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Village Councils Act 1967

NIUE LAWS
LEGISLATION AS AT DECEMBER 2006

VILLAGE COUNCILS ACT 1967

1967 / 41 – May 1967

PART 1
PRELIMINARY

1 Short title
2 Interpretation

PART 2
ADMINISTRATION

3 Administration of Act
4 Advisers
5 Powers of inspection
6 Appeals
7 Annual reports

PART 3
ESTABLISHMENT OF COUNCILS

8 Establishment and constitution of Village
Councils
9 Councils to be bodies corporate
10 Power to vary the constitution of councils

PART 4
ENROLMENT, ELECTIONS

11 Qualifications of electors
12 Electoral rolls
13 General provisions
14 Qualifications for membership
15 Elections
16 Tenure of office
17 Vacation of office
18 Removal from office
19 Casual vacancies

PART 5
MEETINGS

20 Chairmen, Deputy Chairmen
21 Standing Orders
22 Meetings of councils
23 Meetings of councils
24 Quorum and voting at meetings
25 Minutes
26 Councillors not to vote on certain matters

PART 6
POWERS, DUTIES, OF COUNCILS

27 General functions of Councils
28 Agency functions for Government

Bylaws

29 General power to make bylaws
30 Notice of bylaws
31 Assent to bylaws
32 Model bylaws

Taxation

33 Power to levy taxes
34 Review of taxes
35 Fees for services
36 Exemptions
37 Recovery of taxes

PART 7
FINANCE

38 Deposit accounts
39 Discretionary grants from public revenue
40 Councils may accept offers by Cabinet to advance moneys
41 Repayment of advances
42 Borrowing
43 Estimates
44 Reserve Funds
45 Power to invest
46 Accounts
47 Writing off irrecoverable amounts
48 Audit

PART 8
SUSPENSION AND DISSOLUTION

49 Suspension
50 Appointment of Manager
51 Period of suspension
52 Abolition of Councils

PART 9
COUNCIL STAFF

53 Council clerks
54 Employees

PART 10
OFFENCES

55 Failure to comply with rules
56 Failure to pay taxes
57 Obstruction
58 Application of fines

PART 11
MISCELLANEOUS PROVISIONS

59 Judicial notice
60 Public purposes

61 Regulations

SCHEDULE

_____________________

To provide for the establishment of village councils

PART 1
PRELIMINARY

1 Short title

This is the Village Councils Act 1967.

2 Interpretation

In this Act –

"adviser", in relation to a Council, means an adviser appointed under section 4 for that Council;

"auditor", in relation to a Council, means the Council auditor appointed under section 48 for that Council;

"Community Development Officer" means the Community Development Officer appointed by the Niue Public Service Commission and holding that office in the Niue Public Service;

"constituent notice", in relation to a Council means the notice or notices published under Part 3;

"Council" means a Village Council established by or under this Act;

"Council area", in relation to a Council, means the area in and for which the Council is established;

"Council Clerk" in relation to a Council, means the Council Clerk appointed for that Council;

"Council Officer", in relation to a Council, means any official, other than the Council Clerk, employed by the Council;

"election" means an election of a Councillor or Councillors;

"financial year" means the period of 12 months commencing on 1 April in a year and ending 31 March next following;

"Liquidator", in relation to a Council, means the Liquidator of the Council appointed under section 52;

"Manager", in relation to a Council, means the Manager appointed for the Council under section 50;

"Secretary" means Secretary to the Government.

PART 2
ADMINISTRATION

3 Administration of Act

(1) The Community Development Officer shall be charged with the administration of this Act.

(2) The Community Development Officer may, by writing under his hand, delegate to any other officer of the public service all or any of his powers or functions under this Act (except this power of delegation).

(3) The Community Development Officer or any officer to whom any power or functions have been delegated under subsection (2) shall not be eligible to hold any other office under this Act in relation to a Council.

4 Advisers

(1) The Community Development Officer, with the concurrence of Cabinet may by notice published in the Gazette appoint an officer of the public service to set as adviser to a Council and define the particular duties and responsibilities of each adviser.

