Kaipara rates row : High Court finds “serious and substantial” errors

“If the council had just accepted the money, admitted that the people withholding their rates were wronged, that their case had merit, we could have all moved forward together” – Mangawhai ratepayer Bruce Rogan
(via Checkpoint) Audio | Download: MP3 (3′04″)

### radionz.co.nz 6:01 pm on 16 Sep 2016
New Zealand: Northland
Northland rates rebels win partial victory
By Lois Williams – Northland reporter
The rebel ratepayers of Mangawhai in Northland have won a partial victory in the High Court. The court has found that rates levied from 2011 to 2014 by the Northland Regional Council, via Kaipara District Council rate demands, were unlawful. In an interim decision, Justice Duffy found the Northland Regional Council (NRC) has no power to delegate the assessment of rates or the recovery of arrears to other councils. “The errors I have identified are serious and substantial,” the judge said. “In short, the NRC has failed to exercise its statutory powers properly when determining rates resolutions and it has unlawfully sought to delegate the performance of a number of its functions in relation to rates to the Kaipara District Council.” […] The Mangawhai ratepayers’ chair, Bruce Rogan, said the ruling was very welcome, although the court did not uphold the group’s challenge to penalties and GST imposed by the Kaipara District Council. The council should now agree to negotiate a deal to end the six-year-old Kaipara rates row, Mr Rogan said.
Read more

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From Kaipara Concerns (community website):

INTERIM HIGH COURT JUDGMENT RELEASED 16.09.2016
Duffy J has made an interim judgment in respect of the judicial review brought by the MRRA and Bruce and Heather Rogan challenging the lawfulness of rates set by the NRC and the KDC.

She has made the following decisions:

NRC
1. The NRC rates were not set lawfully for the 2011/2012, 2012/2013 and 2013/2014 rating years. [27]
2. The NRC’s delegation to the KDC of the assessment of rates and recovery of rates for the rating years between 2011/2012 and 2015/2016 inclusive was unlawful. Accordingly those rates were not lawfully assessed. [58]
3. The NRC’s delegation to the KDC to add penalties to NRC rates was unlawful. Therefore the penalties imposed on rates in respect of NRC rates was unlawful. [74]
4. The Validation Act only validated the unlawful rates of the KDC. It did not validate the unlawful rates of the NRC. [111]

Result
[129] I make the following declaration: The NRC’s rates for the KDC region have not been lawfully set or assessed for the rating years from 2011/2012 to 2015/2016 inclusive.

Duffy J has not yet decided what order to make in respect of ordering the NRC to refund the unlawful rates charged. She has invited the NRC to make further submissions and especially to examine how this ruling might affect the legality of the rates that it has set for its other constituent areas – Whangarei and the Far North. Those rates might also be unlawful.

She will make her final decision once both parties have made further submissions.
Read more

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New Zealand First leader Winston Peters has issued a press release in respect of the Duffy J’s High Court decision:

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Related Posts and Comments:
31.3.16 Ratepayers achieve for Kaipara District —what Dunedin counterparts…
3.10.15 Kaipara Concerns —ADOTROL* disease [Dunedin mention, again!]
13.2.15 Associate Minister of Local Government: Return democracy to Kaipara
2.2.15 LGNZ run by Mad Rooster Yule, end of story
27.11.14 Auditor-general Lyn Provost #Resign
31.10.14 Whaleoil on “dodgy ratbag local body politicians” —just like ours at DCC
9.9.14 Mangawhai, Kaipara: Latest news + Winston Peter’s speech
19.7.14 Whaleoil / Cameron Slater on ratepayers’ lament
29.5.14 Mangawhai Ratepayers and Residents Assn wins at High Court
31.3.14 Audit services to (paying) local bodies #FAIL ● AuditNZ ● OAG…
29.1.14 Mangawhai, Kaipara —we hear ya!
3.12.13 LGNZ: OAG report on Kaipara
12.11.13 Northland council amalgamation
29.6.13 Audit NZ and OAG clean bill of health —Suspicious!
21.4.13 Councils “in stchook” —finance & policy analyst Larry.N.Mitchell
19.3.12 Local government reform
21.2.12 Kaipara this time

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Posted by Elizabeth Kerr

Election Year. This post is offered in the public interest.

