49BRecovery from third parties—Lessees, mortgagees and occupiers

49B Recovery from third parties—Lessees, mortgagees and occupiers

(1) If an applicant is liable to pay a grant amount, the Commissioner may require a lessee, mortgagee or occupier of any specified property to pay the grant amount or any part of the grant amount that is payable but remains unpaid.

(2) The Commissioner cannot require a lessee or occupier—

(a) to pay an amount under this section that is greater than the amount of rent the lessee or occupier is required to pay the applicant; or

(b) to pay an amount under this section before the day on which the lessee or occupier is required to pay rent to the applicant.

(3) Subsection (2) does not apply to a lessee or occupier who is a relative of the applicant.

(4) The Commissioner's requirement is to be made by notice in writing.

(5) A copy of the notice must be served on the applicant.

(6) The amount must be paid to the Commissioner on receipt of the notice or by the date specified in the notice, whichever is the later.

(7) In this section—

applicant includes a former applicant;

grant amount means an amount to which section 49 applies and includes a judgment debt and costs in respect of that amount;

relative has the same meaning as in the Land Tax Act 2005;

specified property means—

(a) a home in respect of which the applicant has received a first home owner grant; or

(b) land in which the applicant has an interest described in section 5(2)(a) to (h), other than an interest that section 5(3)(a) to (c) provides is not a relevant interest.

S. 49C inserted by No. 40/2016 s. 16.