Local Government Act 1993 No 30
Historical version for 3 March 2011 to 26 June 2011 (accessed 24 May 2013 at 02:32)
Current version
548 Minimum amounts
(1) A council, in a resolution making a rate consisting of an ad
valorem amount:(a) may specify a minimum amount of the rate which must be levied in
respect of each separate parcel, or
(b) may specify:(i) a minimum amount of the rate which must be levied in respect of
each separate parcel, other than a separate parcel consisting of vacant land,
and
(ii) a minimum amount of the rate, being less than the minimum amount
of rate specified under subparagraph (i), which must be levied in respect of
each separate parcel consisting of vacant land, or
(c) may specify:(i) a minimum amount of the rate which must be levied in respect of
each separate parcel, other than a separate parcel consisting of vacant land,
and
(ii) a minimum amount of the rate, being less than the minimum amount
of the rate specified under subparagraph (i), which must be levied in respect
of each separate parcel consisting of vacant land, other than a separate
parcel consisting of vacant flood liable land or vacant coastal hazard liable
land, and
(iii) a minimum amount of the rate, being less than the minimum amount
of the rate specified under subparagraph (ii), which must be levied in respect
of each separate parcel of vacant flood liable land or vacant coastal hazard
liable land.
(2) If a council makes an ordinary rate for different categories or
sub-categories of land, it may specify a different minimum amount for each
category or sub-category of land.
(3) Except as provided by subsection (4), the minimum amount of a rate
is to be:(a) in respect of an ordinary rate, such amount as is determined by
the council, not exceeding $259 or such greater amount as may be prescribed by
the regulations or, in the case of a rate for which a particular council may,
under subsection (1) or (2), specify a minimum amount, such greater amount as
the Minister may determine by instrument in writing, or
(b) in respect of any other rate (not being a water supply special
rate or a sewerage special rate), such amount as is determined by the council,
not exceeding $2 or such greater amount as the Minister may determine by
instrument in writing given to the council.
(4) If the minimum amount of an ordinary rate for the previous year
exceeded the amount prescribed or determined in respect of such a rate under
subsection (3) (a), the council may determine the minimum amount of the
ordinary rate in accordance with subsection (5).
(5) The minimum amount of the ordinary rate must be of such amount as
is determined by the council, not exceeding the amount of the minimum ordinary
rate for the previous year increased by the percentage (if any) specified in
respect of the council under this Act.
(6) A minimum amount of a rate is not invalid because:(a) the minimum amount is levied on the whole or any part of the land
subject to the rate, or
(b) of the size of the minimum amount.
(7) A council may not specify a minimum amount of a rate consisting of
a base amount to which an ad valorem amount is
added.
(8) A minimum amount of a rate specified for a parcel of land may not
differ from a minimum amount specified for any other parcel of land within the
same category or sub-category unless:(a) the land values of the parcels were last determined by reference
to different base dates, and
(b) the Minister approves the different minimum
amounts.