(2) An adviser shall advise and assist the Council in accordance with the duties and responsibilities prescribed by the Community Development Officer.

(3) An adviser is entitled to attend meetings of the Council and to take part in debate, but is not entitled to vote and shall not be counted towards a quorum.

5 Powers of inspection

The Community Development Officer, or any officer authorised by him may at any time –

(a) Inspect the books, accounts or records kept or held by the Council; and

(b) Enter on and inspect any land, building, premises, or machinery or thing owned or controlled by the Council or in which the Council has an interest.

6 Appeals

(1) A person (including a Council) aggrieved by a decision of the secretary under section 18 may appeal to a Judge of the Court, whose decision shall be final.

(2) A person (including a Council) aggrieved by a decision of the Community Development Officer under this Act (other than under section 18) may appeal to Cabinet whose decision shall be final.

7 Annual reports

(1) The Community Development Officer shall present to Cabinet on or before 30 April in every year, for presentation to the Assembly, a report reviewing the operation of this Act and of the Village Council system, and drawing attention to any measures which are, in his opinion, desirable for achieving the purposes of this Act and for improving the operation of that system.

(2) Each Council shall, on or before 10 April in every year, present to the Community Development Officer, for presentation to Cabinet, a report reviewing the operations of the Council during the 12 months ending on 31 March then last past.

PART 3
ESTABLISHMENT OF COUNCILS

8 Establishment and Constitution of Village Councils

Cabinet may –

(a) By notice published in the Gazette, establish a Council in and for the village described in the notice, and

(b) Either in the notice establishing a Council or by a subsequent notice, make provisions for the manner in which the Council is to be constituted, for the boundaries of the Council area and for the manner of election to the Council.

9 Councils to be bodies corporate

A Council is a body corporate by the name under which it is established with perpetual succession and a common seal, and, subject to this Act, has power to acquire, hold, dispose of, mortgage or pledge property, to enter into contracts, to borrow money, to invest funds, to institute and defend actions, suits and other legal proceedings, and to do all other things necessary for the purposes of its functions and duties.

10 Power to vary the constitution of Councils

After consultation with the Council concerned, Cabinet may, by notice published in the Gazette –

(a) Vary the boundaries of a Council area in accordance with any change made in the boundaries of a constituency under the Niue Assembly Act 1966;

(b) Change the name of a Council; or

(c) Vary the constitution of a Council.

PART 4
ENROLMENT, ELECTIONS

11 Qualifications of electors

The qualifications and disqualifications of electors under this Act shall be as provided under section 12 of the Niue Assembly Act 1966.

12 Electoral rolls

(1) The electoral rolls to be used for elections to Village Councils under this Act shall be the same rolls as those required by section 13 of the Niue Assembly Act 1966.

(2) The provisions as to the compulsory registration of electors under section 14 of the Niue Assembly Act 1966 shall apply in like manner to the elections for members of Village Councils under this Act.

13 General provisions

All other provisions as to electors and electoral rolls shall be as provided in Part 3 of the Niue Assembly Act 1966.

14 Qualifications for membership

(1) Subject to subsection (2), a person who is entitled to be enrolled under section 11 and is enrolled as an elector for his constituency, is qualified to nominate a candidate for the Council in that constituency and to be a Councillor.

(2) A person is not qualified to nominate a candidate for a Council or to be a Councillor if –

(a) He is an officer or employee of a Council;

(b) He is an undischarged bankrupt.

15 Elections

(1) All Village Councillors shall be elected by secret ballot, except as is provided in section 19.

(2) Elections for individual Councils shall be held on such dates as are specified by Cabinet by notice in the Gazette.

(3) Subject to this Act, the method of and the procedure to be followed at an election shall be to all intents and purposes the same as is prescribed in the Niue Assembly Act 1966 and in the conduct and supervision of any election under this section the Chief Electoral Officer shall have due regard to the relevant provisions of that Act.

(4) In this section, the "Chief Electoral Officer" means the Chief Electoral Officer appointed under section 3 of the Niue Assembly Act 1966.

