Local Government (Rating) Act 2002

Preliminary and key provisions - Preliminary provisions

5: Interpretation

You could also call this:

"What special words mean in the Local Government (Rating) Act 2002"

Illustration for Local Government (Rating) Act 2002

When you read the Local Government (Rating) Act 2002, you will see many terms that have special meanings. You need to understand what these terms mean to make sense of the Act. For example, an annual plan is a plan that a local authority adopts under section 95 of the Local Government Act 2002.

You should know that some terms are defined in other Acts, such as the Rating Valuations Act 1998 or the Marine and Coastal Area (Takutai Moana) Act 2011. A district valuation roll is a roll prepared for a district under section 7 of the Rating Valuations Act 1998. A funding impact statement is a statement that is included in a long-term plan or an annual plan.

Some terms are related to rates, such as a general rate, a targeted rate, or a uniform annual general charge. A rate is a amount of money that a local authority charges for a service or activity. A rates assessment is a document that tells you how much you need to pay in rates.

Other terms are related to land, such as a rating unit, a separate rating area, or an underlying rating unit. A rating unit is a unit of land that is used to calculate rates. A separate rating area is an area of land that is separated from a rating unit.

There are also terms related to people, such as an owner or a person actually using land. An owner is the person who has ownership of a rating unit. A person actually using land is someone who is using the land for a particular purpose, such as farming or residential use.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM132004.


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Part 1Preliminary and key provisions
Preliminary provisions

5Interpretation

  1. In this Act, unless the context otherwise requires,—

    abandoned land, in relation to a rating unit, has the meaning given to it in section 77

      annual plan means an annual plan adopted under section 95 of the Local Government Act 2002

        annual value has the meaning set out in section 2(1) of the Rating Valuations Act 1998

          capital project has the meaning set out in section 117A

            capital value has the meaning set out in section 2(1) of the Rating Valuations Act 1998

              common marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

                customary marine title area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

                  district means the district of a local authority; and includes a region

                    district valuation roll means,—

                    1. in relation to a territorial authority, a roll prepared for a district under section 7 of the Rating Valuations Act 1998 and approved under section 11 of that Act; and
                      1. in relation to a regional council, the current district valuation rolls for the districts of the territorial authorities within its region

                        due date, in relation to a rate or part of a rate, means the last day for payment of the rate, or part of the rate, that is set out in the rates assessment

                          dwelling means a building or part of a building occupied as residential accommodation and includes—

                          1. a garage, a shed, and any other building used in connection with the dwelling; and
                            1. the land attached or appurtenant to the dwelling and commonly used in connection with the dwelling

                              early payment policy means a policy for the early payment of rates under section 55 or section 56

                                financial year means a period of 12 months beginning on 1 July

                                  funding impact statement means,—

                                  1. in relation to the first financial year to which a long-term plan relates, the funding impact statement included in the plan under clause 15 of Schedule 10 of the Local Government Act 2002; and
                                    1. in relation to any other year, the funding impact statement included, under clause 20 of Schedule 10 of the Local Government Act 2002, in the annual plan adopted for that year under section 95 of that Act

                                      general rate means a rate set under section 13

                                        land means all land, tenements, and hereditaments, whether corporeal or incorporeal, in New Zealand, and all chattel or other interests in the land, and all trees growing or standing on the land

                                          land transfer register means the register kept under section 9 of the Land Transfer Act 2017

                                            land value has the meaning set out in section 2(1) of the Rating Valuations Act 1998

                                              local authority means a territorial authority or a regional council

                                                long-term plan means a long-term plan under section 93 of the Local Government Act 2002

                                                  lump sum contribution has the meaning set out in section 117A

                                                    Māori freehold land means land whose beneficial ownership has been determined by the Māori Land Court by freehold order

                                                      Māori freehold land in multiple ownership means Māori freehold land owned by more than 2 persons

                                                        owner means the person who, whether jointly or separately, is seized or possessed of, or entitled to, any estate or interest in land constituting a rating unit

                                                          person actually using land or person actually using a rating unit means a person who, alone or with others,—

                                                          1. leases the land; or
                                                            1. does 1 or more of the following things on the land for profit or other benefit:
                                                              1. resides on the land:
                                                                1. depastures or maintains livestock on the land:
                                                                  1. stores anything on the land:
                                                                    1. uses the land in any other way

                                                                    postponed rates means rates for which the requirement to pay is postponed

                                                                      postponement policy means a policy under section 110 of the Local Government Act 2002

                                                                        public notice means—

                                                                        1. a notice published in a newspaper circulating generally in the district; or
                                                                          1. if there is no newspaper in general circulation in a district, a notice exhibited on placards that are affixed in public places in the district to which the subject matter of the notice relates

                                                                            Public Trust has the same meaning as in the Public Trust Act 2001

                                                                              rate

                                                                              1. means a general rate, a targeted rate, or a uniform annual general charge that is set in accordance with subpart 2 of Part 1; and
                                                                                1. includes a penalty added to a rate in accordance with section 58; but
                                                                                  1. does not include a lump sum contribution

