Rating Valuations Act 1998

2 Interpretation

• In this Act, unless the context otherwise requires,—

  annual value, in relation to any rating unit, means the greater of—

  • (a) the rent at which the unit would let from year to year, reduced by—

    • (i) 20% in the case of houses, buildings, and other perishable property; and

    • (ii) 10% in the case of land and other hereditaments:

  • (b) 5% of the capital value of the fee simple of the unit

  capital value of land means, subject to sections 20 and 21, the sum that the owner's estate or interest in the land, if unencumbered by any mortgage or other charge, might be expected to realise at the time of valuation if offered for sale on such reasonable terms and conditions as a bona fide seller might be expected to require

  department means Land Information New Zealand, or such other department or ministry as has, with the authority of the Prime Minister, for the time being assumed responsibility for the administration of this Act

  district means the district over which the jurisdiction of a local authority to set rates extends

  district plan means a district plan within the meaning of the Resource Management Act 1991

  district valuation roll means a roll prepared for a district under section 7 and approved under section 11; and valuation roll and roll have corresponding meanings

  existing roll values, in the situation where a valuation is required to preserve uniformity with existing roll values of comparable parcels of land, means the values appearing on the district valuation roll—

  • (a) as revised in the most recent general revaluation of that roll approved by the Valuer-General under section 11; and

  • (b) as updated in consequence of any alterations made in connection with that general revision under section 35 or section 39

  general revaluation means the periodic revaluation of all rating units on a valuation roll required by section 9

  improvements, in relation to any land, means all work done or material used at any time on or for the benefit of the land by the expenditure of capital or labour, so far as the effect of the work done or material used is to increase the value of the land and its benefit is not exhausted at the time of valuation; but does not include—

  • (a) work done or material used in—

    • (i) the provision of roads or streets, or in the provision of water, drainage or other amenities in connection with the subdivision of the land for building purposes:

    • (ii) the draining, excavation, filling, or reclamation of the land, or the making of retaining walls or other related works:

    • (iii) the grading or levelling of the land or the removal of rocks, stone, sand, or soil:

    • (iv) the removal or destruction of vegetation, or the effecting of any change in the nature or character of the vegetation:

    • (v) the alteration of soil fertility or of the structure of the soil:

    • (vi) the arresting or elimination of erosion or flooding:

  • (b) except in the case of land owned or occupied by the Crown or by a statutory public body, work done or material used on or for the benefit of the land by the Crown or any statutory body except to the extent that it has been paid for by way of direct contribution

  land means all land, tenements, and hereditaments, whether corporeal or incorporeal, in New Zealand, and all chattel or other interests in the land, and all trees growing or standing on the land

  Land Valuation Tribunal or Tribunal means a Land Valuation Tribunal established under the Land Valuation Proceedings Act 1948

  land value, in relation to any land, and subject to sections 20 and 21, means the sum that the owner's estate or interest in the land, if unencumbered by any mortgage or other charge, might be expected to realise at the time of valuation if—

  • (a) offered for sale on such reasonable terms and conditions as a bona fide seller might be expected to impose; and

  • (b) no improvements had been made on the land

  local authority means a territorial authority or regional council

  minerals includes all minerals, metals, coal, oil, kauri gum, clay, stone, gravel, sand, precious stones, and water; and includes petroleum within the meaning of Part 1 of the Crown Minerals Act 1991

  Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

  owner means the person who, whether jointly or separately, is seised or possessed of or entitled to any estate or interest in land constituting a rating unit

  ratepayer has the same meaning as in section 11 of the Local Government (Rating) Act 2002

  rates means general rates, uniform annual general charges and targeted rates under the Local Government (Rating) Act 2002

  rating unit has the meaning given to it under sections 5B and 5C

  regional council means a regional council within the meaning of the Local Government Act 2002

  registered valuer means a valuer registered under the Valuers Act 1948

  territorial authority means a territorial authority within the meaning of the Local Government Act 2002

  valuation services—

  • (a) includes—

    • (i) the fixing or altering of the values of any rating unit:

    • (ii) the altering of any such value on objection:

    • (iii) the distribution of the rateable value of a rating unit for the purpose of section 27(5) of the Local Government (Rating) Act 2002:

  • (b) does not include—

    • (i) services in relation to the preparation or maintenance of a district valuation roll that are of a clerical or minor nature only and do not require expertise in the area of valuation:

    • (ii) any services specified for the purposes of this paragraph in rules made under this Act

  value of improvements means the added value which at the date of valuation the improvements give to land.

  Compare: 1951 No 19 s 2

  Section 2 annual value: amended (but only for the purpose of rating in a financial year that begins on or after 1 July 2003), on 31 March 2002, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

  Section 2 annual value paragraph (a): amended (but only for the purpose of rating in a financial year that begins on or after 1 July 2003), on 31 March 2002, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

  Section 2 annual value paragraph (b): amended (but only for the purpose of rating in a financial year that begins on or after 1 July 2003), on 31 March 2002, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

  Section 2 district: amended (but only for the purpose of rating in a financial year that begins on or after 1 July 2003), on 31 March 2002, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

  Section 2 equalisation adjustment: repealed (but only for the purpose of rating in a financial year that begins on or after 1 July 2003), on 31 March 2002, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

  Section 2 equalisation certificate: repealed (but only for the purpose of rating in a financial year that begins on or after 1 July 2003), on 31 March 2002, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

  Section 2 general revaluation: amended (but only for the purpose of rating in a financial year that begins on or after 1 July 2003), on 31 March 2002, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

  Section 2 improvements: amended (but only for the purpose of rating in a financial year that begins on or after 1 July 2003), on 31 March 2002, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

  Section 2 improvements paragraph (a): amended (but only for the purpose of rating in a financial year that begins on or after 1 July 2003), on 31 March 2002, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

  Section 2 local authority: substituted (but only for the purpose of rating in a financial year that begins on or after 1 July 2003), on 31 March 2002, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

  Section 2 occupier: repealed (but only for the purpose of rating in a financial year that begins on or after 1 July 2003), on 31 March 2002, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

  Section 2 owner: amended (but only for the purpose of rating in a financial year that begins on or after 1 July 2003), on 31 March 2002, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

  Section 2 ratepayer: inserted (but only for the purpose of rating in a financial year that begins on or after 1 July 2003), on 31 March 2002, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

  Section 2 rates: substituted (but only for the purpose of rating in a financial year that begins on or after 1 July 2003), on 31 March 2002, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

  Section 2 rates-postponement value: repealed (but only for the purpose of rating in a financial year that begins on or after 1 July 2003), on 31 March 2002, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

  Section 2 rating unit: inserted (but only for the purpose of rating in a financial year that begins on or after 1 July 2003), on 31 March 2002, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

  Section 2 regional council: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

  Section 2 special purpose authority: repealed (but only for the purpose of rating in a financial year that begins on or after 1 July 2003), on 31 March 2002, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

  Section 2 special rateable value: repealed (but only for the purpose of rating in a financial year that begins on or after 1 July 2003), on 31 March 2002, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

  Section 2 territorial authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

  Section 2 valuation services paragraph (a)(i): amended (but only for the purpose of rating in a financial year that begins on or after 1 July 2003), on 31 March 2002, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

  Section 2 valuation services paragraph (a)(iii): substituted (but only for the purpose of rating in a financial year that begins on or after 1 July 2003), on 31 March 2002, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).