Local Government Act 2002

Savings

Schedule 11: Matters relating to rates relief on Māori freehold land

You could also call this:

"Rules for helping Māori landowners with rate payments on special Māori land"

Illustration for Local Government Act 2002

When you look at Māori freehold land, you need to think about some important things. You have to consider how good it is to keep the land for its traditional uses and how it connects to Māori culture and history. You also need to think about how to stop the land from being sold and how to help the owners use it for economic purposes.

You should look at things like whether the land has special spiritual sites, called waahi tapu, and how important it is for the local community, including marae and housing. You also need to think about the natural environment, like the coast and special plants and animals. The local authority must consider these things when deciding about rates relief on Māori freehold land, as stated in section 108(4).

The local authority has to think about how their decisions will affect the land and its owners, and whether not paying rates or postponing payment will help or hurt the community's goals, as outlined in clause 2. They must consider all these things to make a fair decision about rates relief on Māori freehold land.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM176082.


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11Matters relating to rates relief on Māori freehold land Empowered by ss 5(2), 108(4), 109(2), 110(2)

1

The matters that the local authority must consider under section 108(4) are—

  • the desirability and importance within the district of each of the objectives in clause 2; and
    1. whether, and to what extent, the attainment of any of those objectives could be prejudicially affected if there is no remission of rates or postponement of the requirement to pay rates on Māori freehold land; and
      1. whether, and to what extent, the attainment of those objectives is likely to be facilitated by the remission of rates or postponement of the requirement to pay rates on Māori freehold land; and
        1. the extent to which different criteria and conditions for rates relief may contribute to different objectives.
            1. 2

              The objectives referred to in clause 1 are—

            2. supporting the use of the land by the owners for traditional purposes:
              1. recognising and supporting the relationship of Māori and their culture and traditions with their ancestral lands:
                1. avoiding further alienation of Māori freehold land:
                  1. facilitating any wish of the owners to develop the land for economic use:
                    1. recognising and taking account of the presence of waahi tapu that may affect the use of the land for other purposes:
                      1. recognising and taking account of the importance of the land in providing economic and infrastructure support for marae and associated papakainga housing (whether on the land or elsewhere):
                        1. recognising and taking account of the importance of the land for community goals relating to—
                          1. the preservation of the natural character of the coastal environment:
                            1. the protection of outstanding natural features:
                              1. the protection of significant indigenous vegetation and significant habitats of indigenous fauna:
                              2. recognising the level of community services provided to the land and its occupiers:
                                1. recognising matters related to the physical accessibility of the land.