To ensure transparency, Auckland Council will be disclosing rates relief on LIMs for storm damaged properties.
The disclosure is based on the organisation’s legal responsibility under section s44A(3) of the Local Government (Official Information and Meetings) Act 1987.
“The fact a property is granted rates relief because it is uninhabitable due to storm damage is relevant, so there is an expectation it should appear on the LIM alongside other relevant council data,” says Mat Tucker Group Recovery Manager.
A LIM or Land Information Memorandum is a report prepared by council on request for a member of the public. Different council departments disclose information they have on file which is collated to produce an overall property summary for a specific address.
“The public needs to have faith that the LIM they’ve purchased provides transparency on issues affecting the property. It is a legal document that people trust to fulfil their due diligence and make decisions. We have a legal responsibility to disclose, but we also have a moral obligation to provide complete information when property data is requested,” says Tucker.
Property owners may be eligible for rates relief if they meet the following criteria:
- No person has resided in the property since a recent severe weather event in the first half of 2023;
(and) - The building:
- is in a state of disrepair; (or)
- has insufficient or defective provisions against moisture penetration through the roof or external walls so as to cause dampness in the dwelling; (or)
- does not have a supply of potable drinking water that is adequate for its intended use; (or)
- does not have sanitary facilities (no working bathroom or kitchen) that are adequate for its intended use.
How rates relief information is recorded on the LIM is not yet confirmed, however it will likely be similar to this statement:
“This property has been granted 100% rates relief for the 2023/2024 rating year on the grounds that it is uninhabitable as a result of severe weather events in the first half of 2023. This rates relief is granted automatically for properties with red placards. For other properties it is granted by application, which may be viewed on the property file.”
Frequently asked questions
Why is the council offering rates relief?
We are thinking of those whānau who have been uprooted from their homes and continue to face hardship and uncertainty. We recognise it’s been a tough journey, and many households are under financial pressure. Our rates support is targeted at those most severely affected to help ease the financial burden they are facing.
How did the rates relief decision come about?
On 27 July 2023 the Governing Body agreed to provide a 100 per cent rates remission for 2023/2024 for properties that are uninhabitable because of severe weather events in the first half of 2023. This decision was made under the Miscellaneous Remissions Scheme in the Rates Remission and Postponement Policy.
Does the council account for exceptional circumstances that may not fit into the eligibility criteria?
Some applications do not strictly meet the eligibility criteria but may be granted by approval of the Group Recovery Manager and a Rates Manager. However, the overarching consideration is still whether the property is unable to be inhabited sufficient to warrant a 100% rates remission.
Which properties automatically get rates relief and which ones need to apply?
Rates relief was automatically granted to properties with red placards. Property owners can apply for rates relief in all other cases, including yellow 1, yellow 2, white placards and non-placarded properties. We need to understand more about their individual situation as these properties include a range of different scenarios depending on the extent/location of damage and stage of remediation.
Why does rates relief appear on the LIM?
Rates relief granted for storm damaged properties are directly relevant to the habitability of the property. For this reason, they are distinct from rates remissions granted for other reasons that commonly are to do with the rate payer’s personal circumstances and ability to pay, rather than any characteristic of the property.
How long does the rates relief data stay on the LIM?
It will only stay on the LIM for the ratings year the relief has been applied. The current rating year is 1 July 2023 – 30 June 2024. For properties granted rates relief by application, the information may be viewed on the property file.
Once the property is fixed and no longer claiming a rates relief, the notice will be removed from the LIM (e.g. if the property was fixed this year, the rates relief data would be removed from the LIM for the 2024/25 rating year).
When will my property’s rating valuation be reassessed?
The properties’ valuations will be reassessed as part of the next triennial revaluation, which would then apply to rates for the 2025/2026 rating year.
Was anything else agreed by the Governing Body concerning rates relief?
Yes, those properties granted rates remissions for the 2023/2024 rating year could also have their rates remitted for the 2024/2025 rating year, providing the eligibility criteria is still being met as at 30 June 2024.
If you would like to apply for a rates relief, please complete this form.
How are LIMs and property files used?
People considering purchasing a property carry out due diligence to assist in their decision-making process. Two sources of information are the Land Information Memorandum (LIM) and the property file, both of which are held by council.
What is the difference between a LIM and property file
LIM
A LIM contains a summary of the information that council holds about the property and its neighbourhood. Aside from a note about Category 2 and Category 3, it may also include building/resource consents, rates, building plans and whether the property (or a building on it) has a particular status such as an historic place designation. A LIM contains information on zoning issues and utilities. It identifies, for example, flood plains, areas of erosion or subsidence and other hazards.
Property File
Property files are held by council and contain all information known by the council about a property including if the property is Category 1. The property file includes full copies of resource consents and building consents (and original plans), rather than just the summary found in a LIM. Included is all correspondence with the council about the property — not all of which will be in a LIM. Property files do not necessarily include general information about the neighbourhood which is included in a LIM.
How to order a LIM or property file?
Members of the public can place an order with Auckland Council for a LIM or property file for any Auckland property address. Our website explains the process for ordering a LIM and also ordering a property file.
