MRRA seeks judicial review

The Mangawhai Residents and Ratepayers Association (MRRA) has filed proceedings in the High Court for a judicial review of many decisions made between 2005 and 2013 by the Kaipara District Council (KDC) when designing, building and funding the Mangawhai sewage scheme EcoCare.

The Statement of Claim prepared by MRRA lawyers challenges council decisions to enter into the EcoCare contract and to raise bank loans which financed the scheme.

The basis of the ratepayer challenge is that KDC made decisions in breach of the requirements of the Local Government Act and because of that those decisions are illegal.

The Association is seeking a court ruling that ratepayers are not responsible for the EcoCare debt, and cannot be forced by KDC to pay it off.

Ratepayers also want court rulings that decisions made by council relating to the rates for the last six years, development contributions, and the most recent Long Term Plan are all illegal.

Kaipara District Council has 25 working days to file its defence with the High Court.

“Matters of major concern are now before the Court, so I won’t comment on them here,” says MRRA chairman, Bruce Roagan. “But I will say that we are determined to resolve ratepayers concerns wherever they can be resolved, fairly, and in accordance with the law. Our case will stand in any court in the land.”

Angry ratepayers joined forces 12 months ago following a Draft Annual Plan issued by council proposing mammoth rates increases to fund huge debts.

Public outcry, including a rates strike, prompted Central Government intervention, removing the elected councillors and mayor.

Four commissioners have since been appointed to run the council and get an $80 million debt under control.

A Validation Bill put before parliament by commissioners has also angered Kaipara residents and MRRA members.