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Section 101: Recovery of local rate

Local Government Act · PART VIII: LOCAL GOVERNMENT FINANCE

consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

101. Recovery of local rate (1) Subject to this section, every Financial Controller shall, within one year of the date on which the local rate becomes due, take action for the recovery of the rate by summary process under the Recovery of State Debts Act. (2) Where an instalment payable under section 97 (2) is not paid within 14 days of the date on which it falls due, the Financial Controller shall take action for the recovery of the instalment overdue together with any surcharge and the remaining instalments. (3) The Financial Controller shall be held personally responsible for any failure, without reasonable excuse, to start proceedings for recovery of any sum due by summary process within the time provided for in subsection (1). (4) Subject to subsection (5), all rates, fees and other charges of any kind due to a Municipal City Council, Municipal Town Council or District Council under this Act, shall be recoverable by summary process in the manner provided for by the Recovery of State Debts Act. (5) Any act or thing which, under the Recovery of State Debts Act, is to be done or performed by the Accountant-General, shall, for the purposes of subsection (4), be done or performed by the appropriate Financial Controller, (6) No other enactment relating to the limitation of action shall bar or affect any action or remedy for the recovery of any rates, fees and other charges payable under this Act.

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