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Local Government (Rating) Act 2002

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

124: Adoption of rates replacement proposal

You could also call this:

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

Illustration for Local Government (Rating) Act 2002

When a local authority adopts a rates replacement proposal, the new rates in the proposal take effect and the old rates are no longer used. The new rates are set and the old ones cease to have effect. You need to know that the old rates were lawful when they were used before the new proposal was adopted. If you paid the old rates, that payment is still lawful, and any rates rebate you got under the Rates Rebate Act 1973 is not affected. Any discount or penalty given before the new proposal was adopted is also still lawful, as is any remission of rates or action to recover unpaid rates taken by the local authority.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133181.

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Government and voting > Local councilsHousing and property > Land use
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123: Rates replacement proposal, or

"A Plan to Change How Rates are Charged"

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

124Adoption of rates replacement proposal

  1. On the adoption of a rates replacement proposal,—

  2. the replacement rates identified in the proposal are set; and
    1. the rates to be replaced cease to have effect.

      1. Subsection (1)(b) does not affect—

      2. the lawfulness of the actions of the local authority in assessing rates before the adoption of the rates replacement proposal; or
        1. the lawfulness of the payment of the rates and of the local authority receiving that payment before the adoption of the rates replacement proposal; or
          1. a rates rebate granted under the Rates Rebate Act 1973 before the adoption of the rates replacement proposal; or
            1. a discount given under a policy provided for in section 55(3) or section 56(4), or a penalty imposed under section 57, before the adoption of the rates replacement proposal; or
              1. a remission of rates before the adoption of the rates replacement proposal; or
                1. the lawfulness of an action to recover unpaid rates taken by the local authority before the adoption of the rates replacement proposal.