Local Government (Rating) Act 2002

Replacement of rates and miscellaneous matters - Replacement of rates - Rates replacement proposal

123: Rates replacement proposal

You could also call this:

"A Plan to Change How Rates are Charged"

Illustration for Local Government (Rating) Act 2002

When a local authority wants to replace rates, they must create a rates replacement proposal. You need to know this proposal is prepared in a special way that involves consulting with the community. The local authority must follow certain steps to make this proposal.

The proposal must include some important information, such as the year it applies to and details about the current rates. It must also explain which rates will be replaced, why they are being replaced, and what the new rates will be. The proposal must include a link to section 103 of the Local Government Act 2002 and explain how the new rates fit with this policy.

The local authority must give notice of the proposal to every ratepayer in the district. This notice must include a summary of certain parts of the law, such as sections 126 and 127, and explain how the new rates will affect ratepayers. The notice must also say whether the local authority plans to make more changes to rates in the future.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133179.


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122: Matters relevant to setting replacement rates, or

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


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124: Adoption of rates replacement proposal, or

"When a council adopts a new plan to replace old rates, the new rates take effect and the old ones stop being used."

Part 5Replacement of rates and miscellaneous matters
Replacement of rates: Rates replacement proposal

123Rates replacement proposal

  1. Replacement rates must be set by the adoption of a rates replacement proposal prepared in accordance with the special consultative procedure.

  2. A rates replacement proposal must—

  3. identify the relevant year; and
    1. for each of the rates set and assessed by the local authority in the relevant year, state—
      1. the date on which the rate was set; and
        1. whether it is a general rate based on rateable value, a uniform annual general charge, or a targeted rate; and
        2. identify which of the rates referred to in paragraph (b) are proposed to be replaced and the reasons for their replacement; and
          1. for each proposed replacement rate, state whether it is a general rate based on a rateable value, a uniform annual general charge, or a targeted rate; and
            1. identify any difference between the revenue sought from the rates to be replaced and that proposed to be sought from the replacement rates and the reasons for that difference; and
              1. explain any departure from the revenue and financing policy under section 103 of the Local Government Act 2002 and the reasons for that departure; and
                1. explain any difference in basis or type of rates between the rates to be replaced and the replacement rates; and
                  1. describe the general effect that the rates replacement proposal is expected to have on the overall liability of ratepayers or groups of ratepayers within the district for rates for the relevant year.
                    1. In giving notice of the rates replacement proposal under the special consultative procedure, the local authority must give specific notice of the proposal to every ratepayer of the district.

                    2. The notice must include—

                    3. a summary of sections 126 and 127; and
                      1. a statement that the proposal will not affect rates set and assessed in years after the relevant year and, if a rates replacement proposal is intended for any of those years, a statement of that intention.
                        Notes
                        • Section 123(2)(f): substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).