Local Government (Rating) Amendment Act 2004

Local Government (Rating) Amendment Act 2004

Public Act2004 No 66
Date of assent6 July 2004

The Parliament of New Zealand enacts as follows:

1 Title
2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Non-rateable land liable for certain rates
  • Section 9(a) of the principal Act is amended by omitting the word waste, and substituting the word refuse.

4 New sections 28A to 28D inserted
  • The principal Act is amended by inserting, after section 28, the following sections:

    28A inspection of complete rating information database
    • (1) In this section, and sections 28B to 28D, database means the database—

      • (a) that the local authority must make available under subsection (2); and

      • (b) that contains the information required under subsection (3).

      (2) For the purpose of inspecting any information in relation to a particular rating unit, a copy of the local authority's complete rating information database must be—

      • (a) available to any person—

        • (i) at the principal public office of the local authority; and

        • (ii) during office hours; and

      • (b) accessible to the person by the person—

        • (i) accessing the database by himself or herself; or

        • (ii) requesting an officer of the local authority to provide the information.

      (3) The rating information database made available under subsection (2) must include, for each rating unit in the district, all the information that the local authority holds in its rating information database in relation to that rating unit, including—

      • (a) the name of the owner of the rating unit; and

      • (b) the postal address of the owner of the rating unit.

      (4) The local authority may make the database or any part of it available at any other office of the local authority, but only in the same manner as it is accessible by people at the principal public office.

      (5) No fee is payable for inspecting any database made available under this section, but a person may be charged a reasonable fee for being supplied with a copy of the particulars.

      (6) For the avoidance of doubt, a person may make, at the same inspection of the database, a series of requests about particular rating units, as long as the requests are—

      • (a) related; and

      • (b) for purposes other than for the bulk collection of the names or postal addresses (or both) of people included in the database.

      (7) This section—

      • (a) overrides sections 27(3) and 28; and

      • (b) is modified by section 28D.

    28B Local authority must inform owners of right to withhold certain information from database
    • The local authority—

      • (a) must, by written notice, inform every owner included in its rating information database, annually, that he or she has the right under section 28C to request the local authority to withhold his or her name or postal address (or both) from the database; and

      • (b) may give the written notice in conjunction with any other rates information the local authority is required to provide.

    28C Owner entered on database may require local authority to withhold information from database
    • (1) An owner whose particulars are included on the database may request the local authority to withhold his or her name or postal address (or both) from the database.

      (2) An owner who makes a request under subsection (1)—

      • (a) must make the request in writing; but

      • (b) is not required to provide reasons for the request.

      (3) On receipt of a request, the local authority must, as soon as practicable,—

      • (a) remove the relevant particulars from the database; and

      • (b) notify the owner who made the request of the removal of his or her particulars.

      (4) An owner whose particulars have been removed from the database may, at any time by written notice, revoke the request. The local authority must then, as soon as practicable, restore those particulars to the database.

    28D Transitional provision for local authority to establish database
    • (1) Every local authority must make available for inspection its first database before 31 December 2005.

      (2) For the purposes of this section, each local authority must inform every owner included in its rating information database of the right of the owner to request the withholding of his or her name or postal address (or both) from the database.

      (3) The notice under subsection (2)—

      • (a) must be in writing; and

      • (b) must be made before 31 October 2005; and

      • (c) may be made in conjunction with any other rates information the local authority is required to provide.

5 Inspection of rates records
  • (1) Section 38(1) of the principal Act is amended by repealing paragraph (d), and substituting the following paragraph:

    • (d) a solicitor, a person (not being a lawyer) who provides conveyancing services, a real estate agent, or any other person, who—

      • (i) is a party to (or acting as an agent for a party to) a transaction relating to the rating unit; and

      • (ii) reasonably requires the information in the rates record for the purposes of the transaction:.

    (2) Section 38 of the principal Act is amended by adding the following subsection:

    • (3) For the purposes of this section, a local authority may request from a person, by any reasonable means that the local authority considers appropriate, confirmation that he or she—

      • (a) falls within the class of people described in subsection (1)(d)(i); and

      • (b) reasonably requires the information in the rates record for the purposes of subsection (1)(d)(ii).

6 Enforcement of judgment
  • Section 67(2)(a) of the principal Act is amended by omitting the words principal administrative officer, and substituting the words chief executive officer.

7 Application of proceeds of rating sale or lease
  • (1) Section 75(d) of the principal Act is amended by omitting the expression section 66, and substituting the expression section 65.

    (2) Section 75(g) of the principal Act is amended by omitting the expression section 66, and substituting the expression section 65.

8 New section 90 substituted
  • The principal Act is amended by repealing section 90, and substituting the following section:

    90 Postponed rates may be registered as charge on rating unit
    • (1) A local authority may register a notice of charge on a rating unit if the local authority has postponed the requirement to pay rates for the rating unit under section 87(1).

      (2) If subsection (1) applies,—

      • (a) a charge on the rating unit is created for the amount owing from time to time to the local authority under section 87(2); and

      • (b) except with the consent of the local authority, the Registrar must not register any dealing by the owner of the rating unit, of the land comprising the rating unit.

      (3) A notice of charge must—

      • (a) be signed by the chief executive of the local authority; and

      • (b) identify—

        • (i) the rating unit (for example, by its street address or rates record identifier); and

        • (ii) the land comprising the rating unit; and

        • (iii) the owner of the rating unit; and

      • (c) give a summary of how the amount of the charge is determined under section 87(2).

      (4) A local authority must register a notice of release of charge if all postponed rates for a rating unit are paid.

