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Contents (2013 - 51)
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Local Land Services Act 2013 No 51
Current version for 2 August 2019 to date (accessed 18 January 2020 at 20:06)
Part 12 Division 1
Division 1 Recovery of outstanding rates, charges and other amounts
182   Sale of land for unpaid amounts owing to Local Land Services
Local Land Services may sell land to recover unpaid rates, levies or contributions of a kind prescribed by the regulations owing to it in accordance with Schedule 5.
183   Recovery of rates, charges, fees and other unpaid amounts
(1)  Any rate, charge, fee or other money due or payable to Local Land Services or any other person under this Act may be recovered by Local Land Services or the person as a debt in a court of competent jurisdiction.
(2)  The amount of any judgment that is recovered in proceedings brought under this section, and of any costs awarded to Local Land Services or other person concerned in respect of the proceedings, is a charge on any land (other than public land) concerned.
(3)  Schedule 5 applies to an amount or any part of an amount awarded or ordered to be paid to Local Land Services or any other person under this section that remains unpaid after the expiration of 5 years from the date of the judgment or order of the court concerned.
(4)  The provisions of this section have effect despite anything contained in section 42 of the Real Property Act 1900.
184   Accrual of interest on overdue rates, charges and other amounts
(1)  Interest accrues on rates, charges and other amounts payable to an authority, the Minister or any other person under this Act.
(2)  Interest accrues on a daily basis or on such other basis as is determined by Local Land Services or the person concerned.
(3)  The rate of interest is that set by Local Land Services or the person concerned but must not exceed the rate specified for the time being by the Minister by notice published in the Gazette.
(4)  Accrued interest is, for the purpose of its recovery, taken to be a rate, charge or amount that is due and payable.
(5)  Interest continues to accrue on unpaid rates, charges or amounts even though judgment for payment of the rates, charges or amounts may have been obtained in a court. Interest is not payable on the judgment debt, despite any other Act.
185   Special provision with respect to recovery of unpaid rates and charges
Despite anything to the contrary in the Limitation Act 1969, proceedings for the recovery of a rate or charge may be commenced at any time within 20 years after the date when the rate or charge becomes payable.
186   Rebates, waiver, refund or writing off of rates, charges and other amounts
(1)  Local Land Services may do any one or more of the following—
(a)  grant a rebate or waive payment of a rate, charge or other amount due or payable to it under this Act or the regulations or any part of such a rate, charge or other amount,
(b)  refund any rate, charge or other amount in whole or in part,
(c)  write off any rate, charge or other amount.
(2)  Action under this section may be taken in a particular case or class of cases.