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Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
Ph. 09 401 5200 | Fax. 09 401 2137 | Email. [Far North District Council request email]
Address. Memorial Avenue, Private Bag 752, Kaikohe 0440, New Zealand

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Good morning.

Thank you for contacting us at the Far North District Council.

I have forwarded your query to the Legal Department as requested - your correspondence number is 3632496.

Kind Regards
Anja

Ask Us Customer Services Team
Community and Customer Services
Ph. 09 401 5200 or 0800 920 029
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Please note the reference number in the subject line of this email. If you need to contact us again regarding this request, please quote the reference number.
If you need to contact us about a different issue, please use our website form for email at www.fndc.govt.nz/contact.

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Thank you for contacting the Far North District Council.

This is an automated reply. A member of our Ask Us Customer Services Team
will respond to your request or enquiry within 3 working days.

If you consider the situation requires urgent attention please contact us
immediately by telephone on our 24 hour (7 day) service number 0800 920
029 (only available to landlines in Far North District) or on 09 401 5200.

Regards
Ask Us Customer Services Team

--------------------------------------------------------------------------

Get it done online at your convenience, visit our website -
www.fndc.govt.nz

show quoted sections

Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
Ph. 09 401 5200 | Fax. 09 401 2137 | Email. [Far North District Council request email]
Address. Memorial Avenue, Private Bag 752, Kaikohe 0440, New Zealand

Please consider the environment before printing this email.

Good afternoon, Mike.

I have forwarded your message that you need the information before 12 May to the Legal Department as requested.

Kind Regards
Anja

Ask Us Customer Services Team
Community and Customer Services
Ph. 09 401 5200 or 0800 920 029
-------------------------------------------------------------------------------------------
Please note the reference number in the subject line of this email. If you need to contact us again regarding this request, please quote the reference number.
If you need to contact us about a different issue, please use our website form for email at www.fndc.govt.nz/contact.

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Dear Mr Edmonds,

 

I refer to the questions set out in your email on the above subject.  By
way of response, my colleagues have drawn attention to the following:

 

Legislation

 

The legal position in respect of rates is covered by the following
extracts from the Local Government (Rating) Act 2002 (“the LGRA”):

 

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Local Government (Rating) Act 2002

 

7 Rateable land

 

(1)   All land is rateable.

 

(2)   However, land is not rateable if this Act or another Act states that
the land is non-rateable.

 

8 Non-rateable land

 

(1)   The land described in Part 1 of Schedule 1 is non-rateable.

 

(2)   Rates assessed for the land described in Part 2 of Schedule 1 must
not exceed 50% of the rates that would otherwise have been assessed if the
land were not described in that schedule.

 

(3)   Subsections (1) and (2) are subject to section 9.

 

9 Non-rateable land liable for certain rates

 

Land to which section 8 applies is rateable for the purpose of setting a
targeted rate if—

 

(a)   the rate is set solely for water supply, sewage disposal, or
[refuse] collection; and

 

(b)   the service referred to in paragraph (a) is provided in relation to
the land.

 

Schedule 1, Parts 1 and 2

 

I have attached Schedule 1 as it is rather lengthy.  If you open the
attachment and refer to the second note near the bottom of the last page,
you will see that it reads as follows: “land, in clause 2, excludes land
in respect of which a club licence under the Sale and Supply of Alcohol
Act 2012 is for the time being in force.”

 

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As indicated in the above legislation and the attachment, land is rateable
unless the land is defined in an Act as non-rateable.  A number of types
of land and land use that are non-rateable, or that can be rated for no
more than 50% of the rates that would otherwise apply, are listed; however
there are also provisos such as the one enabling councils to require the
payment of targeted rates for water supply, sewage disposal, or refuse
collection and the note involving club liquor licences.

 

Policy

 

Council policy # 5007 is attached.  I am advised that clauses 11 and 12 on
page 11 (the last page) of the policy are relevant.

I trust this information is helpful.

 

Yours sincerely,

 

Robert Manuel

Legal Services Manager

Corporate Services

Far North District Council

Ph. 09 401 5200 or 0800 920 029

 

 

 

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