Local Government Act 1993

For the purposes of section 90(5)(a) and section 107(2B)(a), the relevant percentage in respect of a council for the 2012-2013 financial year is – 50%; or another higher percentage for that financial year that has been determined, in an order under subsection (8) in respect of the council, for the purposes of that provision.

For the purposes of section 90(5)(b) and section 107(2B)(b), the relevant percentage in respect of a council for a financial year to which those provisions apply is – 35%; or another higher percentage for that financial year that has been determined, in an order under subsection (8) in respect of the council, for the purposes of that provision.

A council may apply to the Minister for the issue under subsection (8) of an order in relation to the council.

An application under subsection (3) by a council for an order is to specify – the financial year, or financial years, in respect of which the order is sought; and the provision or provisions, referred to in subsection (1) or (2), in respect of which the order is sought; and the percentage amount that the council is of the opinion ought to be determined in respect of a financial year, and a provision, in respect of which the order is sought; and information as to why the council is of the opinion that the grounds, specified in subsection (7), for the Minister to make the order are satisfied.

The Minister may request the council to provide to the Minister the further information, in relation to an application by the council under subsection (3), that the Minister requests.

The Minister may, after receiving an application under subsection (3) from a council – make an order under subsection (8) in relation to the application; or refuse to make an order under subsection (8) in relation to the application.

The Minister may only make an order under subsection (8) in relation to an application from a council if he or she is satisfied that it is desirable to do so to ensure that there will not be an unreasonably sudden and significant increase in the amount of rates payable by some ratepayers in the municipal area of the council.

The Minister, by order, may determine that, for the purposes of a provision referred to in subsection (1) or (2) the relevant percentage in respect of a council is, for a financial year, the percentage specified, in the order, in respect of the financial year.

An order under subsection (8) may – apply to one or more provisions referred to in subsection (1) or (2); and apply to one or more financial years; and specify the same, or different, relevant percentages for different financial years; and specify, for the purposes of a provision specified in the order, a percentage that is higher than the percentage specified in subsection (1)(a) or subsection (2)(a).