      (5) A notice of release of charge must—

      • (a) be signed by the chief executive officer of the local authority; and

      • (b) identify the notice of charge to which it relates.

      (6) For the purposes of subsection (3)(b)(ii), the land comprising a rating unit is sufficiently identified—

      • (a) in the case of land for which there is a certificate of title (as defined in section 5A of the Rating Valuations Act 1998) or an instrument (as defined in section 5C(7) of the Rating Valuations Act 1998), by reference to the certificate of title or instrument; and

      • (b) in any other case, by a description adequate for the purposes of this section which may include a plan.

      (7) For the purposes of this section, Registrar means the Registrar-General of Land.

9 Delegation
  • Section 132(1)(a) of the principal Act is amended by omitting the words principal administrative officer, and substituting the words chief executive officer.

10 Evidence of certain matters
  • Section 135(2) of the principal Act is amended by omitting the words principal administrative officer, and substituting the words chief executive officer.

11 Transitional provision for rates remission
  • Section 139 of the principal Act is amended by inserting, after subsection (2), the following subsection:

    • (2A) Despite subsection (2), a local authority that has adopted a long-term council community plan for a period beginning on 1 July 2003 may remit rates, as if the Rating Powers Act 1988 were in force, until the close of 30 June 2005.

12 Schedule 5 amended
  • Part 3 of Schedule 5 of the principal Act is amended by omitting the item relating to the Local Government (Electoral) Regulations 1992.

13 Consequential amendment to Resource Management Act 1991
  • Clause 5(1A)(a) of Schedule 1 of the Resource Management Act 1991 is amended by omitting the words person whose name for the time being appears in the occupier's column of the valuation roll, and substituting the word ratepayer.

14 Consequential amendments to Local Electoral Regulations 2001
  • (1) In this section, the Local Electoral Regulations 2001 (SR 2001/145) are called the principal regulations.

    (2) Regulation 15 of the principal regulations is amended by—

    • (a) omitting from paragraph (a) the words an occupier of a separately rateable property, and substituting the words a ratepayer of a rating unit ; and

    • (b) repealing paragraph (b), and substituting the following paragraph:

      • (b) that any organisation, body, society, or association (whether corporate or unincorporate), or any joint owners, that are ratepayers in respect of a rating unit may nominate as a ratepayer elector any member or officer of the organisation, body, society, or association, or 1 of the joint owners, as long as the person nominated is registered as a parliamentary elector for an address that is outside the local government area in which the rating unit is situated; and;

      and

    • (c) omitting from paragraph (d) the words no matter how many properties are owned within that area, and substituting the words even if more than one rating unit is owned in that area.

    (3) Regulation 16(1) of the principal regulations is amended by omitting the words occupier or occupiers of each separately rateable property, and substituting the words ratepayer or ratepayers of each rating unit.

    (4) Regulation 16 of the principal regulations is amended by revoking subclause (2), and substituting the following subclause:

    • (2) The ratepayer or ratepayers of any rating unit may, at any time in the period specified in regulation 10(2), confirm the enrolment of any person as a ratepayer elector of the rateable unit by delivering to the electoral officer a completed enrolment confirmation form for the person and the rateable unit.

    (5) Regulation 16(3) of the principal regulations is amended by omitting the words occupiers of a separately rateable property, and substituting the words ratepayer of a rating unit.

    (6) Regulation 17(1)(a)(ii) of the principal regulations is amended by omitting the word property, and substituting the words rating unit.

    (7) Regulation 18 of the principal regulations is amended by—

    • (a) omitting from subclause (1)

      • (i) the words occupies any separately rateable property within the meaning of the Rating Powers Act 1988 and whose name appears in the occupier's column of the district valuation roll as the occupier of that separately rateable property, and substituting the words is the ratepayer of a rating unit ; and

      • (ii) the words the property, and substituting the words the rating unit.

    • (b) omitting from subclause (2)

      • (i) the words jointly occupy any separately rateable property within the meaning of the Rating Powers Act 1988 and whose names appear in the occupier's column of the district valuation roll as the joint occupiers of that separately rateable property may nominate 1 of those joint occupiers, and substituting the words are ratepayers for a rating unit may nominate 1 of those ratepayers ; and

      • (ii) the words the property, and substituting the words the rating unit ; and

    • (c) omitting from subclause (3) the word property, and substituting the words rating unit ; and

    • (d) omitting from subclause (4) the words occupiers, own 2 or more separately rateable properties within the region, district, or community, the organisation, body, society, or association, or the joint occupiers, and substituting the words owners, own 2 or more rating units within the region, district, or community, the organisation, body, society, or association, or the joint owners.

    • (e) omitting from subclause (5) the word occupiers, and substituting the word owners.

    (8) Regulation 19(2) of the principal regulations is amended by omitting the words separately rateable property of which the applicant is an occupier, and substituting the words rating unit of which the applicant is a ratepayer.

    (9) The principal regulations are amended by repealing Schedule 1, and substituting the schedule set out in the Schedule of this Act.


Schedule
New Schedule 1 substituted in Local Electoral Regulations 2001

s 14(9)

Schedule 1
Enrolment form for ratepayer electors

r 20

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Legislative history

29 March 2004Introduction, (Bill 111-1)
7 April 2004First reading and referral to the Local Government and Environment Committee
14 June 2004Reported from the Select Committee (Bill 111-2)
June 2004Supplementary Order Papers 2004 Nos 230, 227, 232 and 234
29 June 2004Divided from Local Government Law Reform Bill (No 3), third reading