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  Community » Your Community » Iwi » Legal Framework For Obligations To Māori And Under Te Tiriti O Waitangi/Treaty Of Waitangi » Rating Valuations Act 1998

Rating Valuations Act 1998

SECTION

OBLIGATION TO MĀORI

Part 1

Functions and powers of Valuer-General

5B

What constitutes rating unit if there is certificate of title

(1)        For land for which there is a certificate of title, the land comprised in the certificate of title constitutes a rating unit.

(2)        However, the Valuer-General may make rules under section 5(1)(c) for the purposes of determining whether particular land comprised in the following constitutes a rating unit:

(a)        2 or more certificates of title;

(b)       part of a certificate of title.

(3)        The Valuer-General may make rules—

(a)        under subsection (2)(a) only for land—

(i)         that is owned by the same person or persons; and

(ii)        that is used jointly as a single unit; and

(iii)       that is contiguous or separated only by a road, railway, drain, water race, river, or stream; and

(b)       under subsection (2)(b) only for land—

(i)         that is—

(A)       owned by the Crown; or

(B)       surveyed and subject to a separate lease registered under section 115 of the Land Transfer Act 1952; or

(C)       Māori freehold land subject to an occupation order made by the Māori Land Court under section 328 of Te Ture Whenua Māori Act 1993 (or an equivalent order made under a former provision); and

(ii)        that it is appropriate, in the opinion of the Valuer-General, to treat as if comprised in a separate certificate of title.

(3)      If land in a rating unit is in 2 or more districts, the part in each district constitutes a separate rating unit.

5C

What constitutes rating unit if there is no certificate of title

(1)        For land for which there is no certificate of title, what constitutes a rating unit must be determined in accordance with the following principles:

(a)        for land owned by the Crown, a rating unit is the land that it is appropriate, in the opinion of the Valuer-General, to treat as if comprised in a certificate of title;

(b)       for land not owned by the Crown, a rating unit is,—

(i)         if an instrument exists, the land described in the instrument; or

(ii)        if an instrument does not exist, the land that it would be appropriate, in the opinion of the Valuer-General, to sell or transfer as a separate property.

(2)        The Valuer-General must make rules under section 5(1)(c) for the purposes of determining whether particular land, for which there is no certificate of title, constitutes a rating unit.

(3)        The rules must be consistent with the principles in subsection (1).

(4)        Despite subsection (3), the rules may include rules for the purposes of determining whether particular land in subsection (1) comprised in the following constitutes a rating unit:

(a)        2 or more pieces of land (which may include 1 or more pieces of land comprised in a certificate of title);

(b)       part of a piece of land.

(5)        The Valuer-General may make rules—

(a)        under subsection (4)(a) only for land—

(i)         that is owned by the same person or persons; and

(ii)        that is used jointly as a single unit; and

(iii)       that is contiguous or separated only by a road, railway, drain, water race, river, or stream; and

(b)       under subsection (4)(b) only for land—

(i)         that is—

(A)       owned by the Crown; or

(B)       Māori freehold land subject to an occupation order made by the Māori Land Court under section 328 of Te Ture Whenua Māori Act 1993 (or an equivalent order made under a former provision); and

(ii)        that it is appropriate, in the opinion of the Valuer-General, to treat as if comprised in a separate certificate of title.

(6)        If land in a rating unit is in 2 or more districts, the part in each district constitutes a separate rating unit.

(7)        In this section, instrument—

(a)        means an instrument under which ownership of the land is registered or recorded; and

(b)       to avoid doubt, includes an order made by the Māori Land Court determining ownership of land.

7

Territorial authorities to prepare andmaintain district valuation rolls

(1)         Each territorial authority must prepare and maintain a district valuation roll for its own district in accordance with rules made under this Act.

(2)        Each roll must contain the information in respect of each rating unit within the district that is required by the rules.

(3)        Where the boundaries of the district of a territorial authority are altered, or a new district is constituted, the relevant territorial authorities must prepare such new rolls or make such alterations in existing rolls as may be necessary to give effect to the provisions of this Act.

 

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