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Contents (2000 - 92)
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Water Management Act 2000 No 92
Current version for 1 July 2019 to date (accessed 17 October 2019 at 17:25)
Chapter 4 Part 4 Division 4
Division 4 Rating
232   Rates
(1)  For the purpose of providing money in connection with the exercise of their functions under this Part, the members of a private water trust may fix and levy rates on the lands within the water supply district as follows:
(a)  in connection with the supply of water for stock purposes:
(i)  a rate per hectare of the land benefited by the water management works must be fixed, or
(ii)  if water is supplied down a natural channel, a rate per kilometre of the lands so benefited, measured according to the frontage to the channel, may be fixed,
which rate may vary in proportion to the benefit received,
(b)  in connection with the supply of water for domestic purposes, a rate for each separate holding in the water supply district must be fixed, which rate may vary in proportion to the benefit received,
(c)  in connection with the construction and maintenance of flood works, a rate per hectare of the land benefited by the works must be fixed, which rate may vary:
(i)  according to the distance of the land from works for the prevention of floods or the control of flood waters, and
(ii)  in proportion to the benefit received,
(d)  in connection with irrigation, a rate must be levied on the land within the water supply district:
(i)  that is suitable for production under irrigation, and
(ii)  that is accessible to the works of the trust by means of recognised methods of irrigation.
(2)  If land is liable for rates under subsection (1) (d), the members of a private water trust may, in fixing the rate, fix different amounts for different parts of the land, having regard to:
(a)  the fact that any such part is or is not actually used for production under irrigation, or
(b)  the type of production under irrigation for which any such part is used.
(3)  In any case for which this section does not provide, a rate per hectare of the land benefited, directly or indirectly, by the works must be fixed yearly, and must, as far as practicable, be in proportion to the benefit received.
(4)  In the case of a supply for more than one purpose, separate rates may be fixed, calculated on the basis set out for each such purpose.
(5)  All rates are a charge on the land in respect of which they are levied and are payable by the landholder.
(6)  Any landholder aggrieved by the amount of a rate may appeal to the Local Court, which must hear and determine the matter, and may confirm or vary such amount.
(7)  If in any such appeal the Local Court reduces the amount at which the appellant is rated, it must increase the other ratings of the trust in such amounts as it thinks just, if it considers such course necessary, in order to secure that the total amount to be received by the trust for rates is not to be diminished by the reduction.
(8)  The provisions of this section have effect despite anything contained in section 42 of the Real Property Act 1900.
233   Supplementary rating powers
(1)  If the members of a private water trust are unable to meet the cost of administration or of an extension or improvement of the works under their control or other liability, they may in writing petition the Minister to approve an increase in the maximum rate that may be assessed by them, and must set out in such petition the reasons for their request.
(2)  The Minister must inform the members whether or not the Minister is prepared to grant their petition and, if so, must inform them of the maximum rate that the Minister is prepared to approve.
(3)  The members must submit the proposed increase in maximum rate that the Minister is prepared to approve to a special general meeting of the voters of the trust (of which at least 14 days’ notice has been given in the prescribed manner).
(4)  The members must report to the Minister whether an affirmative or negative vote has been carried at the meeting.
(5)  If an affirmative vote has been cast the Minister must grant the petition of the members by notification sent to them and published in the Gazette, and thereafter the members may assess rates to the maximum approved by the Minister.
234   Surplus water
When a private water trust has any surplus water that is not required for the purpose for which the trust was constituted, the trust may sell the water, by measure or otherwise:
(a)  to any ratepayer for any other purpose, or
(b)  if no ratepayer requires it, to any other person.
235   Accounts
(1)  The members of a private water trust must submit to the Minister once every year, and at such other times as the Minister may direct, an audited statement of the accounts of the trust.
(2)  The Minister may, if of opinion that the audited statement is defective or unsatisfactory, appoint an auditor to prepare a proper statement of accounts, at the cost of the trust.