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MANGAWHAI'S NO.1 NEWSPAPER
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Your questions answered - Is this the end of litigationJustice Heath’s rulings in the case taken by the Mangawhai Ratepayers and Residents Association (MRRA) against the Council are quite clear. Most importantly:
* The Judge confirms that past rates validated by Parliament were validated for “all purposes”. He notes that he has no power to declare them “unlawful”. Rates are payable. * The Judge noted that Council’s debt raised to fund the Mangawhai Community Wastewater Scheme is an enforceable debt. As a result rates may be used to repay this debt. * The Judge awarded costs to MRRA but no damages. * The Judge reprimanded Council for poor practice in the past. The Council accepts the reprimand that it has received, now from several quarters - the report of the Review Team to the Minister of Local Government that led to the replacement of elected members by Commissioners; the report of the Auditor-General on the Inquiry into the Mangawhai Community Wastewater Scheme; Members of Parliament when debating the Validation Bill; and now from Justice Heath. We have spent and continue to spend substantial resources to address the wrongs of the past and put in place processes that should ensure they are not repeated in the future. Commissioners are determined to build a high-performing organisation that Kaipara residents can be proud of. In his decision, Justice Heath encouraged the Council to consider other ways to recover “…some of the costs from third parties…” We are doing just that. Council is working with advisers to bring to account those who caused loss where we can. Is this the end of litigation? Commissioners are hopeful that this judgement will bring an end to litigation taken against the Council by the MRRA. Council accepts the judgment handed down. We will not be appealing it. MRRA is considering its position. Last week Commissioner Booth and I met with the Chair and Acting Deputy Chair of the MRRA. We encouraged them to accept the findings of the Court. The meeting was positive. Once MRRA decides its position, and assuming that the decision is not to appeal, the two parties should meet again. It is time to turn the page to a new beginning, where we heal divisions and work together to support community development. Most people in Mangawhai are tired of the angst. The Court has ruled. The Validation Act stands. Please pay your rates and contribute towards the costs of the public services that are used by all. Since the judgment was released, a number of people who have held back rates are paying them. Questions are being asked, like: I have not paid my rates for two years because I was advised that they were invalid. Should I pay them now? Yes. They are valid now, and were valid before the judgment. You should pay them as soon as possible so that you do not attract further penalties. I thought you were waiving penalties? In December last year, we waived two “further” penalties, each of 10 percent, that were struck in 2013 on balances outstanding. We expected that this gesture would result in people bringing their rates up to date. Some people responded. A third “further” penalty of 10 per cent was struck in January this year on your balance outstanding. If you bring your rates up to date by the end of this month, this will be remitted. If you do not do this, the January penalty will stay and a further penalty of 10 percent will be applied to your balance outstanding at 1 July 2014. We encourage you to bring your rates up to date quickly to avoid these penalties. |
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