16 Tenure of office

Subject to this Act and to anything to the contrary in the constituent notice, the tenure of office of Councillors shall be 3 calendar years from and including the day on which the first election is completed and, thereafter, 3 calendar years from and including the day on which the previous election was completed.

17 Vacation of office

(1) A Councillor who –

(a) Resigns his seat by notice in writing to the Community Development Officer;

(b) Is absent, without leave of the Council for 3 consecutive meetings of the Council, shall be deemed to have vacated his seat.

(2) The resignation of a Councillor takes effect on the date on which the notice is received by the Community Development Officer.

18 Removal from office

(1) Notwithstanding anything contained in this Act, the Community Development Officer shall, after due inquiry and after consultation, in such manner as he thinks proper, with the Council, report the circumstances to the Secretary, where he is satisfied that the Councillor has abused his powers or is incapable of exercising them justly or is, for any other reason, not a fit and proper person to continue to be a Councillor.

(2) The Secretary may suspend or remove from office any Councillor so reported and suspension or removal from office shall take effect upon being notified to the Council.

(3) The Secretary shall not remove a councillor from office under this section unless the Councillor has been given reasonable opportunity of answering the allegations made against him.

19 Casual vacancies

(1) Where a casual vacancy occurs, whether by reason of death, resignation or otherwise, in an office of Councillor –

(a) If the vacancy occurs more than 6 months before the date upon which the tenure of office of the former Councillor expires under section 16, the vacancy shall be filled under section 15;

(b) In another case, the Community Development Officer may appoint a person who is qualified to be a Councillor to hold the vacant office.

(2) A Councillor elected or appointed under this section shall hold office for the balance of the tenure of office of the former Councillor.

PART 5
MEETINGS

20 Chairmen, Deputy Chairmen

(1) There shall be a Chairman and a Deputy Chairman of each Council who shall be elected, as determined by the Council, by vote of the Councillors from amongst their own number and may, in like manner, be removed from office.

(2) The person for the time being holding office as a member of the Assembly representing the constituency in which a Council has been established shall, in the event that he is not returned as a member in the Council election, be ex officio a member of that Council.

21 Standing Orders

Subject to this Act, a Council shall adopt Standing Orders which have the prior approval of the Secretary covering –

(a) The calling, regulation, and conduct of the meetings of the Council;

(b) The custody of the common seal of the Council; and

(c) Such other matters as are necessary or convenient for the purposes of this Act.

22 Meetings of Councils

(1) A Council shall meet not less frequently than once every month for the transaction of general business, at such time and place as is determined by the Council or, in the case of the first meeting of a Council after a Council election, by the Community Development Officer.

(2) At any time after the first meeting following a general election the Council Clerk shall call a special meeting if so requested by the Chairman or upon the request of any 2 other members.

(3) Subject to the subsection (4), a meeting of a Council shall be open to the public, unless the Council for any special reason otherwise resolves at the meeting.

(4) The Chairman of a meeting of a Council may –

(a) Exclude or require to withdraw from the meeting a person who, in his opinion, is behaving in a disorderly manner; and

(b) Call upon any constable or a Council officer to eject any such person refusing to withdraw from the meeting or any other person refusing to withdraw in accordance with a resolution under subsection (3).

23 Chairman of meetings of Councils

(1) Subject to subsection (2), the Chairman, or in his absence the Deputy Chairman, shall preside at all meetings of a Council.

(2) In the absence of the Chairman and the Deputy Chairman, the Councillors present at a meeting of a Council shall elect one of their number to preside for the purpose of that meeting.

24 Quorum and voting at meetings

(1) One half of the total membership of the Council, or 3 members, whichever is the greater number, shall constitute a quorum for the transaction of business at a meeting of a Council.

(2) Subject to subsection (3), all acts of a Council and all questions and matters coming before a Council for decision shall be done and decided by a majority of the Councillors present at the meeting and entitled to vote on it.

(3) The person presiding at a meeting of the Council shall have a deliberative and, in the event of an equality of votes, a casting vote.

