Local Government Act 1974

Special orders

Schedule 12:

You could also call this:

"When councils improve roads, they can claim money from landowners who benefit from the changes"

Illustration for Local Government Act 1974

When a council forms or widens a road or service lane, it can increase the value of nearby land. If you own land that has increased in value, the council might claim money from you for this increase, which is called betterment. The council will send you a notice saying how much money they claim you owe.

The notice will tell you how much money the council thinks you owe, and it will describe the land that has increased in value. The notice is given to you by the Principal Administrative Officer, and it will have their signature and the date on it. You can find out more about this in section 326(3) of the Local Government Act 1974.

If you agree to pay the council, you will have to sign a document saying you will make regular payments, usually every six months. This document is called a charge, and it means you promise to pay the council the money you owe. You can find out more about this in section 326(5)(b) of the Local Government Act 1974.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM425731.


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Schedule 11: Width of roads, access ways, and service lanes, or

"Roads, access ways, and service lanes: rules for their widths"


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Schedule 13: Conditions of fixing levels of roads, or

"How councils decide the height of roads and listen to your concerns"

12

1Claim for payment on account of betterment from the formation or widening of a road or service lane Empowered by s 326(3)

To: [name], owner of an estate or interest in fee simple [or as the case may be] in the land described below.

Whereas the [name of council] has formed or widened [describe road or service lane] in the district whereby the value of the land described below which fronts the said road (or service lane) and in which you are interested as aforesaid, has been increased.

This is to give you notice that the council claims from you the sum of $[amount] on account of betterment for the said increase in value of the said land.

[Description of land]

Given under my hand: [date]

Principal Administrative Officer

2Charge Empowered by s 326(5)(b)

Pursuant to section 326(5)(b) of the Local Government Act 1974, I, the undersigned [name], hereby charge my estate or interest as [describe the estate or interest] in [describe land] with the payment to the [name of council] of [number] equal half-yearly payments of $[amount], each payable on the [specify] day of the months of [months] in each year, the first payment to be made on [date], the charge to be a first charge upon my said estate and interest in priority to all estates, encumbrances, and interests created by me or any of my predecessors in title, as provided by the said Act; and I, the said [name], hereby covenant with the said council to pay to the council the said several instalments on the respective dates aforesaid.

Given under my hand: [date]