Local Government (Rating) Act 2002

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

98B: Apportionment of rates for separate rating areas

You could also call this:

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

When a local authority divides Māori freehold land into separate rating areas, they must split the rates between each area. You will have rates assessed for the whole area, and then the local authority will apportion these rates between each separate rating area. The local authority uses the same values and factors that were used to assess the total rates for the area under section 43.

The local authority apportions the general rate by splitting the rateable valuation of the area between each separate rating area. They always use the same category of rateable land under section 14 that applies to the area. They also apportion any uniform annual general charge set under section 15(1)(a) equally between each separate rating area.

The local authority apportions any uniform annual general charge set under section 15(1)(b) equally between each separate rating area that is a separately used or inhabited part of the area. You can find more information about this in clauses 15 and 20 of Schedule 10 of the Local Government Act 2002. They apportion any targeted rate by splitting the factors under section 18 between each separate rating area.

The local authority always uses the same category of rateable land under section 17 that applies to the area. To avoid doubt, the sum of the apportionments of all rates for the separate rating areas must equal the sum of all rates that would apply to the area without apportionment. This means the total rates for the separate areas will be the same as the total rates for the whole area.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS515808.


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

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


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98C: Contents of rates assessment for separate rating area, or

"What's in a rates bill for a special area?"

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

98BApportionment of rates for separate rating areas

  1. The local authority must apportion the rates assessed for the underlying rating unit between each separate rating area and any residual rating area in the unit as follows:

  2. the apportionment of any rate must be assessed in accordance with the same values and factors that were used to assess the total rates for the underlying rating unit under section 43; and
    1. any general rate must be apportioned between separate rating areas and any residual rating area by apportioning the rateable valuation of the underlying rating unit between each separate rating area and any residual rating area, but always using the same category of rateable land under section 14 that applies to the underlying rating unit; and
      1. any uniform annual general charge set under section 15(1)(a) for the underlying rating unit must be apportioned equally between each separate rating area and any residual rating area in the underlying rating unit; and
        1. any uniform annual general charge set under section 15(1)(b) for the underlying rating unit must be apportioned equally between each separate rating area and any residual rating area in the underlying rating unit that is a separately used or inhabited part of the rating unit according to the local authority’s definition (see clauses 15 and 20 of Schedule 10 of the Local Government Act 2002); and
          1. any targeted rate must be apportioned between each separate rating area and any residual rating area in the underlying rating unit by apportioning the factors under section 18 that apply to the underlying rating unit between each separate rating area and any residual rating area, but always using the same category of rateable land under section 17 that applies to the underlying rating unit; and
            1. to avoid doubt, the sum of the apportionments of all rates for the separate rating areas and any residual rating area must equal the sum of all rates that would apply to the underlying rating unit without apportionment.
              Notes
              • Section 98B: inserted, on , by section 48 of the Local Government (Rating of Whenua Māori) Amendment Act 2021 (2021 No 12).