25 Minutes

Minutes of the proceedings of all meetings of a Council, including the names of all Councillors present at any such meetings, shall be drawn up and entered in a book to be kept for the purpose, and shall be signed at the next ensuing meeting of the Council by the person presiding at that meeting.

26 Councillors not to vote on certain matters

(1) A Councillor who is a party to, or has a direct or indirect interest in, a contract made by or on behalf of the Council under which goods or services are to be supplied to the Council shall not take part in discussion on a matter, or vote on a question, in the Council where the matter or question relates directly or indirectly to the subject-matter of that contract.

(2) All questions concerning the application of subsection (1) shall be decided by the Council and a contravention of that subsection does not affect the validity of anything done by the Council.

PART 6
POWERS AND DUTIES OF COUNCILS

27 General functions of Councils

(1) In addition to any other powers, functions and duties conferred or imposed on it by this Act and subject to any other law in force in Niue, a Council may perform the functions specified in the Schedule.

(2) Cabinet may direct a Council to perform a function specified in the Schedule, and it is the duty of the Council to comply with any such direction.

(3) Subject to this Act and to any other law in force in Niue, a Council may, for the purposes of the exercise and performance of its powers, functions and duties –

(a) Organise, finance, engage in or assist any business or enterprise;

(b) Take such action as it deems desirable for the improvement of standards of housing and of agricultural, pastoral, forestry, horticultural or other methods and the economic or social betterment of the Council area or of persons in it, including –

(i) the acquisition, by purchase, lease, or otherwise (but not

including compulsory acquisitions) of land and buildings; (ii) the development or improvement of land;

(iii) the construction of buildings;

(iv) cooperation with the Government or other recognised authority or body in the provision of credit facilities; and

(v) the acquisition or disposal of land or buildings;

(c) Carry out any works for the benefit of the Council area or of persons there;

(d) Provide, or cooperate with the Government or other body in providing, any public or social service;

(e) Do all such other matters and things as seem to it necessary or desirable for carrying out and performing its other powers, functions, duties and responsibilities, and any other matters and things ancillary or incidental thereto.

(4) The exercise by a Council of a power conferred by subsection (4) shall not be deemed to be invalid or unlawful merely because –

(a) It takes place outside the Council area or is related to matters outside the Council area; or

(b) It is for the benefit of only some of the persons in the Council area or is for the benefit of any such persons jointly with other persons; if the consent of the Community Development Officer is obtained.

28 Agency functions for Government

Subject to the approval of Cabinet, a Council may –

(a) Act as an agent of the Government, another Council or any other public body or authority for the collection or payment of moneys on such terms and conditions as to the payment of commission or otherwise as are agreed on; and

(b) Perform and do such other acts, matters and things on behalf of the Government, another Council or any other public body or authority as are agreed, on such terms and conditions as are agreed on.

29 General power to make bylaws

Subject to this Act, Council may make bylaws, not inconsistent with this Act, regulations, or any other law for the time being in force in Niue, for the purpose of the exercise and performance of its powers, functions and duties.

30 Notice of bylaw

(1) A Council shall not, except with the consent of Cabinet, make a bylaw unless reasonable notice of the intention to make the bylaw has first been given to the Community Development Officer.

(2) Notice under subsection (1) shall be given in such manner as the Community Development Officer directs.

(3) Failure to comply with this section does not invalidate a bylaw.

31 Assent to bylaws

No bylaw made under section 21 shall become effective until it has been assented to in writing by Cabinet.

32 Model bylaws

Subject to this Act, the Community Development Officer may publish in the Gazette model bylaws, which may be adopted with or without modification by a Council.

33 Power to levy taxes

(1) Subject to subsections (2)-(4), a Council may, with the approval of Cabinet, make bylaws imposing personal taxes, whether at flat rates or on graduated scales (other than a tax based on income) on persons or classes of persons resident within the Council area.

(2) Cabinet may, in relation to a Council, fix a maximum or maxima for any tax or taxes imposed under subsection (1), subject to such conditions as Cabinet thinks proper.

