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Contents (2000 - 92)
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Water Management Act 2000 No 92
Current version for 1 April 2019 to date (accessed 20 June 2019 at 02:53)
Chapter 7 Part 4
Part 4 Recovery of rates, charges and other money
Division 1 Recovery of rates, charges and other amounts by charging authorities
354   Definition
In this Part, charging authority means the Minister, an irrigation corporation, a private irrigation board, a private drainage board, a private water trust or a water supply authority.
355   Certain rates and charges to be a charge on land
(1)  A rate or charge imposed on the owner of any land is a charge on the land to which the charge relates.
(2)  A charge imposed for a service or thing supplied or provided in connection with a specific parcel of land is a charge on the land.
(3)  The provisions of this section have effect despite anything contained in section 42 of the Real Property Act 1900.
356   Interest on rates and charges
A charging authority may charge interest on overdue rates and charges at a rate not exceeding the rate of interest payable for the time being on an unpaid judgment of the Supreme Court.
357   Recovery of rates, charges and other money
(1)  Any rate or charge or other money due to a charging authority under this Act may be recovered in any court of competent jurisdiction as if it were a debt due to the charging authority.
(2)  An unsatisfied judgment or order of any court for the recovery of any rate or charge from any person is not a bar to its recovery from any other person who is liable under this Act for its payment.
358   Joint owners
(1)  If land is owned or held jointly by two or more persons, such persons are jointly and severally liable to the charging authority for the rate, but as between themselves each are only be liable for such part of the rate as is proportionate to his or her interest in the land.
(2)  If any of such persons pays to the charging authority more than his or her proportionate part, he or she may recover the excess by way of contribution from the others.
359   Sale of land for unpaid rates and charges
(1)  This section applies to rates and charges imposed under this Act by the Minister or by a water supply authority.
(2)  The provisions of Division 5 of Part 2 of Chapter 17 of the Local Government Act 1993 apply to land in respect of which a rate or charge (being a rate or charge that is, by virtue of this Part, a charge on land) remains unpaid in the same way as they apply to land in respect of which rates and charges under that Act remain unpaid.
(3)  For the purpose of applying the provisions of Division 5 of Part 2 of Chapter 17 of the Local Government Act 1993 to land in respect of which a rate or charge remains unpaid:
(a)  a reference in those provisions to a council is to be read as a reference to the Minister or to a water supply authority, as the case requires, and
(b)  a reference to a general manager or public officer is to be read as a reference to the Secretary or to the principal officer of a water supply authority, as the case requires, and
(c)  a reference to a member of staff of a council is to be read as a reference to a member of staff of the Department or to an employee of a water supply authority, as the case requires, and
(d)  a reference to a rating authority is to be read as including a reference to a council.
360   Certificate as to amount due
(1)  A charging authority must, on written application being made to it and payment of the fee determined by it, issue to the applicant a certificate:
(a)  containing particulars of any amounts payable to the authority in respect of a parcel of separately assessed land, or
(b)  to the effect that there are no such amounts.
(2)  An application for a certificate must:
(a)  specify the name and address of the applicant, and
(b)  identify the land to which the application relates.
(3)  Such a certificate is conclusive proof, in favour of a purchaser in good faith and for value of the land to which the certificate relates that, at the date of its issue, no amounts were payable to the charging authority in respect of that land other than such amounts as are specified in the certificate.
361   Liability where an estate or interest is transferred
(1)  A person who disposes of his or her estate or interest in any land in respect of which any rates or charges have been or may be levied remains liable for rates or charges to the same extent as if the person had not disposed of his or her estate or interest in the land, if the rates or charges are levied either:
(a)  before the person disposed of his or her estate or interest in the land, or
(b)  before the person has given to the charging authority the prescribed notice of disposal.
(2)  If any person who disposes of land to another person pays any amount to the charging authority in respect of rates or charges levied after the land disposed of but before the prescribed notice is given to the authority, the person by whom the amount was paid may recover the amount from the person to whom the land was disposed.
(3)  As between an owner of land and any other person from or to whom the owner derives or disposes of his or her estate or interest in the land, rates or charges under this Act are to be considered as accruing from day to day and are apportionable accordingly.
362   Liability where a person becomes entitled to an estate or interest
(1)  An owner of land is liable for all arrears of rates and charges owing by any previous owner of the land, despite the fact that the new owner acquired the land after the rates or charges were levied.
(2)  If any person who becomes an owner of land pays to the charging authority any rates or charges in respect of that land that were levied before the person became the owner, the person may recover from the previous owner such part of the rates or charges as was levied in respect of the period during which the previous owner was the owner of the land.
Division 2 Provisions relating to access licences
362A   Joint owners
(1)  If an access licence is co-held by two or more co-holders, those co-holders are jointly and severally liable to the Minister for the fees, charges and civil penalties relating to the licence, but as between themselves each are only liable for such part of those fees, charges and civil penalties as is proportionate to his or her interest in the licence.
(2)  If any of those co-holders pays to the Minister more than his or her proportionate part, he or she may recover the excess by way of contribution from the others.
362B   Certificate as to charges outstanding in relation to access licences
(1)  The Minister may, in relation to any access licence, issue a certificate to the effect that, as at the date on which the certificate is issued:
(a)  a specified amount is payable in relation to the access licence pursuant to fees, charges and civil penalties imposed under this Act, or
(b)  no amount is so payable.
(2)  Such a certificate is conclusive proof that, as at the date on which it was issued, no amounts were payable in respect of the access licence other than such amounts as are specified in the certificate.
362C   Unpaid fees, charges and civil penalties
(1)  Any civil penalty imposed by the Minister under this Act that remains unpaid is recoverable in any court of competent jurisdiction as a debt due to the Crown.
(2)  If a fee, charge or civil penalty imposed by the Minister under this Act relates to an access licence, the fee, charge or civil penalty may be recovered from the holder of the licence who incurred the fee, charge or penalty or the holder of the licence for the time being.
(3)  Despite subsection (2), if a person surrenders an access licence, any fee, charge or civil penalty imposed by the Minister under this Act that relates to the licence may be recovered from that person.