Ratepayers achieve for Kaipara District —what Dunedin counterparts fail to do for spurious ‘pet projects’

Link + message received.
Thu, 31 Mar 2016 at 8:24 a.m.

█ Message: Maybe time to revisit Jacks Point and Luggate? …

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The Mangawhai wastewater scheme cost about $63.3 million. Overall costs were not just financial, the Auditor-General’s report said. “They included a failed council, councillors replaced with commissioners, the departure of a chief executive, a severely damaged relationship between the council and community, an organisation that needed to be rebuilt, and much more.”

### Stuff.co.nz Last updated 17:21, March 30 2016
Dispute settlement sees Auditor General pay nearly $5.4 million to Kaipara District Council
About $5.375 million will be paid to the Kaipara District Council by the Auditor-General’s office now that a dispute between the two has been settled. Mediation of the dispute over audit issues around the controversial and costly Mangawhai wastewater scheme was held by retired High Court judge Rodney Hansen QC, without any admission of liability and for each party to cover their own litigation costs.

Auditor-General Lyn Provost’s scathing inquiry report to Parliament in December 2013 outlined “a woeful saga” surrounding the community wastewater scheme, managed by the then-council between 1996 and 2012. It covered roles played by other agencies, including the Controller and Auditor-General’s office. The inquiry found the council failed to adequately perform its responsibilities to the community in connection with the wastewater scheme. The council itself alleged the Auditor-General did not identify these failings in a timely manner and take appropriate steps to bring them to the council’s attention. It also alleged some of the poor decisions it made could have been averted if the Auditor-General’s office had performed its responsibilities appropriately.

The Auditor-General offered an unreserved apology in the report to the Kaipara district community for the office’s failings in some of its work, but disputed the council’s damages claim. In particular, the Auditor-General considered the council had the responsibility to comply with its statutory obligations, and its failure to do so is not attributable to the Auditor-General’s office. The dispute was settled with neither party admitting liability but the Auditor-General’s office agreeing to pay $5.38 million to Kaipara District Council.

A rates revolt began as costs were included in Mangawhai rates, with some properties connected to the new scheme now paying around $3000 annually in rates. Kaipara District Council commissioner John Robertson said the council was pleased to see a positive outcome from the High Court action it took against the Auditor-General in 2014. “If we hadn’t got an outcome we would be back in court and facing all the risks of whatever judgments go on these sorts of things.”

The Kaipara District Council has two more court battles pending with Mangawhai ratepayers.
Read more

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Related Posts and Comments:
3.10.15 Kaipara Concerns —ADOTROL* disease [Dunedin mention, again!]
13.2.15 Associate Minister of Local Government: Return democracy to Kaipara
2.2.15 LGNZ run by Mad Rooster Yule, end of story
27.11.14 Auditor-general Lyn Provost #Resign
31.10.14 Whaleoil on “dodgy ratbag local body politicians” —just like ours at DCC
9.9.14 Mangawhai, Kaipara: Latest news + Winston Peter’s speech
19.7.14 Whaleoil / Cameron Slater on ratepayers’ lament
29.5.14 Mangawhai Ratepayers and Residents Assn wins at High Court
31.3.14 Audit services to (paying) local bodies #FAIL ● AuditNZ ● OAG…
29.1.14 Mangawhai, Kaipara —we hear ya!
3.12.13 LGNZ: OAG report on Kaipara
12.11.13 Northland council amalgamation
29.6.13 Audit NZ and OAG clean bill of health —Suspicious!
21.4.13 Councils “in stchook” —finance & policy analyst Larry.N.Mitchell
19.3.12 Local government reform
21.2.12 Kaipara this time

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Posted by Elizabeth Kerr

Kaipara Concerns —ADOTROL* disease [Dunedin mention, again!]

Received from Anonymous
Fri, 2 Oct 2015 at 6:49 a.m.

