Local Government (Rating) Amendment Act 2004

1: Title
1: This Act is the Local Government (Rating) Amendment Act 2004.
2: In this Act, the Local Government (Rating) Act 2002 the principal Act
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) waste refuse
4: New
sections 28A to 28D The principal Act is amended by inserting, after section 28
28A: inspection of complete rating information database
1: In this section, and sections 28B to 28D
a: that the local authority must make available under subsection (2)
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)
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
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
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) paragraph (d)
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
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)
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) principal administrative officer chief executive officer
7: Application of proceeds of rating sale or lease
1: Section 75(d) section 66 section 65
2: Section 75(g) section 66 section 65
8: New
section 90 The principal Act is amended by repealing section 90
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)
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)
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)
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 section 5C(7) of the Rating Valuations Act 1998
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
9: Delegation
Section 132(1)(a) principal administrative officer chief executive officer
10: Evidence of certain matters
Section 135(2) principal administrative officer chief executive officer
11: Transitional provision for rates remission
Section 139 subsection (2)
2A: Despite subsection (2) Rating Powers Act 1988
12: Schedule 5 Part 3 Local Government (Electoral) Regulations 1992
13: Consequential amendment to
Resource Management Act 1991 Clause 5(1A)(a) Resource Management Act 1991 person whose name for the time being appears in the occupier's column of the valuation roll ratepayer
14: Consequential amendments to
Local Electoral Regulations 2001
1: In this section, the Local Electoral Regulations 2001 the principal regulations
2: Regulation 15
a: omitting from paragraph (a) an occupier of a separately rateable property a ratepayer of a rating unit
b: repealing paragraph (b)
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) no matter how many properties are owned within that area even if more than one rating unit is owned in that area
3: Regulation 16(1) occupier or occupiers of each separately rateable property ratepayer or ratepayers of each rating unit
4: Regulation 16 subclause (2)
2: The ratepayer or ratepayers of any rating unit may, at any time in the period specified in regulation 10(2)
5: Regulation 16(3) occupiers of a separately rateable property ratepayer of a rating unit
6: Regulation 17(1)(a)(ii) property rating unit
7: Regulation 18
a: omitting from subclause (1)
i: the words occupies any separately rateable property within the meaning of the Rating Powers Act 1988 is the ratepayer of a rating unit
ii: the words the property 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 are ratepayers for a rating unit may nominate 1 of those ratepayers
ii: the words the property the rating unit
c: omitting from subclause (3) property rating unit
d: omitting from subclause (4) occupiers, own 2 or more separately rateable properties within the region, district, or community, the organisation, body, society, or association, or the joint occupiers 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) occupiers owners
8: Regulation 19(2) separately rateable property of which the applicant is an occupier rating unit of which the applicant is a ratepayer
9: The principal regulations are amended by repealing Schedule 1