186—Recovery of rates not affected by an objection or review
(1) The right of a
council to recover rates is not suspended by—
(a) an
objection or review in respect of a valuation (whether under this Act or the
Valuation of Land Act 1971 ); or
(b) an
objection or review in respect of the attribution of a particular land use to
land.
(2) If an objection or
review results in the alteration of a valuation or of a decision to attribute
a particular land use to land, a due adjustment must be made and—
(a) an
amount overpaid must be refunded or, if the council so determines, credited
against future liabilities for rates on the land subject to the rates; or
(b) an
additional amount payable on account of an alteration of the valuation or
decision may be recovered as arrears (but action to recover any such amount
must not be taken until at least 30 days have expired from the date on which
notification of the alteration is given to the person who initiated the
objection or review).
(3) Interest is
payable on an amount that is refunded or is for the time being credited under
subsection (2)(a).
(4) The
interest—
(a)
accrues on the expiration of each month from the day that the amount was paid
to the council; and
(b) will
be payable at the prescribed rate; and
(c)
until the amount is refunded or ceases to be in credit, will be compounded on
a monthly basis.
(5) The council must,
on being satisfied by a person in whose favour an amount has been credited
under subsection (2)(a) that he or she has ceased to be a ratepayer in
respect of the land, refund the amount (including interest) then standing to
the person's credit.
(6) In this
section—
"the prescribed rate" is to be calculated as follows:
where—
"P" is the prescribed rate
"CADR" is the cash advance debenture rate for that financial year.