Report damns council rates decision

A legal opinion being prepared for the Mangawhai Residents & Ratepayers Association (MRRA) by Auckland lawyer Kitt Littlejohn is highly critical of council’s recent planning and rating decisions.

The draft report states that Kaipara District Council showed “contumelious disregard” for decision-making processes legally required by the Local Government Act, when setting residential rates for the current financial year.

While the MRRA is leading a district-wide rate strike action, group chair Bruce Rogan says the report vindicates the position they are taking and justifies Kaipara residents with-holding their rates.

In a letter sent to Kaipara residents with their rates demand, chair of commissioners John Robertson repeated their stance that rates were set before they took over, they had no influence over the 2012/13 rates, but are absolutely clear that rates must be paid.

“Commissioners need to read our legal advice very carefully,” said Mr Rogan in response to the letter. “They are imposing illegally set rates. Commissioners need to decide whether they are part of the solution, or are they already part of the problem?”

Despite the rumblings, according to the commissioners 73% of Kaipara ratepayers have paid their rates in full and on time with a further 19% having made part-payments.

More than one thousand ratepayers have joined the rates strike.

Mr Rogan commented that some people had chosen to pay rates at last year’s level.

“They reckon those were fair rates,” he said. “But many ratepayers are just waking up to what’s been going on. They haven’t touched their bank standing order yet. Most people want to do the right thing and pay fair and reasonable rates. But the more they learn about the mess behind the scenes, the more angry they get.”

MRRA’s legal advice indicates that a High Court judicial review will be necessary to confirm the illegality of Kaipara District Council’s rating decisions.

The MRRA executive is meeting to consider the legal advice and to decide its next set of actions.