262 Local Government Act 2002
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 section 19
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 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 Section 20(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
21: Warrant of appointment
1: The Chatham Islands Council shall supply to every officer or agent appointed as a Verification Officer under section 20
2: The production by any person of the warrant provided under subsection (1) shall be sufficient proof of that person's authority 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 section 21 Section 22 amended 1 July 2013 section 413 Criminal Procedure Act 2011
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
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 has made 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 conviction 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. 1980 No 6 (L) s 11 Section 23(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
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 competent jurisdiction from any person liable to pay them under this Act. 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.
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. 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
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
b: regional rules made in accordance with section 68
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
5: Notwithstanding section 28(b)
6: The Chatham Islands Council shall publicly notify the proposed Chatham Islands resource management document no later than 2 years after the commencement of this Act.
27: Time periods for consent hearings
Where the Resource Management Act 1991
28: Enforcement officers
Notwithstanding section 38
a: any of its officers; or
b: any of the officers of the new Ministry to carry out all or any of the functions and powers as an enforcement officer under that Act. Section 28(b) amended 1 March 1998 section 5(1)(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997 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 effectually.
2: Nothing in subsection (1) limits the power of the Chatham Islands Council to make bylaws under any other Act. 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:
b: the Chatham Islands County Council (Rates and Dues Validation) Act 1991.
31: Amendments to Local Government Act 1974
Section 31 repealed 1 July 2003 section 266 Local Government Act 2002
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 Section 34 repealed 1 July 2003 section 137(1) Local Government (Rating) Act 2002
35: Amendment to Resource Management Act 1991
Section 35 repealed 7 July 2004 section 4 Chatham Islands Council Amendment Act 2004
36: Amendment to Biosecurity Act 1993
Amendment(s) incorporated in the Act(s)
37: Amendments to Income Tax Act 1994
Section 37 repealed 1 April 2005 section YA 2 Income Tax Act 2004
38: Transitional provisions
The provisions of the Schedule