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Local Government (Rating) Act 2002

Rating of Māori freehold land - Separate rating areas on Māori freehold land

98A: How rating unit on Māori freehold land divided into separate rating areas

You could also call this:

"Dividing Māori freehold land into separate areas for paying rates"

If you own Māori freehold land, you can ask the local authority to divide it into separate areas for rating. The local authority can do this if you request it. They will consider your request and may divide the land into separate areas if it meets certain conditions.

If part of your land has a house on it and is used separately from the rest of the land, the local authority must consider making it a separate rating area. You will need to provide information about the person using the land and proof that they agree to the request.

If someone else manages your land, they will need to make the request for a separate rating area with your consent. The local authority will then notify the person paying the rates for the land about the request. You can make a request for a separate rating area at any time during the year.

It's worth noting that dividing your land into separate rating areas does not give anyone new rights to occupy or own the land. You can find more information about changes to this law in the Local Government (Rating of Whenua Māori) Amendment Act 2021.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS515807.

Topics:
Government and voting > Local councilsHousing and property > Land useMāori affairs > Māori land
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98: Ratepayer of underlying rating unit not liable for rates on separate rating area, or

"You don't pay rates for a separate area within your property"

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98B: Apportionment of rates for separate rating areas, or

"How rates are split for Māori land that is divided into separate areas"

Part 4Rating of Māori freehold land
Separate rating areas on Māori freehold land

98AHow rating unit on Māori freehold land divided into separate rating areas

  1. A local authority may divide a separate rating area from a rating unit on Māori freehold land on the request of a person in accordance with this section.

  2. A local authority must determine a part of a rating unit to be a separate rating area if the identified part of the rating unit—

  3. comprises a dwelling; and
    1. is used separately from the other land in the rating unit.

      1. If the rating unit is managed by a trustee, the request for a separate rating area—

      2. must be made by the trustee with the consent of the person actually using the identified part of the rating unit; and
        1. must include the full name and postal address of the person actually using the identified part of the rating unit and evidence that they consent to the request.

          1. If the rating unit is not managed by a trustee, the request for a separate rating area may be made by the person actually using the identified part of the rating unit.

          2. On receiving a request under subsection (4), a local authority must notify the ratepayer or ratepayers for the rating unit of the request.

          3. Requests for separate rating areas may be made at any time during the financial year.

          4. The division of a separate rating area from a rating unit under this section does not create any right of occupancy or interest in the land.

          Notes
          • Section 98A: inserted, on , by section 48 of the Local Government (Rating of Whenua Māori) Amendment Act 2021 (2021 No 12).