239Imposition of charges

239 Imposition of charges (1) A council may, by resolution, declare a charge on land within its area if the council carries out work or provides services for the benefit of the land or the occupiers of the land. (2) The declaration of the charge does not cease to have effect only because the occupier of the land does not accept the work or services. (3) A declaration of a charge must: (a) state the amount or basis of the charge; and (b) identify the land to which the charge applies; and (c) state the purpose of the charge. (4) The amount of a charge need not be limited to the cost of providing the service, however the amount of the charge must not exceed a reasonable expectation of the cost of service. (5) Subject to subsections (6) and (7), the provisions of this Chapter applicable to rates apply with necessary adaptations and modifications to charges imposed under this section. (6) A charge: (a) may be imposed on land that is not liable to rates, including land that is exempt from rates; and (b) may have a reasonable basis that differs from rates; and (c) may only consist of payments that are compulsory in respect of an allotment and its improvements; and (d) must not consist of any payments for an optional service. Example for subsection (6)(b) A charge to recover the cost of kerbing might consist of an amount per metre of the frontage of an allotment. Examples for subsection (6)(c) and (d) 1 A council that provides sewerage services to an allotment may impose a charge for this service, and may impose different charges with reference to the number of toilets installed at the allotment. However, if the council provided the service of connecting a toilet to a sewerage network, it could impose a fee for service but not a charge for the work.

Local Government Act 2019 140 2 A council may impose a charge for rubbish bin collection that provides for an allotment to receive a specified number of rubbish bin collections. However, if the council provided the service of additional rubbish bin collections, it could impose a fee for service but not a charge for the work. (7) The provisions for rate concessions do not apply to charges.