                                                                                    rateable value means the rateable value of land under section 13(3)

                                                                                      rates assessment means the document that gives notice of the ratepayer’s liability to pay rates on a rating unit or separate rating area

                                                                                        rates invoice means the document that notifies a ratepayer of the amount of rates that are payable for a rating unit or separate rating area under section 46

                                                                                          rates record means the record maintained by a local authority under section 37

                                                                                            rating information database means the database that is required to be kept by a local authority under section 27

                                                                                              rating sale or rating lease means a sale or lease of a rating unit under section 68 to enforce a judgment for rates

                                                                                                rating unit means a rating unit for the purposes of the Rating Valuations Act 1998

                                                                                                  regional council means a regional council within the meaning of the Local Government Act 2002

                                                                                                    remission policy means a policy under section 109 of the Local Government Act 2002

                                                                                                      remitted rates means rates for which the requirement to pay is remitted

                                                                                                        residual rating area means the part of a rating unit (if any) that remains after 1 or more separate rating areas are divided from the rating unit

                                                                                                          sale includes a sale under an agreement for sale and purchase

                                                                                                            separate rating area means land that has become a separate rating area under section 98A

                                                                                                              sewage disposal includes sewage collection and sewage treatment

                                                                                                                special consultative procedure means the procedure set out in section 83 of the Local Government Act 2002

                                                                                                                  structure has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

                                                                                                                    targeted rate means a rate set under section 16 or section 19

                                                                                                                      territorial authority means a territorial authority within the meaning of the Local Government Act 2002

                                                                                                                        Te Urewera Board and trustees have the meanings given in section 7 of the Te Urewera Act 2014

                                                                                                                          underlying rating unit means a rating unit which has been divided into separate rating areas under section 98A

                                                                                                                            uniform annual general charge means a rate set under section 15.

                                                                                                                            Notes
                                                                                                                            • Section 5 annual plan: substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                                                                                                            • Section 5 capital project: inserted, on , by section 4(1) of the Local Government (Rating) Amendment Act 2006 (2006 No 28).
                                                                                                                            • Section 5 common marine and coastal area: inserted, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                                                                                                                            • Section 5 customary marine title area: inserted, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                                                                                                                            • Section 5 district: substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                                                                                                            • Section 5 dwelling: inserted, on , by section 6(1) of the Local Government (Rating of Whenua Māori) Amendment Act 2021 (2021 No 12).
                                                                                                                            • Section 5 funding impact statement: inserted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                                                                                                            • Section 5 funding impact statement paragraph (a): substituted, on , by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
                                                                                                                            • Section 5 funding impact statement paragraph (b): amended, on , by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
                                                                                                                            • Section 5 land transfer register: amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                                                                                                                            • Section 5 long-term council community plan: repealed, on , by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
                                                                                                                            • Section 5 long-term plan: inserted, on , by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
                                                                                                                            • Section 5 lump sum contribution: inserted, on , by section 4(1) of the Local Government (Rating) Amendment Act 2006 (2006 No 28).
                                                                                                                            • Section 5 person actually using land: repealed, on , pursuant to section 45(2) of the Local Government (Rating of Whenua Māori) Amendment Act 2021 (2021 No 12).
                                                                                                                            • Section 5 person actually using land or person actually using a rating unit: inserted, on , by section 6(1) of the Local Government (Rating of Whenua Māori) Amendment Act 2021 (2021 No 12).
                                                                                                                            • Section 5 postponement policy: substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                                                                                                            • Section 5 rate paragraph (b): amended, on , by section 4(2) of the Local Government (Rating) Amendment Act 2006 (2006 No 28).
                                                                                                                            • Section 5 rate paragraph (c): added, on , by section 4(2) of the Local Government (Rating) Amendment Act 2006 (2006 No 28).
                                                                                                                            • Section 5 rates assessment: amended, on , by section 6(2) of the Local Government (Rating of Whenua Māori) Amendment Act 2021 (2021 No 12).
                                                                                                                            • Section 5 rates invoice: amended, on , by section 6(3) of the Local Government (Rating of Whenua Māori) Amendment Act 2021 (2021 No 12).
                                                                                                                            • Section 5 regional council: substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                                                                                                            • Section 5 remission policy: substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                                                                                                            • Section 5 residual rating area: inserted, on , by section 6(1) of the Local Government (Rating of Whenua Māori) Amendment Act 2021 (2021 No 12).
                                                                                                                            • Section 5 separate rating area: inserted, on , by section 6(1) of the Local Government (Rating of Whenua Māori) Amendment Act 2021 (2021 No 12).
                                                                                                                            • Section 5 special consultative procedure: substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                                                                                                            • Section 5 structure: inserted, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                                                                                                                            • Section 5 territorial authority: substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                                                                                                            • Section 5 Te Urewera Board and trustees: inserted, on , by section 138 of the Te Urewera Act 2014 (2014 No 51).
                                                                                                                            • Section 5 underlying rating unit: inserted, on , by section 6(1) of the Local Government (Rating of Whenua Māori) Amendment Act 2021 (2021 No 12).