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Nga Ture O Niu Tireni: I Pahitia I Roto I Te Tau Wha Te Kau Ma Rima O Te Kuinitanga O Kuini Wikitoria, Me Te Nohoanga Tuatorutanga O Te Paremete Tuawhitu O Niu Tireni, I noho ki Poneke i timate i te rua te kau ma waru o nga ra o Mei, 1881.

[An Act to provide for the Payment of Rates in respect of Crown Lands and Native Lands Title]

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Be It Enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1. The Short Title of this Act is "The Crown and Native Lands Rating Act, 1881."Short Title.
2.5 In this Act, if not inconsistent with the context,—Interpretation.
  • "Crown lands" mean all lauds the property of the Crown in New Zealand;
  • 10"Native lands" mean all lands or interests in lands the property of aboriginal natives of the Colony of New Zealand (including in the term "aboriginal natives" all half-castes or their descendants by Natives), whether held under their own customs and usages, or otherwise howsoever;
  • "Local body" mean any Council, Board, Trustees, Commissioners, and persons empowered to make and levy rates;
  • 15"District" means the district over which the jurisdiction of any such local body to levy rates extends;
  • "Crown borough lands" mean all Crown lands situate within any borough incorporated under any Act relating to municipal corporations;
  • 20"Crown town lands mean land in towns laid out by the Government but not incorporated;
  • "Native borough lands" mean any Native land situate within any borough incorporated as above mentioned;
  • 25"Native town lands" mean land in towns laid out by the Government but not incorporated;
  • "Crown agricultural lands" and "Crown pastoral lands" mean respectivelypage 2
  • Crown lands other than town or borough lands, suitable for agricultural purposes and pastoral purposes respectively; "Native agricultural lands" and "Native pastoral lands" mean respectively Native lands other than town or borough lands, suitable for agricultural purposes and pastoral purposes respectively.5
3.Crown and Native lands rateable, with certain exceptions. Crown lands and Native lands, together with the buildings and improvements thereon, shall be rateable property as hereinafter provided, with the following exceptions:—
(1.) The Parliamentary Buildings and grounds at Wellington;
(2.) The Government Buildings and grounds at Wellington;1O
(3.) The Government House and grounds at Wellington;
(4.) The Government House and grounds at Auckland;
(5.) Lands occupied by Government schools, including playgrounds and schoolmasters' residences, and grounds occupied therewith and actually used for these purposes;15
(6.) Wharves, piers, and jetties, the property of Her Majesty;
(7.) Railways, railway stations, and all land and buildings on which the same are constructed, or that may be connected or used therewith;
(8.) All lands used and occupied as public parks or domains or gardens.
4.Crown borough and Crown lands, with buildings used by Government, to be rated under "The Bating Act, 1876."
All Crown lands on which there are buildings actually occupied and 20 used by any department of the Government and Crown borough lands shall be rated under "The Rating Act, 1876," in like manner as other lands are thereby authorised to be rated.
The Colonial Treasurer for the time being, by his official title, shall be treated as the owner thereof for the purposes of that Act, and the several provisions 25 of the said Act shall apply accordingly; and the rates payable in respect of such lands shall be paid by the Colonial Treasurer out of the Consolidated Fund, out of moneys to be appropriated by the General Assembly for the purpose.
5.Native borough lands to be rated under "The Rating Act, 1876." Native borough lands shall be rated under "The Rating Act, 1876," to the 30 owner or occupier thereof, in like manner as other land is thereby authorised to be rated.
6.Value of Crown and Native lands fixed. The value of other Crown lands and Native lands for the purposes of this Act is hereby fixed as follows:—
  • Crown town lands and Native town lands at the rate of thirty pounds per acre:35
  • Crown agricultural lands, and Native agricultural lands, at the rate of one pound per acre:
  • Crown pastoral lands and Native pastoral lands, at the rate of six shillings and eightpence per acre.40
7.Rateable value to be 6 per cent. on value. The rateable value for the purposes of this Act shall be deemed to be six pounds per centum on the values above mentioned.
8.
