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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 - Abandoned land

79: Conduct of sale or lease of abandoned land

You could also call this:

"Selling or leasing abandoned land must be done fairly through auctions or tenders with a minimum price set."

Illustration for Local Government (Rating) Act 2002

When you sell or lease abandoned land, it must be done through a public auction or public tender. The local authority can set any terms or conditions they think are suitable, but they must put a reserve price on the land. This means they decide on a minimum price they will accept for the land.

The local authority has the power to refuse any offer or to keep putting the land up for sale or lease until it is sold. If the land does not sell through a public auction or tender, the local authority can sell or lease it privately, but only for a price that is at least the reserve price.

The local authority can even bid on the land themselves at a public auction, and they can buy it, but they must bid at least the reserve price.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM132745.

Topics:
Government and voting > Local councilsHousing and property > Land use
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"Court can sell or lease land if it's been abandoned by its owner"

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80: Execution of documents for abandoned land, or

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Part 3Assessment, payment, and recovery of rates and remission, postponement, and write-off of rates
Assessment, payment, and recovery: Abandoned land

79Conduct of sale or lease of abandoned land

  1. A sale or lease of abandoned land must be by public auction or public tender.

  2. A sale or lease is subject to any terms or conditions that the local authority thinks appropriate, but it must place a reserve on the land.

  3. Without limiting the powers of the local authority, the local authority may—

  4. refuse any tender; or
    1. put the abandoned land up for sale or lease as often as may be required until it is sold or leased.

      1. If the abandoned land is not sold or leased at public auction or by public tender, the local authority may sell or lease the land by private treaty for any consideration that is not less than the reserve.

      2. The local authority may bid for the abandoned land at any public auction of it and may buy the land, but the local authority must not bid less than the reserve price.