Local Government (Rating) Act 2002

Replacement of rates and miscellaneous matters - Replacement of rates - Setting rates again

119: Local authority may set rates again

You could also call this:

"A local council can set rates again in the same year if they made a mistake or something changed."

Illustration for Local Government (Rating) Act 2002

If you are part of a local authority, you can set a rate again in the same financial year. You can do this if there was an irregularity in setting the rate, a mistake in calculating the rate, or a relevant change in circumstances. You must also make sure that setting the rate again will not increase the amount of rates for any rating unit.

You can only set a rate again if you give 14 days’ public notice of your intention to do so. You must also follow your local authority’s standing orders for revoking and altering resolutions. The notice must include information about the rate and why you want to set it again.

If setting the rate again changes the amount of rates for a rating unit, you must correct the rates record as soon as possible. You must also follow what section 41 says. This is to make sure everything is fair and correct.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133172.


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120: Replacement of invalid rates, or

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Part 5Replacement of rates and miscellaneous matters
Replacement of rates: Setting rates again

119Local authority may set rates again

  1. A local authority may set a rate again in the financial year in which the rate was set.

  2. Subsection (1) applies if—

  3. the local authority determines that it is desirable to set the rate again because of—
    1. an irregularity in setting the rate; or
      1. a mistake in calculating the rate; or
        1. a relevant change in circumstances; and
        2. setting the rate again will not increase the amount of rates assessed to any rating unit.
          1. A local authority may set a rate again only if—

          2. it has given 14 days’ public notice of its intention to set the rate again; and
            1. it complies with the local authority’s standing orders for the revocation and alteration of resolutions.
              1. Notice under subsection (3) must include—

              2. the information in relation to the rate that was, or would otherwise have been, required to be included in the local authority’s long-term plan or annual plan; and
                1. a statement of the reason why the local authority has determined that it is desirable to set the rate again.
                  1. If setting the rate again results in a change to the amount of rates to be assessed to any rating unit,—

                  2. the rates record for the rating unit must be corrected as soon as practicable; and
                    1. section 41 applies.
                      Notes
                      • Section 119(4)(a): amended, on , by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
                      • Section 119(4)(a): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).