Plain language law

New Zealand law explained for everyone

Local Government (Rating) Act 2002

Rating of Māori freehold land - Charging orders

99: Application for charging order

You could also call this:

"Asking for a charging order on Māori land when rates are unpaid"

If you own Māori freehold land and you do not pay your rates on time, the local authority can ask the Māori Land Court for a charging order against your land. This can happen if your rates are unpaid six months after they are due. The local authority cannot ask for a charging order for less than $50.

The local authority can only ask for a charging order within six years of when your rates were due. If you pay your rates all at once, this time starts when the rates are due. If you pay your rates in more than one payment, this time starts when the last payment is due.

If the local authority gets a charging order, section 82 of Te Ture Whenua Maori Act 1993 does not apply to the order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM132787.

Topics:
Māori affairs > Māori landGovernment and voting > Local councilsMoney and consumer rights > Taxes
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"You must pay lump sums for the whole rating unit, not just a part of it."

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100: Matters that must be taken into account by Māori Land Court, or

"Things the Māori Land Court must think about when dealing with unpaid rates on Māori land"

Part 4Rating of Māori freehold land
Charging orders

99Application for charging order

  1. If the rates payable on rateable Māori freehold land are unpaid 6 months after the due date, the local authority may apply to the Māori Land Court for an order charging the unpaid rates against the land.

  2. No application under subsection (1) may be made for an order charging a sum of less than $50.

  3. An application under subsection (1) may not be made later than 6 years after the date on which—

  4. the rates became due in that financial year in the case of rates payable in 1 payment in a financial year; or
    1. the last payment of rates became due in that financial year in the case of rates payable by more than 1 payment in a financial year.

      1. Section 82 of Te Ture Whenua Maori Act 1993 does not apply to a charging order made under this Part.