Summary of Information - Rates Remission Policy for Land Affected by Natural Disaster

1. Introduction

1.1 Council proposes to adopt a rates remission policy for residential land affected by natural disaster in order to provide rating relief for ratepayers unable to inhabit their dwellings or buildings as a result of natural disaster.

1.2 It is intended that rates relief for those affected by the December 2011 rainfall event will be determined by Council, on application, once this rates remission policy for land affected by natural disaster has been adopted.

2. Detail of the Proposal

2.1. This proposal aims to detail when rates relief would be provided in the event of natural disaster by adopting a new Rates Remission Policy.

2.2. The proposal is to allow the Council, in its discretion, to remit rates charged on any land used for residential purposes that has been detrimentally affected by natural disaster (such as erosion, subsidence, avulsion or earthquake) and is aimed at aiding those ratepayers most adversely affected.

2.3. The conditions and criteria of the policy include:

1) The Council may remit any rate or user charge made and levied in respect of the land, if land is detrimentally affected by natural disaster (such as erosion, subsidence, avulsion or earthquake) and:

as a result dwellings or buildings previously habitable were made “uninhabitable*; and
the activity for which the land and/or buildings were used prior to the disaster is unable to be undertaken or continued.

*For the purposes of this policy ‘uninhabitable’ shall mean a building cannot be used for the purpose it was intended due to a ‘s124 notice’ being issued under the Building Act 2004, and that the residents have been required to move out by the Council, and the property is not being lived in or otherwise occupied or used.

2) The remission may be for such period of time as the Council considers reasonable, commencing from the date upon which the Council determines that the dwelling, buildings, or land were made uninhabitable or unable to be used for the activity for which they were used prior to the disaster, which shall be no less than 30 days after the event which gives rise to an evacuation, up to and limited to the time that the land and / or buildings are deemed by Council to be able to become habitable or available for use.

3) There may be circumstances where Council will not grant any rates remission even if a property is uninhabitable for a period of greater than 30 days, for example where a property had been built on land knowing that it was in a hazard prone location.

4) In determining whether or not a property is uninhabitable and the period of time for which the rates remission is to apply Council may take into account:

• the extent to which essential services such as water, or sewerage to any dwelling or building were interrupted and could not be supplied;
• whether essential services such as water or sewerage to any dwelling or building are able to be provided; and
• whether any part of the building or land remains habitable or available for use.

5) Rates remissions will only be considered following the receipt of an application by the ratepayer and the application must be received within 6 months of the event, or within such further time as Council in its sole discretion might allow.

6) Each natural disaster event will be considered for rates remissions on a case by case basis by Council.

7) The extent of any remission shall be determined by the Council or its delegated officer[s].

3. Reason for Proposal

3.1 As a result of the December 2011 rainfall event, it has become evident that Council does not have a mechanism which permits it to remit rates to ratepayers unable to inhabit their dwellings or buildings as a result of natural disaster. In order to apply a principle of fairness by not charging for services that are not required while the dwellings or buildings are not able to be used or occupied as a result of natural disaster, the Council is proposing to adopt a rates remission policy.

4. Period for Submissions

4.1 Consultation on this proposal opens Monday 16 July 2012 and closes Friday 24 August 2012.

4.2 Submissions in response to this proposal can be made in writing, online at www.tasman.govt.nz , or at any Tasman District Council Library or Council offices.

4.3 Submitters who ask to speak to Council about the proposal will be invited to a public hearing planned at a time to be determined.

A full Statement of the Proposal outlining details of the proposed Policy is available at www.tasman.govt.nz/rates-remission or at any Council Library or Service Centre.