MRRA court action to continue

 

Mangawhai ratepayers are taking their rates concerns back to the High Court for a second judicial review, this time adding the Northland Regional Council into the mix.

The Northland Regional Council (NRC) are responsible for the wellbeing of waterways throughout much of the north and the Kaipara, as well as environmental management and pest control.

This also includes Mangawhai and the programme and associated costs were set out in the Long Term Plan (LTP).

Submissions were heard and further on the LTP was accepted.

Costs are then allocated as part of the Kaipara District Council (KDC) annual rates and include monies being withheld by some ratepayers.

Last month dissenting ratepayers Bruce and Heather Rogan were taken to the District Court by the KDC in a bid to recover outstanding rates.

The NRC joined the case as co-plaintiff to recover its own rates arrears.

Judge Keith de Ridder has reserved his ruling.

In a new move, NRC's involvement in the proceedings has led ratepayer representatives to turn an eye to all the regional council's rating resolutions and other documents.

On Friday July 7 the Mangawhai Residents and Ratepayers Association (MRRA) filed further judicial review proceedings at the Whangarei High Court against both the Regional and District councils, seeking the quashing of their rates for the past six years on the grounds that:

1. The NRC never once specified the date for payment of its rates, despite a mandatory legal requirement to do so.

2. The two councils set and assessed rates GST inclusive despite there being no statutory power to do so.

3. The KDC applied penalties to the GST component of its rates despite being barred from doing so by the GST Act.

4. Both councils applied penalties to previous added penalties despite never adopting a policy allowing them to do this.

At print time a date had yet to be set for this hearing.