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

66: Registration of charging order for judgment for rates

You could also call this:

"What happens when a charging order is made against your property for unpaid rates"

If you get a judgment for not paying rates, a charging order can be issued against your rating unit. This order stays in force until you pay the rates and a memorandum of satisfaction is registered, as stated in the High Court Rules 2016 rule 17.51. The Limitation Act 2010 applies to this situation.

If a charging order is registered against your rating unit, you cannot register a dealing against the unit without the local authority's consent. This rule applies to charging orders made under the Local Government Act or the Rating Powers Act 1988.

This law does not apply to Māori freehold land or the rates payable for that land, and it also does not apply to sections 67 to 83 in this case.

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 It might be out of date or be missing some parts.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

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM132725.


Previous

65A: Recovery of unpaid rates from person actually using certain land, or

"Paying unpaid rates for land you're using if the owner hasn't paid"


Next

67: Enforcement of judgment, or

"What happens if you don't pay your rates: the council can take you to court to get the money you owe."

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

66Registration of charging order for judgment for rates

  1. Despite rule 17.52 of the High Court Rules 2016, a charging order issued under rule 17.41 or 17.42 for a judgment of rates, and registered against a rating unit under rule 17.48, continues in force until a memorandum of satisfaction is registered under rule 17.51.

  2. The Limitation Act 2010 applies to subsection (1).

  3. If a charging order for a judgment for rates is registered against a rating unit, the ratepayer must not register a dealing against the unit without the consent of the local authority.

  4. This section applies to a charging order made under this Act or under the Rating Powers Act 1988.

  5. This section and sections 67 to 83 do not apply to Māori freehold land or to the rates payable in respect of Māori freehold land.

Notes
  • Section 66(1): replaced, on , by section 183(c) of the Senior Courts Act 2016 (2016 No 48).
  • Section 66(2): amended, on , by section 58 of the Limitation Act 2010 (2010 No 110).