Local Government (Rating) Act 2002

Preliminary and key provisions - Key provisions - How are rates set?

23: Procedure for setting rates

You could also call this:

"How councils decide how much you pay in rates"

Illustration for Local Government (Rating) Act 2002

When you pay rates, a local authority decides how much you pay. They make this decision by voting on it. You pay rates for a whole year or part of a year.

The local authority must follow its long-term plan when setting rates. This plan says how the authority will spend its money. If the authority needs more money for something unexpected, it can set a new rate.

The authority must tell the public at least 14 days before setting a new rate. It must explain why it needs the money and how it will use it. You can find out about new rates on the authority's website.

The authority must put its decisions on its website within 20 working days. This way, you can see what decisions it has made about rates.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM132238.


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22: Defence land, or

"Rates for military land, like air force bases and army camps, can't be more than the land's value."


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24: Due date or dates for payment, or

"When your rates are due to be paid"

Part 1Preliminary and key provisions
Key provisions: How are rates set?

23Procedure for setting rates

  1. Rates must be set by a resolution of the local authority.

  2. Rates set by a local authority must—

  3. relate to a financial year or part of a financial year; and
    1. be set in accordance with the relevant provisions of the local authority’s long-term plan and funding impact statement for that financial year.
      1. A local authority may set a rate that is not provided for in its long-term plan and funding impact statement only if—

      2. the local authority is satisfied that the rate is required to meet an unforeseen and urgent need for revenue that cannot reasonably be met by any other means, having regard to the manner in which it has, in its long-term plan and funding impact statement allocated the costs of the activities or groups of activities to which the need for revenue relates; and
        1. the local authority has given at least 14 days’ public notice of its intention to set the rate.
          1. Notice under subsection (3)(b) must include—

          2. the information in relation to the rate that would otherwise have been required to be included in the local authority’s funding impact statement; and
            1. a statement of the nature of the unforeseen and urgent need for revenue and the reasons why that need cannot reasonably be met by any other means, having regard to the manner in which the local authority has, in its long-term plan, allocated the costs of the activities or groups of activities to which the need for revenue relates.
              1. A local authority must, within 20 working days after making a resolution, make the resolution publicly available on an Internet site maintained by it or on its behalf to which the public has free access.

              Notes
              • Section 23(2)(b): substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
              • Section 23(2)(b): amended, on , by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
              • Section 23(3): substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
              • Section 23(3): amended, on , by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
              • Section 23(3)(a): amended, on , by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
              • Section 23(4): substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
              • Section 23(4)(b): amended, on , by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
              • Section 23(5): replaced, on , by section 32 of the Local Government Regulatory Systems Amendment Act 2019 (2019 No 6).