(3) Notwithstanding anything in this Act or in any other law in force in Niue, a bylaw made under subsection (1) may provide for a reduction in the amount of any tax payable if it is paid within a period limited by the bylaw, being a period shorter than that otherwise provided for paying that tax.

(4) For the purposes of this section, a person shall be deemed to be a resident of a Council area if he has his usual place of abode within that area, notwithstanding his occasional absence from it or his occasional absence on leave from his occupation or employment.

34 Review of taxes

(1)

(a) There shall be a Tax Review Committee for each Council which shall consist of the Community Development Officer together with 2 members of the Council, who shall be elected from among their number;

(b) The elected members shall not be persons engaged in the collection of taxes.

(2) On application from a taxpayer within 3 months of the tax becoming payable a Tax Review Committee may grant an exemption from taxes on the grounds of hardship or lack of sufficient means, or may on any ground reduce the amount of tax payable by a person to such amount as to it seems proper.

(3) A person aggrieved by a decision of a Tax Review Committee under subsection (2) may appeal to a Judge or Commissioner of the Court, who may confirm, annul or vary the decision appealed against, and whose decision shall be final.

(4) In any investigation and determination under this section by a Tax Review Committee, or in the hearing of an appeal under subsection (3), as the case may be, it shall not be necessary to observe strict legal procedure or to apply technical rules of evidence, but such relevant evidence as is available, including hearsay evidence, shall be admitted and considered.

35 Fees for services

A Council may, with the approval of the Community Development Officer, by bylaw or otherwise, impose or charge fees for services supplied or rendered, or to be supplied or rendered, by or on behalf of the Council.

36 Exemptions

A Council may, by bylaw, exempt in whole or in part, from the payment of any tax or fee imposed under this Part any person the income of whom is exempt from tax under the Income Tax Act 1961.

37 Recovery of taxes

Taxes or fees due to a Council under this Part may be recovered by the Council as a debt.

PART 7
FINANCE

38 Deposit accounts

(1) Treasury shall open and maintain deposit accounts in the name of each Council established under this Act, and Councils shall pay into these accounts –

(a) All moneys received from the Government for the purposes of this Act;

(b) All moneys appropriated by Act for the purpose of carrying out or giving effect to this Act;

(c) Taxes and fees, imposed or charged by the Council; and

(d) All other moneys received by the Council in or for the performance or exercise of its functions, duties, or powers.

(2) A Council shall, out of the moneys standing to the credit of the account referred to in subsection (1) pay –

(a) All money payable by the Council in repayment of advances under this Act, and as interest, if any, on those advances;

(b) The costs, charges and expenses incurred by the Council in the performance of its functions under this Act;

(c) The allowances, if any, of the Councillors;

(d) The remuneration of the Council Clerk and Officers and employees of the Council; and

(e) Any other payment which the Council is authorised or required to make by or under this Act or any other law in force in Niue.

39 Discretionary grants from public revenue

In addition to any other money which may be paid or advanced to or on behalf of a Council, Cabinet may grant to a Council, upon such terms as it thinks fit, any money appropriated by Act for the purpose.

40 Councils may accept offers by Cabinet to advance money

A Council may accept an offer by Cabinet to advance money for the purposes of the Council on such terms as are agreed between the Council and Cabinet.

41 Repayment of advances

A Council shall repay, in accordance with the terms under which the advance is made, such portion of an advance as is repayable under these terms.

42 Borrowing

(1) A Council may, with the approval of the Community Development Officer, borrow by means of overdraft or otherwise for the purposes of the Council any sum not exceeding one half of the recurrent revenues of the Council during the previous financial year as certified by the Auditor.

(2) For the purpose of the first financial year of the operation of a Council, the limit fixed by the subsection (1) shall be deemed to be such limit as is fixed by the Community Development Officer.

43 Estimates

(1) A Council shall, not later than 1 March each year, submit to the Community Development Officer estimates of its receipts and expenditure during the financial year next following, and may submit supplementary or revised estimates.

