Judge orders payment, rates rivalry continues

The leaders of the six year old rates battle against the Kaipara District Council over the Mangawhai Wastewater Scheme have been ordered to pay more than $20,000 in unpaid rates and penalties.

A ruling was issued by the Whangarei District Court in 2015 that ordered Bruce and Heather Rogan to pay the arrears the Kaipara District Council sought for the 2011-12 and 2014-15 rating years. This was put aside pending the outcome of further court action and appeals.

The Rogans, together with the Mangawhai Ratepayers & Residents Association, applied for a judicial review in the High Court last year.

In August, Justice Duffy declared the Regional Council rates for Kaipara unlawful and set them aside. She did not order a refund.

However she has more recently said that Section 60 of the act plainly stated that invalidity of the rates was not a basis for refusing to pay them, thus ordering the Rogans to pay their outstanding rates to the Kaipara District Council.

This amounted to $20,449 in rates and penalties for the years 2011 to 2015.

The Regional Council's appeal against Justice Duffy's decision is expected to be heard by the Court of Appeal sometime in November.

Meanwhile, the Mangawhai Ratepayers & Residents Association has started a Givealittle page to raise funds for its continuing legal proceedings