Local Government (Rating) Act 2002

Assessment, payment, and recovery of rates and remission, postponement, and write-off of rates - Remission, postponement, and write-off - Postponement of requirement to pay rates

90: Postponed rates may be registered as charge on rating unit

You could also call this:

"The council can put a hold on a property if you owe them rates money."

Illustration for Local Government (Rating) Act 2002

If you owe rates on a property, the local authority can postpone the payment. The local authority can register a notice of charge on the property if they postpone your rates payment under section 87(1). This means you owe them money for the postponed rates.

When the local authority registers a notice of charge, it creates a charge on your property for the amount you owe. The Registrar must not let you sell or deal with the property without the local authority's consent. A notice of charge must be signed by the local authority's chief executive and include details about the property and its owner.

The notice must also explain how the charge amount is calculated under section 87(2). If you pay all the postponed rates, the local authority must register a notice of release of charge. This notice must be signed by the chief executive officer and identify the original notice of charge.

The local authority can identify the property in the notice by referencing its record of title or a plan. For this section, the Registrar refers to the Registrar-General of Land. A record of title is a document that shows who owns a property, as defined in section 5A of the Rating Valuations Act 1998.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM132765.


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Part 3Assessment, payment, and recovery of rates and remission, postponement, and write-off of rates
Remission, postponement, and write-off: Postponement of requirement to pay rates

90Postponed rates may be registered as charge on rating unit

  1. A local authority may register a notice of charge on a rating unit if the local authority has postponed the requirement to pay rates for the rating unit under section 87(1).

  2. If subsection (1) applies,—

  3. a charge on the rating unit is created for the amount owing from time to time to the local authority under section 87(2); and
    1. except with the consent of the local authority, the Registrar must not register any dealing by the owner of the rating unit, of the land comprising the rating unit.
      1. A notice of charge must—

      2. be signed by the chief executive of the local authority; and
        1. identify—
          1. the rating unit (for example, by its street address or rates record identifier); and
            1. the land comprising the rating unit; and
              1. the owner of the rating unit; and
              2. give a summary of how the amount of the charge is determined under section 87(2).
                1. A local authority must register a notice of release of charge if all postponed rates for a rating unit are paid.

                2. A notice of release of charge must—

                3. be signed by the chief executive officer of the local authority; and
                  1. identify the notice of charge to which it relates.
                    1. For the purposes of subsection (3)(b)(ii), the land comprising a rating unit is sufficiently identified—

                    2. in the case of land for which there is a record of title (as defined in section 5A of the Rating Valuations Act 1998) or an instrument (as defined in section 5C(7) of the Rating Valuations Act 1998), by reference to the record of title or instrument; and
                      1. in any other case, by a description adequate for the purposes of this section which may include a plan.
                        1. For the purposes of this section, Registrar means the Registrar-General of Land.

                        Notes
                        • Section 90: substituted, on , by section 8 of the Local Government (Rating) Amendment Act 2004 (2004 No 66).
                        • Section 90(6)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).