(2) Where the Community Development Officer is satisfied that the proposals contained in any estimates, supplementary estimates or revised estimates are likely to be capable of being met from the finances available or likely to become available for the purpose, he shall certify the estimates accordingly to the Council.

(3) Where the Community Development Officer is not satisfied as to the matters referred to in subsection (2), he may, by notice to the Council, refuse certification, in whole or in part, and shall immediately advise the Council of his reasons for it.

(4) Where the Community Development Officer has withheld certification, in whole or in part, of any estimates, the Council shall not incur expenditure, collect revenue or commence or carry on any work or project in respect of the whole or the part of the estimates of which certification has been withheld, without the consent of the Community Development Officer.

44 Reserve Funds

(1) Subject to this section, a Council shall, unless otherwise authorised by the Community Development Officer, set aside during each financial year not less than one tenth of its recurrent revenue for that year as a reserve.

(2) A Council shall build up and maintain at all times a Reserve Fund equal to 50 per centum of its average annual revenue over the 5 financial years immediately preceding.

(3) When a Reserve Fund is built up under subsection (2), the provisions of subsection (1) apply only to the extent necessary to maintain that Reserve Fund at the level prescribed by subsection (2).

45 Power to invest

A Council may invest any moneys in the Reserve Fund –

(a) In any securities of, or guaranteed by, the Government of New Zealand or the Government of Niue;

(b) On deposit in a bank;

(c) On any bonds issued under the Niue Development Bonds Act 1994; or

(d) In any other manner approved by Cabinet.

46 Accounts

(1) A Council shall keep proper accounts and records under such instructions as are issued by the Community Development Officer under subsection (2) and shall do all things necessary to ensure that all payments out of its funds are correctly made and properly authorised and that adequate control is maintained over the assets of the Council and the incurring of liabilities by the Council.

(2) The Community Development Officer may with the concurrence of the Financial Secretary issue written instructions (Financial Memoranda), not inconsistent with this Act and conforming with the principal provisions of the Public Revenues Act 1959 and instructions issued under it for the better control and management of the finance of Councils.

(3) Financial Memoranda shall be observed and obeyed by Councils, Council Clerks and other Council officers.

47 Writing off irrecoverable amounts

A Council may, in such manner and subject to such conditions as may be prescribed by instructions issued under section 46, write off –

(a) Losses or deficiencies from its funds;

(b) Irrecoverable amounts of revenue;

(c) Irrecoverable debts or overpayments; and

(d) The value of lost, deficient, condemned, unserviceable or obsolete stores.

48 Audit

(1) A Council shall appoint a suitable person, approved by the Community Development Officer, to be the Council Auditor.

(2) One person may be appointed to be the Council Auditor for more than one Council.

(3) An Auditor shall or as required by the instruction issued under section 46, inspect and audit accounts and records of financial transactions of the Council and shall forthwith draw the attention of the Council and the Community Development Officer to any irregularity revealed by the inspection and audit which, in the opinion of the Auditor, is of sufficient importance to justify his so doing.

(4) The Auditor shall, at least once in each year, report to the Council and the Community Development Officer the results of the inspection and audit carried out under subsection (3).

(5) The Council, a Councillor, Council Clerk, Council Officer or employee of the Council, shall, at all times, give an Auditor every possible assistance, including full and free access to all accounts, records, documents and papers, to enable him to carry out the inspection and audit.

(6) Every Council, Councillor, Council Clerk, Council Officer or employee who refuses to comply with any requirement of an Auditor under subsection (5), or who wilfully obstructs, hinders or resists an Auditor in the exercise of his powers and duties, commits an offence and shall be liable on conviction to a fine not exceeding 1 penalty unit.

PART 8
SUSPENSION AND DISSOLUTION

49 Suspension

(1) Where the business of a Council is being so negligently, inefficiently or badly conducted as not to be for the welfare of the Council area and of persons in it or a Council is not properly carrying out the duties imposed on it by or under this Act or any other law in force in Niue, the Secretary may after receiving a report and recommendation accordingly from the Community Development Officer, by order in writing to the Chairman of the Council, suspend all or any of the powers and functions of that Council.

