Local Government (Rating) Act 2002

Replacement of rates and miscellaneous matters - Replacement of rates - Particular circumstances

128: Subdivision of rating unit

You could also call this:

"What happens to rates when you sell part of your property"

Illustration for Local Government (Rating) Act 2002

If you own a rating unit and you sell or transfer part of it, subsection 2 applies. This happens when the sale or transfer occurs before the new rates are set. You need to know that the local authority will divide any extra money or debt from the rating unit among the different parts of it, based on how much each part is worth for rating purposes.

The local authority can also choose to give each part of the rating unit its share of any extra money, or they can cancel any debt that is owed. They do this by looking at the total rating unit and deciding how to split the extra money or debt among the parts. This means that if you sell part of your rating unit, the local authority will work out how to divide any extra money or debt between the parts that were sold and the parts that were kept.

When the local authority divides the extra money or debt, they use the rateable values of each part of the rating unit to decide how much each part should get. This helps to make sure that each part of the rating unit pays its fair share of 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=DLM133187.


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Part 5Replacement of rates and miscellaneous matters
Replacement of rates: Particular circumstances

128Subdivision of rating unit

  1. Subsection (2) applies if—

  2. part of a rating unit for the relevant year is sold or otherwise transferred; and
    1. the sale or transfer occurs before replacement rates are set.
      1. The local authority—

      2. must allocate any excess or deficit in respect of a rating unit among the several parts of that rating unit in proportion to the rateable values of those parts; and
        1. may—
          1. credit each of the several parts with the amount of the excess that is calculated in respect of the total rating unit; or
            1. cancel the deficit that is calculated in respect of the total rating unit.