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xlinknz

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  #2046187 29-Jun-2018 19:11
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Aredwood: The CGA is not limited to only penalty fees. This is no different to those companies who send out parking breach notices for parking on private land. The penalties claimed must be reflective of actual costs incurred. So there is unlikely to be a special section of the CGA dealing only with penalties.

So you only need to see if the council has an exemption in the CGA, or another law. Check the rating powers act also.

What is the actual $ amount of the penalty? As the courts charge $30 for the first stage of their collection process on fines. If it is way more than that, it would be hard for the council to argue that their fees are reasonable. Despite being a lot higher than what the Ministry of Justice has decided is reasonable for itself.

 

Thank you for the pointer to the rates act

 

The WCC are charging $80 or 10% of the $800 rates installment

 

Interesting under the Local Government Rating Act 2002

 

Section 57 Penalties on unpaid rates has:

 

    57 Penalties on unpaid rates

 

"(1) A local authority may, by resolution, authorise penalties to be added to rates that are not paid by the due date.

 

(2) A resolution made under subsection (1) must—

 

(a) be made not later than the date when the local authority sets the rates for the financial year; and

 

(b) state—

 

(i) how the penalty is calculated; and

 

(ii) the date that the penalty is to be added to the amount of the unpaid rates.

 

(3) A penalty must not—

 

(a) exceed 10% of the amount of the unpaid rates on the date when the penalty is added; or

 

(b) be added to rates postponed under section 87 until the rates become payable.

 

Compare: 1988 No 97 s 132(1)–(3)

 

58 Imposition of penalty

 

(1) A local authority may impose the following types of penalty:

 

(a) a penalty on rates assessed in the financial year for which the resolution is made and that are unpaid after the due date for payment (or after a later date if so specified):

 

(b) a further penalty on rates assessed in any financial year and that are unpaid on whichever day is the later of—

 

(i) the first day of the financial year for which the resolution is made; or

 

(ii) 5 working days after the date on which the resolution is made:

 

(c) a further penalty on rates to which a penalty has been added under paragraph (b), if the rates are unpaid 6 months after that penalty was added.

 

(2) The amount of unpaid rates to which a penalty may be added includes—

 

(a) a penalty previously added to unpaid rates under this section; or

 

(b) additional charges added to unpaid rates under section 132 of the Rating Powers Act 1988; or

 

(c) rates levied under the Rating Powers Act 1988 that remain unpaid.

 

Compare: 1988 No 97 s 132(4), (5)"

 

 

 

It would seem the WCC are charging the maximum peanlty and in the minimum period!

 

I wonder who they see the customer as me or themselves?

 

Maybe this is a mechanism to pay for the WCC's Chief Executives $400K+ salary (for a non competitive business) yell

 

 

 

 

 

 

 

 


richms
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  #2046218 29-Jun-2018 20:43
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chevrolux: This is why invoices should always be sent with trackable download links instead of just pdf attachments.

We had this issue all the time, but now it's just a matter of "well actually you downloaded the invoice on xx date". We then also have a rule that if a download link hasn't been activated with 10 days, a second email gets sent, and then another 5 days later, a staff member will call the client.

If I can have that in a small business (10 staff), surely a council can do the same.

 

I hate that crap. I want things emailed to me so they go into my email and I keep them. A download link is hassle to download and then move it over to google drive.





Richard rich.ms

 
 
 
 


KiwiSurfer
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  #2046236 29-Jun-2018 22:02
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richms:

 

chevrolux: This is why invoices should always be sent with trackable download links instead of just pdf attachments.

We had this issue all the time, but now it's just a matter of "well actually you downloaded the invoice on xx date". We then also have a rule that if a download link hasn't been activated with 10 days, a second email gets sent, and then another 5 days later, a staff member will call the client.

If I can have that in a small business (10 staff), surely a council can do the same.

 

I hate that crap. I want things emailed to me so they go into my email and I keep them. A download link is hassle to download and then move it over to google drive.

 

 

And if you're like me and just archive all your emails, this means that you risk losing access to the invoice if the link is later broken. I'd rather receive one attached so I know I can always access it again.


jonathan18
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  #2046536 30-Jun-2018 19:52
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OP - despite the advice given by others, it doesn't appear you've actually rung up or visited your council to talk it over. Totally agree this is your first step - before starting digging out and quoting lines from legislation!

 

Something similar happened to me, when I for some reason forgot to pay my regional rates; these need to be paid in one lump sum, and I haven't had the payment established to be automatic (unlike the city council rates). So, yep, we got charged a decent penalty. A single phone call to the council and the penalty was waived without issue - they looked at our record of never having been late with a payment and were happy to waive it. 

 

I wonder, though, if I'd gone in questioning their authority to charge the payment, or took ages to contact them as I'd been busy trying to work out whether the charge was legit, whether the result would have been the same! 


surfisup1000
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  #2046552 30-Jun-2018 21:08
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jonathan18:

 

OP - despite the advice given by others, it doesn't appear you've actually rung up or visited your council to talk it over. T

 

 

The OP did talk to the council but they declined to waive the penalty due to another missed payment sometime in the past.

 

It is in one of the OP's other replies. 

 

 


jonathan18
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  #2046617 1-Jul-2018 06:48
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surfisup1000:

 

jonathan18:

 

OP - despite the advice given by others, it doesn't appear you've actually rung up or visited your council to talk it over. T

 

 

The OP did talk to the council but they declined to waive the penalty due to another missed payment sometime in the past.

 

It is in one of the OP's other replies. 

 

 

 

 

Thanks for pointing this out - apologies for not reading thoroughly!


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