(2) A suspension under this section shall immediately be reported by the Secretary to the Cabinet and, unless previously confirmed, varied or revoked by Cabinet, shall lapse one month after the date of the suspension.

(3) A suspension under this section operates to deprive the Council of the suspended powers or functions during the period of suspension, but does not affect any right, privilege, obligation or liability acquired, accrued or incurred under or in respect of the suspended power or function.

50 Appointment of Manager

(1) Where powers or functions of a Council are suspended under section 49, the Secretary, on the recommendation of the Community Development Officer, may appoint a person to be Manager for the Council.

(2) Subject to any directions given by Cabinet, a Manager has and may exercise on behalf of the Council such of the suspended powers and functions as are specified by the Community Development Officer in writing to the Manager.

(3) Notwithstanding subsection (2), but subject to any directions given by Cabinet, the Community Development Officer may exercise on behalf of the Council during a suspension under section 49, all or any of the suspended powers or functions.

51 Period of suspension

Subject to section 49(2) a suspension operates for such period as is fixed by Cabinet for the purpose, or until the Council is abolished under section 52.

52 Abolition of Councils

(1) During a period of suspension under section 49 the Community Development Officer may, with the concurrence of the Secretary, recommend to Cabinet that a Council be abolished.

(2) Upon receipt of a recommendation under subsection (1) or of his own motion, Cabinet may by notice published in the Gazette, abolish a Council.

(3) In a notice under subsection (2) or by a subsequent notice, Cabinet shall appoint a person to be the Liquidator of the Council.

(4) A Liquidator shall proceed to wind up the affairs of the Council in accordance with such directions as are given by the Community Development Officer, and shall dispose of its assets in such manner as Cabinet determines.

(5) Upon the conclusion of the winding up and disposal of the affairs and assets of a Council under subsection (4), the Liquidator shall make a report on it.

(6) Subject to this Act, upon the publication of a notice under subsection (2) or on such later date as is specified in the notice, the powers and functions of the Council cease and determine.

PART 9
COUNCIL STAFF

53 Council Clerks

(1) For each Council there may be appointed by the Niue Public Service Commission a Council Clerk and such other Council officers as may be necessary for the efficient performance of the functions and duties of the Council.

(2) Any person so appointed may hold office in addition to or in conjunction with any office in the Niue Public Service.

54 Employees

In addition to officers appointed under section 53, a Council may employ persons to render temporary or casual service to the Council on such terms and conditions as are determined by the Council with the approval of the Community Development Officer.

PART 10
OFFENCES

55 Failure to comply with rules

Any person who, without reasonable excuse (the proof of which excuse shall be on him), contravenes or fails to comply with a bylaw made under this Act and which is applicable to him, commits an offence and shall be liable on conviction to a fine not exceeding 0.5 penalty units.

56 Failure to pay taxes

(1) Any person liable to pay taxes under this Act who, without reasonable cause, refuses or fails, after demand, whether oral or in writing, to pay the taxes at or within the time prescribed in the bylaw imposing the tax, commits an offence and shall be liable on conviction to a fine not exceeding 0.5 penalty units or to imprisonment for one month.

(2) In a prosecution under this section –

(a) Proof that a person has resided in the Council area or was enrolled as an elector for the Council at any time during the period to which the taxes relate is evidence that he resided in the Council area for any period necessary for him to incur liability to pay the taxes; and

(b) The burden of proof –

(i) of reasonable cause within the meaning of subsection (1);

(ii) that the defendant has been exempted from the taxes payable by him or the amount has been reduced under section 34;

(iii) of payment of the amount of the tax for which the defendant is liable, lies on the defendant.

(3) A conviction for an offence against subsection (1) does not relieve the offender of the liability to pay the taxes.

