Rates appeal hearing well fought

 

Following an earlier decision in the High Court which found in favour of the Kaipara District Council, still feeling a degree of injustice and in the belief that the High Court ‘got it wrong’, the Mangawhai Ratepayers & Residents Association (MRRA) took their case to the Court of Appeal in Wellington where it was heard over two days last week.

The Appeal Court has a somewhat different look in that it is presided over by three judges. On this occasion Justice Mark Cooper, Justice Rhys Harrison and Justice Forrie Miller heard the evidence as the MRRA sought a declaration that Kaipara District Council (KDC) cannot rate for unlawful purposes and must quash rates charged for purposes deemed illegal.

The High Court ruled ratepayers were responsible for the $57 million over-run for the Mangawhai Community Wastewater Scheme. However the MRRA challenged the ruling contending the council's actions were unlawful and thus the High Court decision was wrong.

Matthew Palmer QC, who along with Kitt Littlejohn was representing the Association and pointed squarely at what they saw as the erroneous passing of the Validation Bill leading to the uprising by the Mangawhai ratepayers.

“We have here a history of an incompetently-run process,” he said.

Day two was the rebuttal by KDC counsel whose emphasis was again on the Protected Transactions and the passing of the Validation Bill.

While grievances have been well aired in the past the judges emphasised their decision would be based on established facts and specific points of law.

Comment has been made by both parties regarding the active interaction between the adjudicators and the legal teams, the penetrating examination and challenging of a number of points in order to clarify just exactly the crux of each parties arguments in assessing an outcome to the charges of incompetence and illegality.

MRRA Chair Bruce Rogan felt while one would be foolhardy to presume any outcome, there was cautious optimism among supporters both in Auckland and Wellington that the battle had certainly been well fought.

As expected judgment was reserved but the final decision of the Appeal Court must bring the issue somewhat closer to a conclusion for Kaipara, though is almost certain to bring about changes in the responsibilities and accountability of Councils nationwide.