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Local Government (Rating) Act 2002

Rating of Māori freehold land - Enforcement of charging orders

108: Māori Land Court may enforce charging order

You could also call this:

"Māori Land Court can help get unpaid rates from Māori land owners in a fair way."

If you have a charging order made under section 101 and it is not paid after 6 months, the local authority can ask the Māori Land Court to help get the money. The Māori Land Court will help if it thinks it is fair to the land owners. It can do this by appointing a receiver or creating an ahu whenua trust.

The Māori Land Court can appoint a receiver under section 83 of Te Ture Whenua Maori Act 1993 to manage the land and get the money. It can also create an ahu whenua trust under section 215 of Te Ture Whenua Maori Act 1993. This helps the local authority get the money owed to them.

Before the Māori Land Court makes a decision, you must consider if the land can produce enough income to pay rates in the future. The Court must also listen to what the land owners and the local authority have to say. This ensures that everyone's views are heard before a decision is made.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM132799.

Topics:
Māori affairs > Māori landGovernment and voting > Local councilsHousing and property > Land use
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"What happens to a charging order when land is divided into smaller parts"

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Part 4Rating of Māori freehold land
Enforcement of charging orders

108Māori Land Court may enforce charging order

  1. If a charging order made under section 101 remains unsatisfied for 6 months, the local authority may apply to the Māori Land Court to enforce the charging order under subsection (2).

  2. If the Māori Land Court is satisfied that it would not be contrary to the interests of the owners to do so, it must, without further application, enforce the charging order by—

  3. appointing a receiver under section 83 of Te Ture Whenua Maori Act 1993 in respect of the relevant land for the purpose of enforcing the charging order; or
    1. constituting an ahu whenua trust under section 215 of Te Ture Whenua Maori Act 1993.

      1. The Māori Land Court must not make an order under subsection (2) unless it has first—

      2. considered whether the land is capable of producing an income that would enable the payment of rates on the land in the future; and
        1. heard evidence and submissions put forward by any owners of the land and by the local authority.