Div 10Miscellaneous

Division 10—Miscellaneous 186—Recovery of rates not affected by an objection or review (1) The right of a council to recover rates is not suspended by— (a) an objection or review in respect of a valuation (whether under this Act or the Valuation of Land Act 1971); or (b) an objection or review in respect of the attribution of a particular land use to land. (2) If an objection or review results in the alteration of a valuation or of a decision to attribute a particular land use to land, a due adjustment must be made and— (a) an amount overpaid must be refunded or, if the council so determines, credited against future liabilities for rates on the land subject to the rates; or (b) an additional amount payable on account of an alteration of the valuation or decision may be recovered as arrears (but action to recover any such amount must not be taken until at least 30 days have expired from the date on which notification of the alteration is given to the person who initiated the objection or review). (3) Interest is payable on an amount that is refunded or is for the time being credited under subsection (2)(a). (4) The interest— (a) accrues on the expiration of each month from the day that the amount was paid to the council; and (b) will be payable at the prescribed rate; and (c) until the amount is refunded or ceases to be in credit, will be compounded on a monthly basis. (5) The council must, on being satisfied by a person in whose favour an amount has been credited under subsection (2)(a) that he or she has ceased to be a ratepayer in respect of the land, refund the amount (including interest) then standing to the person's credit. the prescribed rate is to be calculated as follows: P is the prescribed rate CADR is the cash advance debenture rate for that financial year. 187—Certificate of liabilities (1) A council must, on application by or on behalf of a person who has an interest in land within the area, issue to that person a certificate stating— (a) the amount of any liability for rates or charges on the land imposed under this Part or Schedule 1B (including rates and charges under this Part or Schedule 1B that have not yet fallen due for payment, and outstanding interest or fines payable in respect of rates and charges under this Part or Schedule 1B); and (b) any amount received on account of rates or charges on the land imposed under this Part or Schedule 1B that is held in credit against future liabilities for rates or charges in relation to the land. (2) A person has an interest in land for the purposes of this section if and only if that person is— (a) the owner of a registered estate or interest in the land; or (b) an occupier of the land; or (c) a person who has entered or declares to the council that he or she proposes to enter into a contract to purchase the land; or (d) a mortgagee or prospective mortgagee of the land. (3) An application for a certificate under this section— (b) must identify the land to which the application relates; and (c) must state the nature of the applicant's interest in the land; and (d) should be directed to the chief executive officer of the council; and (e) must be accompanied by the fee fixed under this Act. (4) If a certificate is issued under this section, the council is, as against the person to whom it is issued, estopped from asserting that any liabilities to the council for rates or charges on the land under this Part or Schedule 1B existed, as at the date of the certificate, in respect of the land to which the certificate relates beyond the liabilities disclosed in the certificate. (5) Except as provided by subsection (4), a council incurs no liability in respect of a certificate issued under this section. 187A—Administrative audits by Ombudsman (1) The Ombudsman may, if the Ombudsman considers it to be in the public interest to do so, conduct a review of the administrative practices and procedures relating to rating (or any aspect of such practices or procedures) of 1 or more councils under this Part. (2) The Ombudsman may, in carrying out a review under this section, exercise the powers of the Ombudsman under the Ombudsman Act 1972 as if carrying out an investigation under that Act, subject to such modifications as may be necessary, or as may be prescribed. (3) At the conclusion of a review under this section, the Ombudsman may prepare a report on any aspect of the review. (4) A report may make recommendations to a council or councils. (5) The Ombudsman must supply a copy of any report to— (a) the Minister; and (b) any council that was under review, and may also publish any report, a part of any report, or a summary of any report, in such manner as the Ombudsman thinks fit. (6) The Minister may also publish any report, a part of any report, or a summary of any report, in such manner as the Minister thinks fit. (7) This section does not limit powers of investigation under other provisions of this or another Act. 187B—Investigation by Ombudsman (1) The Ombudsman may, on receipt of a complaint or on his or her own initiative, carry out an investigation under this section if it appears to the Ombudsman that a council's declaration of any rate or service charge under this Part may have had an unfair or unreasonable impact on a particular ratepayer. (2) The Ombudsman may, in carrying out an investigation under this section, exercise the powers of the Ombudsman under the Ombudsman Act 1972 as if carrying out an investigation under that Act. (3) If at the conclusion of an investigation under this section the Ombudsman makes an adverse finding against the council, the Ombudsman must prepare a written report on the matter. (4) The report may make recommendations to the council. (5) The Ombudsman must supply the council with a copy of the report, and may also publish the report, a part of the report, or a summary of the report, in such manner as the Ombudsman thinks fit. (6) If the report makes any recommendations as to action that should be taken by the council, the council must, within 2 months after the receipt of the report, provide a written response to— (a) the Ombudsman; and (b) if relevant, the person who made the complaint. (7) Without limiting the operation of any other section, a council may grant a rebate or remission of any rate or service charge, or of any charge, fine or interest under this Part, if the Ombudsman recommends that the council do so on the ground of special circumstances pertaining to a particular ratepayer. (8) This section does not limit other powers of investigation under other provisions of this or another Act. Part 2—Fees and charges 188—Fees and charges (1) A council may impose fees and charges— (a) for the use of any property or facility owned, controlled, managed or maintained by the council; (b) for services supplied to a person at his or her request; (c) for carrying out work at a person's request; (d) for providing information or materials, or copies of, or extracts from, council records; (e) in respect of any application to the council; (f) in respect of any authorisation, licence or permit granted by the council; (g) in respect of any matter for which another Act provides that a fee fixed under this Act is to be payable; (h) in relation to any other prescribed matter. (2) Fees or charges under subsection (1)(a), (b) or (c) need not be fixed by reference to the cost to the council. (2a) Fees or charges under subsection (1)(d) must not exceed a reasonable estimate of the direct cost to the council in providing the information, materials, copies or extracts. (3) A council may provide for— (a) specific fees and charges; (b) maximum fees and charges and minimum fees and charges; (c) annual fees and charges; (d) the imposition of fees or charges according to specified conditions or circumstances; (e) the variation of fees or charges according to specified factors; (f) the reduction, waiver or refund, in whole or in part, of fees or charges. (a) a fee or charge is fixed or prescribed by or under this or another Act in respect of a particular matter; or (b) this or another Act provides that no fee or charge is payable in respect of a particular matter, a council may not fix or impose a fee or charge in respect of that matter. (5) Fees and charges may be fixed, varied or revoked— (a) by by-law; or (b) by decision of the council. (7) If a council— (a) fixes a fee or charge under this section; or (b) varies a fee or charge under this section, the council must take reasonable steps to bring the fee or charge, or the variation of the fee or charge, to the notice of persons who may be affected.