Quantity of Crown and Native lands, how fixed for rating purposes. The quantity or such Crown lands and Native lands as is specified in section six (other than Crown town lands and Native town lands), to be rated for the 45 year ending March, one thousand eight hundred and eighty-two, shall be the several quantities specified in the Schedules to this Act; and for every future year the Surveyor-General shall deduct from the several quantities therein specified such quantities as have ceased to be such Crown lands or Native lands respectively, and shall forward to the Colonial Treasurer a certificate setting forth how much land of each class remains in each district to be rated for the 50 ensuing year, and such certificate shall be final and conclusive for the purposes of this Act.
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In the case of the alteration of the boundaries of an existing district, or of the formation of a new local body, the certificate of the Surveyor-General as to the quantity of such lands of each class in the district or districts the boundaries of which have heen so altered, after such alteration, or in the district of such 5 new local body, shall also be final and conclusive as aforesaid.
9. The quantity of Crown town lands and Native town lands shall, for Quantity of Crown tad Native town lands, how fixed for rating purposes. this year and future years, be fixed by a certificate of the Surveyor-General.
10. Whenever a rate is made by any local body in which any Crown or When rate made by local body, certificate of amount to be transmitted to the Colonial Treasurer. Native 10 land is rated, being other than those referred to in the fourth and fifth sections, and the rate-book signed by three members of such body, as prescribed by section forty-one of "The Rating Act, 1876," a certificate signed by the said three members, stating the amount in the pound of such rate, the period for which the rate is made, and the time when the same is payable, shall be transmitted 15 to the ColonialTreasurer.
11. The Colonial Treasurer shall, whenever the rate referred to in such Colonial Treasurer to pay rates to local bodies. certificate becomes due, pay to the local body of the district, out of moneys to be appropriated for the purpose by the General Assembly, the amount of such rate on the rateable value fixed as aforesaid of all such lands within its district after 20 the rate to be fixed as aforesaid.
12. The first rates payable by virtue of this Act shall be for the year When first rates payable. ending the thirty-first day of March, one thousand eight hundred and eighty-two.
13. Whenever any Native land is sold or exchanged for the first time, and How rates on Native lands repaid to Colonial Treasurer. whenever 25 it is leased, after the passing of this Act, to other than aboriginal natives, then the amount of all rates paid by the Colonial Treasurer in respect of such land shall be repaid to the Colonial Treasurer, and shall be deemed to be a duty payable on such sale, exchange, or lease, and shall be payable as such.
14.
Such duty shall be in addition to the duties imposed by "The Stamp Repayment of rates to be duty under "The Stamp Act, 1875," and amount now fixed. Act,301875," and the several Acts amending the same, the several provisions of which shall apply to the repayment of the said rates as if they were a duty payable under such Acts.
For the purpose of determining the amount of the same in each case, the certificate of the Surveyor-General of the amount which ought to be so repaid in 35 respect of the land so sold, exchanged, or leased, shall be conclusive as to the amount of same.
15. Notwithstanding anything in this Act contained, in the case of all Crown What rates payable on Crown land held under lease. lands under lease in which the tenants shall by law be liable for rates thereon, then, and in such case, the Colonial Treasurer shall only pay rates in respect of 40 the same to the extent of the difference between the amount of rates properly payable by such tenants and the amount of rates which the Colonial Treasurer would otherwise have to pay under this Act.
16. In the case of Native lands under lease, the tenant is hereby made Tenant of Native land held under lease liable under "The Rating Act, 1876." liable for rates, as owner under "The Rating Act, 1876."
17.45 The Governor in Council may at any time by Proclamation, which shall be gazetted, declare that, in any district or portion of a district, all Native lands therein shall be subject to "The Rating Act, 1876;" and, from and after the date Governor may proclaim Native land in certain districts under "The Bating Act, 1876. of the gazetting of such Proclamation, the owners of such Native lands shall be liable for all purposes for which rates are levied to be rated as the owners 50 thereof, in accordance with the provisions of the last-named Act, as fully and effectually as if they were not aboriginal natives.
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