Local Government (Rating) Act 2002

Rating of Māori freehold land - Discharge of charging orders

112: Discharge of charging order in full or in part

You could also call this:

"Paying rates can cancel a charging order on your land, either fully or partly."

If you have a charging order on your land, it must be discharged if you pay the rates for the land or if the local authority remits the rates under section 85. This means the charging order will be removed. You can pay the rates or the local authority can remit them.

If you pay the rates or they are remitted, either the Māori Land Court or the local authority will discharge the charging order. The Māori Land Court will do this by making an order, and the local authority will do it in writing.

If you only pay part of the rates or they are only partly remitted, the charging order will be discharged partly. This means it will be removed in proportion to the amount of rates you pay or the amount that is remitted, as decided by the Māori Land Court or the local authority, depending on your situation, and this is related to a charging order made under section 101.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133104.


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111: Māori Land Court may make order for payment, or

"Māori Land Court can order payment of unpaid rates from trust money"


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113: Notation and registration of discharge, or

"Updating records when unpaid rates are paid off, fully or partly"

Part 4Rating of Māori freehold land
Discharge of charging orders

112Discharge of charging order in full or in part

  1. A charging order made under section 101 must be discharged if—

  2. the rates for the land subject to the charging order have been paid; or
    1. the rates have been remitted by the local authority under section 85.
      1. If subsection (1) applies, either—

      2. the Māori Land Court must, by order of the court, discharge the charging order; or
        1. the local authority must discharge the charging order in writing.
          1. If the rates are paid in part or are remitted in part, the Māori Land Court or the local authority, as the case may be, must discharge the charging order in proportion to the amount of the rates paid or the amount for which the rates are remitted.