57 Obstruction

(1) Any person who –

(a) Obstructs or interferes with the lawful exercise by a Council or the Community Development Officer or an officer authorised by him, or a Manager or Liquidator, of any of its or his powers or functions under this Act or any other law in force in Niue; or

(b) Without lawful authority (the proof of which authority shall be on him) purports to exercise any powers of a Council, or of a Councillor or Council Officer, or of a Manager, Liquidator or Auditor, commits an offence and shall be liable on conviction to a fine not exceeding 1 penalty unit.

(2) Proceedings for an offence under subsection (1)(b) shall not be instituted without the consent of the Community Development Officer.

58 Application of fines

All fines imposed for offences against this Act shall be paid to the Council against which the offence was committed and shall form part of the Council revenues.

PART 11
MISCELLANEOUS PROVISIONS

59 Judicial notice

(1) All Courts and persons acting judicially shall take judicial notice of –

(a) All bylaws made by a Council; and

(b) Any act, matter or thing of which publication in the Gazette is directed by or under this Act, when so published.

(2) The common seals of all Councils shall be judicially and officially noticed.

60 Public purposes

The purposes of Village Councils and the purposes of a Council shall be deemed to be a public purpose within the meaning of any law in force in Niue.

61 Regulations

Cabinet may make regulations not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act and in particular for providing for –

(a) Fees or allowances for Councillors;

(b) The regulation of the imposition and collection of taxes and fees by Councils;

(c) The accounts and records to be kept by Councils; and

(d) The imposition of penalties not exceeding a fine of 0.5 penalty units or imprisonment for one month, or both, for breaches of the regulations.

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SCHEDULE

Section 27 (1) and (2)

General Functions of Councils

The undertaking, provision, construction, maintenance, management and regulation of –

1 Bush roads (excluding public roads).

2 Road cleaning (on behalf of land owners in the Council area, under section 82 of the Transport Act 1965).

3 Public parks, gardens, recreation areas, scenic resorts and lookouts, and other public places, reserves and land vested in the Council or placed under its control either permanently or temporarily, including –

(a) Bathing places;

(b) Shelter sheds;

(c) Public toilets.

4 Health, sanitation, prevention and suppression of infectious and other diseases, abatement of nuisances, disposal of the dead, including –

(a) Aid post, clinics, maternity and child welfare clinics;

(b) Control of cemeteries;

(c) Public latrines and wash places;

(d) Prevention of pollution of water sources;

(e) Control of noxious animals, vermin and rodents;

(f) Village cleanliness.

5 Building and use and occupation of buildings, places of public amusement or public resort, stalls and stands on roads.

6 Markets and commercial enterprises including –

(a) Operation of Council markets and fixing maximum prices of commodities sold in such markets;

(b) Supply of planting material.

7 Village planning, including –

(a) Schemes for any defined part or all of the Council area;

(b) Payment of compensation;

(c) Zoning schemes.

8 Housing schemes (acting in cooperation with the Assembly Housing Scheme).

9 Public halls, public libraries and community centres, including –

(a) Adult education schemes (in cooperation with the Education Department and Community Development Office);

(b) Equipment for recreational purposes;

(c) Grant sums of money to associations for the promotion of handicrafts, recreation and sports, tourism, or the welfare of the people;

(d) The foundation, maintenance, operation and encouragement of social, recreational, cultural and community centres and clubs for sporting, social or other lawful purposes.

10 Supply of water, light and power, water conservation and storm water drainage, including –

(a) Entering into agreements with Government or with other Councils for such purposes;

(b) Establishment and maintenance of forest plantations and natural forest reserves;

(c) Regulating the use of public water supplies;

(d) Establishing lighting in public places.

11 Pounds and impounding of animals.

12 Establishment and maintenance of fish ponds.

13 Agricultural, pastoral, horticultural and forestry industries and the economic use of Niuean customary land, including requiring the owners of land to cultivate it to such extent and with such crops as will ensure a sufficient supply of food for their support and the support of those dependent upon them.

14 Omnibus and transport services.

15 Construction and maintenance of sea approaches.

16 Protection of fish resources under Domestic Fishing Act 1995, and flora and fauna.

17 Prescribe the duties and functions of any person employed by the Council in connection with any function of the Council.