Local Government (Rating) Act 2002

Powers and duties in relation to keeping, and maintaining a rating information database and making same available for searching as specified; recording information for different parts of a rating unit as necessary. 

Duties in relation to making the rating information database available for inspection as specified. 

Considering objections to the rating information database.

Removing names from the rating information database.

Requesting confirmation from person proposing to inspect rates records. 

Considering objections to the rates record. 

Power to correct an error in the rating information database or rates records. 

Issuing an amended rates assessment where there is an error in rating information database or rates record is corrected and refunding rates where necessary.

Issuing an amended rates assessment to give effect to objection to valuation under the Rating Valuations Act 1998 and refunding or recovering money where necessary.

Recovering additional rates from a ratepayer in the circumstances specified. 

Designing and delivering rates assessments and invoices to ratepayers in accordance with these sections.

Power (as local authority) to appoint person/local authority to collect the rates they assess.

Power and duty in relation to decision not to collect small amounts of rates if uneconomic to collect. 

Power to recover rates from the owner of the rating unit if the ratepayer (other than the owner) defaults. 

Power to notify persons identified of the matters specified and accept payment or recover payment as specified. 

Power to commence proceedings to recover as a debt rates unpaid as specified; recover any other unpaid rates in respect of the same rating unit as specified. 

Duty re commencing action to recover unpaid rates within prescribed time limit.



Power to consent to the registration of a dealing against a rating unit.



Power to commence rating sale or lease provisions.

Power to consent to the sale or lease of a rating unit by the Registrar by private treaty. 

Powers and duties in relation to abandoned land.

Restriction: Subject also to also General Delegations – Legal Proceedings



Duty, in the case of a sale or lease of abandoned land under s79, re content and execution requirements of the transfer (under the seal of the Council).

Restriction: The power to execute is not delegated - see also General Delegation - Affixing the Common Seal

 

 

Duty to apply the proceeds of sale or lease according to the requirements set out;

Power to write off any deficiency in circumstances specified.



Power to register an instrument executed for abandoned land (whether sale or lease) without the duplicate certificate of title or other document of title being produced as specified. 

Powers and duties re remitting all or part of the rates on a rating unit (including penalties on unpaid rates) in accordance with the Council’s rates remission policy. 

Duties re postponing the requirement to pay all or part of the rates (including penalties for unpaid rates) as specified. 

Power to add a postponement fee to the postponed rates in accordance with its postponement policy. 

Power to register a notice of charge on a rating unit if the local authority has postponed the requirement to pay rates; Duty to register a notice of release of charge if all postponed rates for a rating unit are paid. 

Write off outstanding rates that cannot reasonably be recovered.

This delegation is made by the CE not Council.

Write off outstanding rates of deceased owners of Maori freehold land.

This delegation is made by the CE not Council.

Power to apply to the Maori Land Court to appoint owner(s) or agent to receive rates assessments and rates invoices in circumstances described;

Restriction: Subject also to General Delegations – Legal Proceedings;

Duty to enter the name of the persons appointed as the ratepayer in the rating information database and the district valuation roll, as prescribed.



Duty to deliver rates assessment and rates invoice to the person actually using the rateable Maori freehold land;

Duty to treat person specified as using the whole of the land for the whole of the financial year, unless otherwise specified.



Making decisions on division into separate rating areas and no longer a separate rating area, apportionment of rates, adjustments, and related functions.

Power to apply to the Maori Land Court for an order charging unpaid rates against Maori freehold land in circumstances prescribed. 

Power to apply to the Maori Land Court to enforce a charging order made in circumstances described. 

Power to apply to the Maori Land Court to make an order for the payment of unpaid rates in the circumstances described. 

Duty to discharge a charging order made in circumstances as described.



Power to remit all or part of rates (including penalties for unpaid rates) on Maori freehold land in circumstances described. 

Remit rates on Maori freehold land under development.

Duty to postpone the requirements to pay all or part of the rates on Maori freehold land in circumstances described. 

Power and duties in relation to consenting to an Order in Council made by the Governor-General to exempt Maori freehold land from some or all liability for rates.



Power to invite ratepayers to make lump sum contributions for a capital project in the manner prescribed.



Duty to apply targeted rates as prescribed.



Power to make one recalculation of the lump sum contributions to a capital project;

Duty to refund any excess or deliver an invoice for any increase in respect of the lump sum contributions as prescribed.



Powers and duties re late or non-payment of ratepayers lump sum contribution to a capital project, as specified.

Duty to notify the Secretary of Local Government of a decision of the Court re setting replacement rates.




Power to authorise a person to sign documents presented as evidence in any proceedings.