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Local Government (Rating) Act 2002

Assessment, payment, and recovery of rates and remission, postponement, and write-off of rates - Assessment, payment, and recovery - Legal proceedings to recover rates

64: Service of summons

You could also call this:

"How a court notice is delivered to you if you owe rates and can't be found"

Illustration for Local Government (Rating) Act 2002

If you are a ratepayer who owes unpaid rates and you are not in New Zealand, but you have an agent or attorney in the country, a summons can be served on them. You can be served a summons by public notice if you are unknown, absent from New Zealand, or cannot be found, and you do not have an agent or attorney in the country. A court can make a judgment against you, either by using your name or by referring to you as the ratepayer of the land.

If the court refers to you as the ratepayer of the land, it must be satisfied that you are unknown, absent, or cannot be found, and that the summons was served by public notice. The court will follow certain rules when serving a summons by public notice. You will be responsible for the cost of publicly notifying the summons, which can be added to the unpaid rates you owe.

A summons is a formal notice that tells you that you are being taken to court, and it can be served on you in different ways, depending on your situation. You should be aware that the cost of serving a summons by public notice can be added to the amount you owe. The court's decision will be based on the information available to it, and you will be responsible for paying any costs associated with the summons.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM132723.

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63: Legal proceedings to recover rates, or

"What happens if you don't pay your rates on time and a local authority takes you to court"

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65: Limitation of time for recovery of rates, or

"The local council has 6 years to take you to court for unpaid rates."

Part 3Assessment, payment, and recovery of rates and remission, postponement, and write-off of rates
Assessment, payment, and recovery: Legal proceedings to recover rates

64Service of summons

  1. If a ratepayer who is liable for unpaid rates is absent from New Zealand, but has an agent or attorney in New Zealand, it is sufficient to serve a summons on his or her agent or attorney.

  2. A summons may be served by public notice if the ratepayer liable for the rates—

  3. is unknown or absent from New Zealand or cannot be found after due inquiry; and
    1. has no known agent or attorney in New Zealand.

      1. A court of competent jurisdiction may give judgment against the ratepayer—

      2. by name; or
        1. under the designation of the ratepayer of the land.

          1. Subsection (3)(b) does not apply unless the court is satisfied that—

          2. the ratepayer is unknown, absent, or cannot be found after due inquiry; and
            1. the summons has been served by public notice under subsection (2).

              1. The cost of publicly notifying the summons may be added to the unpaid rates.