Local Government (Rating) Act 2002

64 Service of summons

(1)

If a ratepayer who is liable for unpaid rates is absent from New Zealand, but has an agent or attorney in New Zealand, it is sufficient to serve a summons on his or her agent or attorney.

(2)

A summons may be served by public notice if the ratepayer liable for the rates—

(a)

is unknown or absent from New Zealand or cannot be found after due inquiry; and

(b)

has no known agent or attorney in New Zealand.

(3)

A court of competent jurisdiction may give judgment against the ratepayer—

(a)

by name; or

(b)

under the designation of “the ratepayer of the land”.

(4)

Subsection (3)(b) does not apply unless the court is satisfied that—

(a)

the ratepayer is unknown, absent, or cannot be found after due inquiry; and

(b)

the summons has been served by public notice under subsection (2).

(5)

The cost of publicly notifying the summons may be added to the unpaid rates.

Compare: 1988 No 97 ss 140, 141