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Local Government (Rating) Act 2002

Replacement of rates and miscellaneous matters - Replacement of rates - Replacing invalid rates

120: Replacement of invalid rates

You could also call this:

"Fixing incorrect council rates"

Illustration for Local Government (Rating) Act 2002

If a court tells a local authority to replace invalid rates, you know the local authority has to do it. A local authority can also choose to set new rates if it thinks the current ones might not be valid. This can happen if a lawyer thinks the rates would be invalid if checked by the High Court.

A local authority might also want to set a rate again because something went wrong when it was set, like a mistake in the calculation or a change in circumstances. You can think of it like fixing a mistake on a test - the local authority gets to retry setting the rate. The local authority has to tell the Secretary of Local Government within 14 days if it decides to set new rates for these reasons.

When a local authority sets new rates, it is like replacing the old ones with new ones that are correct. You can expect the local authority to follow the rules and make sure the new rates are fair and valid. The local authority has to work with the Secretary of Local Government and follow the proper process to set new rates.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133175.

Topics:
Government and voting > Local councilsHousing and property > Land use
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119: Local authority may set rates again, or

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

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121: Notice that rates will be replaced, or

"Warning: Old rates are being replaced with new ones"

Part 5Replacement of rates and miscellaneous matters
Replacement of rates: Replacing invalid rates

120Replacement of invalid rates

  1. A local authority must set replacement rates if a court of competent jurisdiction orders the local authority to do so.

  2. A local authority may decide to set replacement rates if—

  3. it has obtained an opinion from a barrister or solicitor that the rates in question would be likely to be set aside or declared invalid if they were subjected to judicial review by the High Court; or
    1. 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.

          2. A local authority must notify the Secretary of Local Government of a decision under subsection (2)(b) within 14 days after the decision is made.