Last reviewed: Wed, 30 Sep 2009

Property ownership

Ownership details

The Local Government (Rating) Act 2002 states that the owner of a property will be the ratepayer, except in very limited circumstances for some tenants.

The Council is not able to give out contact details for specific properties. This was a change with the new Local Government (Rating) Act 2002, which took effect from 1 May 2003.

You are able to go into the office of Land Information New Zealand (open to the public from 9am-4pm) and search this information on the foyer computers free of charge. No mailing addresses are available.

The Certificate of Title shows the correct ownership of a property and can be obtained either by searching the LINZ website or by phoning 0800 665 463 (please note LINZ cannot give out owner details over the phone). There is a charge to search the title.

Change of ownership details

The Council's rates records must show the same ownership details as the properties Certificate of Title. When a property changes ownership it is the responsibility of the vendors (sellers) solicitor who handled the settlement to ensure that the 'Change of Ownership or Occupancy' form is completed and forwarded to the Council within one month of the sale.

Council is required to have the (correct) name of the ratepayer in our records.

Ownership details are amended when:

  • Ownership has changed as a result of a sale and purchase.
    The Certificate of Title needs to be changed and then the Solicitor will send through a 'Change of Ownership or Occupancy' Form. We will then amend our records.
  • There is a change of name due to marriage.
    If the person is already on the rates record under a maiden name, then sighting a copy of the Marriage Certificate is all that is required. If not already on the title then a Change of Ownership is required.
  • If your name has been changed by deed poll.
    A Change of Ownership form will need to be forwarded to the rates department from your solicitor. The Certificate of Title would also need to be changed.
  • Transfer into the name of an executor and or trustees in the event of the death of an owner.
    The solicitor handling the estate will forward notification of change of ownership depending on what happens to the property.
  • Relationship split/going back to maiden name.
    In the event of a relationship split the rates can only be changed once the matrimonial / relationship settlement is complete. We would suggest you contact the Solicitor handling the settlement who can forward notification of the transaction to the Council, i.e. change of ownership, or a copy of the amended Certificate of Title.
  • If the property has a rate paying tenant.
    The legislation provides for limited circumstances where a tenant of the whole of the property may become the named ratepayer. The lease needs to be registered on the Certificate of Title and for longer than a period of ten years. The current ratepayer is required to provide relevant documentation or a statuary declaration before the tenant can be the ratepayer. Please discuss this with your solicitor.
 

Authorising Unit: Corporate Support

Last reviewed: Wednesday, September 30, 2009

Next review: Tuesday, March 30, 2010

Keywords: property