Restrictions on writing off debts to a council
213 Restrictions on writing off debts to a council
This section does not apply to amounts owed to a council for rates or other charges for which the Act, or any other regulation in force under the Act, makes specific provision for writing off those amounts in specified circumstances.
A council must from time to time, by resolution, fix an amount above which debts to the council may be written off only by resolution of the council.
A debt of or below that amount can be written off either by resolution of the council or by order in writing of the council’s general manager. In the absence of a resolution under subsection (2), the council’s debts can be written off only by resolution of the council.
A resolution or order writing off a debt to a council must—
specify the name of the person whose debt is being written off, and
identify the account concerned, and
specify the amount of the debt,
or must refer to a record kept by the council in which those particulars are recorded.
A debt can be written off under this section only—
if the debt is not lawfully recoverable, or
as a result of a decision of a court, or
if the council or the general manager believes on reasonable grounds that an attempt to recover the debt would not be cost effective.
The fact that a debt is written off under this section does not prevent the council concerned from taking legal proceedings to recover the debt.
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