41AAmended assessment to give effect to objection to valuation under Rating Valuations Act 1998

1. A local authority must issue an amended rates assessment for a rating unit or separate rating area if—

2. it has issued a rates assessment in respect of the rating unit or separate rating area for a financial year; and
3. after issuing the assessment, it has—
   1. altered information in its district valuation roll under section 39 of the Rating Valuations Act 1998 for that year; and
   2. consequentially altered the information in relation to the rating unit or separate rating area in its rating information database for that year; and
4. the alteration in the database gives rise to a difference between the amount of rates that was originally assessed and the amount that would have been payable for that year if the information entered in the database had been the information referred to in paragraph (b)(ii).

5. An amended assessment must be issued—

6. no later than 1 month after the alteration concerned was made to the rating information database; or
7. in the case of a regional council to which section 27(7) applies, no later than 1 month after the regional council receives notification of the alteration from the territorial authority concerned.

8. If the amended assessment is for an amount that is less than the amount originally assessed, the local authority must refund to the person who paid the rates any rates paid in excess of the amount payable on the amended assessment.

9. However, a local authority is not required to make a refund if it does not have the contact details of the person who paid the rates.

10. If the amended assessment is for an amount that is more than the amount originally assessed, the local authority may recover the excess rates payable on the amended assessment.

11. However, a local authority may only recover the amount if the person who paid the original assessment is also the person to whom the amended assessment is issued.