[Cherie Muir]

Hi there

I know we’ve talked about this before and I’ve just read a good thread about this on the old archive site.

Some of us send a letter to declare category while some rely only on the rate notice … we use a bit of both.

Question 1: Do we know if ‘declaration by rate notice’ ever been tested in Court? ie; do we really know if declaration by rate notice is an acceptable form of declaration re S.520?

Question 2: If it is acceptable to serve by notice, then would it be right to assume that each time we issue a notice we are effectively issuing a fresh declaration?

your thoughts and input are appreciated.

Thank you, Cherie

[Ken Bakon]

Cherie,
If we become aware that a property needs to be re-categorised, we advise the owner before we issue the next notice, and include information regarding their right of appeal. That way there is no rude shock to them when we issue the notice, and it also means we don’t have to do any adjustments after the event if we get it wrong.
Not sure, but I don’t think this issue has been tested in Court yet.

Ken

[Cherie Muir]

Hey Ken, thanks, and yep we issue a letter too for new properties (from subdivision, etc). Although in our policy we also have a catch-all saying in the absence of a letter (ie; say we failed to issue a letter) that the first Rate notice issued for the new property would serve as the declaration (with avenues of appeal etc shown on the back as necessary).

Given that we say this – and knowing that some councils rely entirely on the notice (or have at times in the past), I just wanted to check whether the rate notice as the ‘form’ of declaration had been tested yet (and I’m gathering that it hasn’t been).

So Ken, whats your thoughts on this: Does it follow that by showing the category on every Rate notice (as we have to), are we effectively ‘declaring’ the category each and every time we issue? .. and therefore, regardless of any separate and previous declaration ‘letter’, a ratepayer has 30 days from the date of any Rate notice to appeal to the L&E Court as per section 526?

I’m thinking that the answer has to be yes but would appreciate confirmation from the rating world.
Thanks again
Cherie

[Ken Bakon]

Cherie,
The Act does not specify when a Ratepayer may make an application for a review of their category. Indeed Section 525 states:
“(1) A rateable person (or the person’s agent) may apply to the council at any time:…”

So the relevance of showing the category on every notice, I believe, is to satisfy the regulations requirements for notices.

Having said this, Section 520 still states:
“A council must give notice to each rateable person of the category declared for each parcel of land for which the person is rateable.

(2) The notice must be in the approved form…”

As there is no approved form, it would then appear to allow Council to advise the Ratepayer in any way, so long as it satisfied this section of the Act. The information on most Council Rate Notices would probably satisfy this requirement.

Ken

[Cherie Muir]

Thanks for coming back to me Ken. I’m good with what is the Act s.520, s.525 and s.526 – not confused .. I’m just trying to, I guess, interpret what we do from another perspective.

My Director has asked me: “if a rate notice can be used as a declaration, does that then mean that every rate notice is a fresh declaration” …. and if that is true, then a ratepayer effectively has 30 days from the date of each Rate notice to appeal against their category in Court.”

I’ve been asked to get a legal opinion but thought I’d ask around first. Sorry if this wasn’t clear in my post.

Cherie

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