Local Government Act 1993

This section applies in relation to determining a sub-category (a residential sub-category) under section 529 for the category “residential” for rateable land in a council’s area.

The Minister may, from time to time, issue guidelines for the determination of ordinary rates for rateable land in contiguous urban areas.

Without limiting subsection (2), the guidelines may provide for when an area is, or is not, a contiguous urban area for this section.

The highest ordinary rate for rateable land in a contiguous urban area must not exceed the average ordinary rate payable for other rateable land in the area by the factor, if any, prescribed by the regulations.

Despite subsection (4), the Minister may, by written instrument given to a council on its application—

determine a factor for the council that is greater than the factor mentioned in subsection (4), and

impose conditions in relation to the use of the determined factor.

The Minister may, by a further written instrument given to a council, vary or revoke a determination, or a condition of a determination, made or imposed for the council under subsection (5).

If a council decides to make different ordinary rates for residential sub-categories, the council must—

publish the reasons for doing so on its website as soon as practicable after making the rates, and

set out the reasons in the council’s statement of revenue policy in its operational plan for the year concerned.

The Minister may, from time to time, issue written directions to councils concerning—

the factors or circumstances that may, or may not, be used by councils in determining a residential sub-category or the ordinary rate for a residential sub-category, and

matters to be included in reasons published for subsection (7)(a).

A council must comply with the guidelines and directions given by the Minister under this section.