[Lisa Wynn]

I have an assessment where when it was sold 20 years ago the old owner had 2 waste bins & 2 recycle bins on the property & was being charged accordingly on the rates. These charges remained on the rates once sold. However, the new owner only ever had one set of bins (assuming the previous owner took a set with him) & he did not realise until now. We refunded 6 years in good faith and ratepayer is asking for a further refund of that charge back to his purchase date!

1. Does anyone have a policy relating to rates & charges adjustments they would be willing to share?
2. Does anyone know of a reference point in any act (i.e. local Government, Limitation Act?) that may be able to help me restrict how many years back the refund would apply?

Any suggestions welcome thanks in advance.

Lisa

[Robert Hay]

Hi Lisa

I would have done the same in good faith 6 years and current. However there is section 574(1)(b) and 574 (3).

574 APPEAL ON QUESTION OF WHETHER LAND IS RATEABLE OR SUBJECT TO A CHARGE
(1) A person who has an estate in land, or who is the holder of a licence or permit for land under the Crown Land Management Act 2016 , in respect of which a rates and charges notice is served may appeal to the Land and Environment Court–

(b) in the case of a charge–against the levying of the charge on the ground that the land is not subject to any charge (excluding a charge limited under section 503(2)) or is not subject to the particular charge.

(3) An appeal must be made within 30 days after service of the rates and charges notice.

The 30 days on previous years has well and truly expired. The ratepayer must bear some responsibility for checking their rates and charges notice!

Robert

[Lisa Wynn]

Thank you Robert, I appreciate your input and time, that gives me something to work with.

Lisa

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