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Local Government (Rating) Act 2002

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

122: Matters relevant to setting replacement rates

You could also call this:

"Setting new rates: considering the old rules and total money collected"

Illustration for Local Government (Rating) Act 2002

When you set new rates to replace old ones, you must make sure the total amount of money you want to collect is not more than what you collected from the old rates. You have to consider what the law said when the old rate was set, not what it says now, because the law may have changed since then. This means you can do everything you could do under the old law, even if that law is not the same anymore.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133177.

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Government and voting > Local councilsHousing and property > Land use
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121: Notice that rates will be replaced, or

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

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123: Rates replacement proposal, or

"A Plan to Change How Rates are Charged"

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

122Matters relevant to setting replacement rates

  1. The total revenue sought from the replacement rates must not exceed the total revenue sought from the rates to be replaced.

  2. For the purposes of setting replacement rates, the local authority has all the powers, duties, and responsibilities that it had under any enactment on the date on which the rate to be replaced was set, even though the law may have changed since that date.