34Recovery of levy not affected by objection, review or appeal

34 Recovery of levy not affected by objection, review or appeal

(1) The right of the collection agency to recover levy is not suspended by an objection, review or appeal of a valuation made or adopted under the Valuation of Land Act 1960.

S. 34(2) amended by No. 34/2014 s. 22(1).

(2) If an objection, review or appeal results in the alteration of a valuation or a decision to attribute a different AVPCC to leviable land, an adjustment must be made by the collection agency, and a revised assessment notice must be given to the owner of the leviable land or any person the owner has specified under section 25(1)(b), and—

(a) any levy amount or levy interest paid by the person that, as a consequence of a decision following an action taken by a person under subsection (1), amounts to an overpayment—

(i) if the person owes a levy amount or levy interest other than the amount adjusted, the overpayment must be used to pay the outstanding levy amount or levy interest owed by the person;

(ii) if subparagraph (i) does not apply, the overpayment may be refunded to the person by the collection agency;

(b) any additional levy amount that becomes payable as a consequence of any action taken by a person under subsection (1), may be recovered as unpaid levy by the collection agency in accordance with this Part.

(3) Interest, at the rate specified in section 30(2)(a), accrues daily on any amount to be refunded to a person under subsection (2)(a) from the day of the decision referred to in that subsection until the day the person is paid the amount to be refunded.

S. 34(4) inserted by No. 34/2014 s. 22(2).

(4) If an adjustment made under this section is in respect of leviable land that is rateable land, the revised assessment of the levy amount must be included in the revised rates notice to be sent to the owner of the land or any person the owner has specified under section 25(1)(b).