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Rates Rebate Act 1973

10: Recovery of overpayments

You could also call this:

"Paying back rates rebates you shouldn't have got"

Illustration for Rates Rebate Act 1973

If you get a rebate on your rates that you are not entitled to, you have to pay it back. The Secretary for Local Government decides if you were entitled to the rebate. If they say you were not entitled to it, you have to pay the amount back as a rate.

If you get a refund on your rates that you are not entitled to, you have to pay it back. You have to pay back the amount of the refund that you were not entitled to. This amount can be recovered from you as a debt to the government.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM409726.

Topics:
Money and consumer rights > TaxesGovernment and voting > Local councils
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9: Refund to territorial authorities of rebates granted, or

"Councils get refunded for rates rebates they give to people"

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11: Information to be supplied and books and documents to be produced, or

"Answer questions honestly and share required documents when applying for a rebate"

10Recovery of overpayments

  1. Where—

  2. any ratepayer has been granted a rebate of rates pursuant to section 5 (including any payment made to the ratepayer pursuant to section 8(1)(d)) or any person has been granted a refund of rates under section 6, 7, or 7A; and
    1. the Secretary for Local Government has declined to refund to the territorial authority the amount of the rebate or refund granted, or any part thereof, on the ground that the ratepayer or person was not entitled to a rebate or refund or was granted a rebate or refund in excess of the amount to which he was entitled,—
        1. the amount of the rebate or refund granted, or, as the case may be, the amount of the excess, shall be deemed to be a rate payable to the territorial authority in respect of the property, and shall be payable and recoverable accordingly.

      1. Where, in any case to which subsection (1) does not apply,—

      2. a rates rebate or refund has been granted under section 5, 6, 7, or 7A; and
        1. the ratepayer or person was not entitled to the rebate or refund or was granted a rebate or refund in excess of the amount to which he was entitled,—
            1. the amount of the rebate or refund granted, or, as the case may be, the amount of the excess, may be recovered from the ratepayer or person as a debt due to the Crown.

          Notes
          • Section 10(1): amended, on , by section 5(2) of the Rates Rebate Amendment Act 1978 (1978 No 35).
          • Section 10(1)(a): amended (with effect from 1 July 2018), on , by section 7(1) of the Rates Rebate (Retirement Village Residents) Amendment Act 2018 (2018 No 1).
          • Section 10(1)(a): amended, on , by section 7 of the Rates Rebate Amendment Act 1978 (1978 No 35).
          • Section 10(1)(b): amended (with effect from 1 July 2018), on , by section 7(2) of the Rates Rebate (Retirement Village Residents) Amendment Act 2018 (2018 No 1).
          • Section 10(1)(b): amended, on , by section 5(2) of the Rates Rebate Amendment Act 1978 (1978 No 35).
          • Section 10(2): amended (with effect from 1 July 2018), on , by section 7(5) of the Rates Rebate (Retirement Village Residents) Amendment Act 2018 (2018 No 1).
          • Section 10(2): amended, on , by section 5(2) of the Rates Rebate Amendment Act 1978 (1978 No 35).
          • Section 10(2)(a): amended (with effect from 1 July 2018), on , by section 7(3) of the Rates Rebate (Retirement Village Residents) Amendment Act 2018 (2018 No 1).
          • Section 10(2)(a): amended, on , by section 5(2) of the Rates Rebate Amendment Act 1978 (1978 No 35).
          • Section 10(2)(b): amended (with effect from 1 July 2018), on , by section 7(4) of the Rates Rebate (Retirement Village Residents) Amendment Act 2018 (2018 No 1).
          • Section 10(2)(b): amended, on , by section 5(2) of the Rates Rebate Amendment Act 1978 (1978 No 35).