█ [fascinating] Latest Updates at KAIPARA CONCERNS
http://www.kaiparaconcerns.co.nz/

THE FLAG DEBATE 01.10.2015
It is worth reading Guy Steward’s article on the flag debate, the symbolism behind the flag, and the reasons why John Key is pressing for a change. Cont/

A MONSTROUS MISCARRIAGE OF JUSTICE? 30.09.2015
Many will have read the article on Penny Bright in today’s Herald and the massive legal bills that the Auckland City has incurred pursuing her for arrears of rates. Penny tends to polarise. To some she is a folk-hero espousing the interests of a fair and just society, and to others she is a no-hoper who should “get a life” and pay her dues. The reality is that she has discovered the Achilles heel of local government, and all the whitewash from the Council, the defamatory put-downs, and all the legal pressure they are putting on her, is not going to alter that fact.

All local authorities in New Zealand have the legal right to charge rates but only if, and I repeat only if, they comply with the requirements of the LGA in respect of consultation and only if they comply with the LGRA in respect of rating processes and rating documents.

Ms Bright has refused to pay her rates until she knows where the council spends its money – particularly on private contractors – and acts in a democratic manner.

Unlike taxes which are levied by statutes that are unconditionally binding on all citizens, rates are only binding if they comply with the law. Local government in New Zealand has long suffered from a chronic case of ADOTROL* disease [Arrogant Disregard Of The Rule Of Law] which has caused it to adopt procedures and documentation that are lazy, slovenly and simply fail to comply with the law. That means that most of the rates set by local authorities are unlawful. Cont/

[2.10.15 NZH Editorial: Bright’s free ride has cost us enough]

SECRETS AND MORE SECRETS 30.09.2015
Alexandra Newlove’s article in the Northern Advocate reported Whangarei councillor Stuart Bell’s criticism of public–excluded workshops. “I don’t agree with having to make decisions on behalf of our community when, because an issue has been deemed confidential, the discussion I can have with the community on it is somewhat limited.” Cont/

AND EVEN MORE SECRETS 30.09.2015
How is that when someone goes into central government or local government their individual ethical standards become compromised and they adopt the party line or appropriate political line? Respect for the principles of law or fair play, or common sense for that matter, fly out of the window. We have seen it in successive Ministers of Local Government who chose to ignore the blatant illegalities of the KDC, and tacitly gave Jack McKerchar and Neil Tiller the stamp of approval for their reckless plunder of Kaipara ratepayers. […] But the ADOTROL* disease is endemic throughout the Beehive. Justice Minister Amy Adams has a severe case of the disease if the NZ Lawyer is correct. An article in that magazine claims that the Minister has refused to disclose details of why the costs of renovating Dunedin’s historic courthouse have leapt from $2.5 million to $15 million. Barrister Anne Stevens has slammed the secrecy saying that “scrutiny of decision-making underpins a democracy”. Cont/

[30.9.15 NZ Lawyer: Lawyers slam secretive plans for courthouse upgrade]

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More to read at Kaipara Concerns.
But is it true activism stands more chance in Northland than Dunedin.

YES, because the Dunedin public are nearly if not always asleep. Or they want to pick up someone else’s trash to qualify for Darlene’s job keeping Dunedin ‘beautiful’ and semi-comatose.

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Related Posts and Comments:
13.2.15 Associate Minister of Local Government: Return democracy to Kaipara
2.2.15 LGNZ run by Mad Rooster Yule, end of story
27.11.14 Auditor-general Lyn Provost #Resign
31.10.14 Whaleoil on “dodgy ratbag local body politicians” —just like ours at DCC
9.9.14 Mangawhai, Kaipara: Latest news + Winston Peter’s speech
19.7.14 Whaleoil / Cameron Slater on ratepayers’ lament
29.5.14 Mangawhai Ratepayers and Residents Assn wins at High Court
31.3.14 Audit services to (paying) local bodies #FAIL ● AuditNZ ● OAG…
29.1.14 Mangawhai, Kaipara —we hear ya!
3.12.13 LGNZ: OAG report on Kaipara
12.11.13 Northland council amalgamation
29.6.13 Audit NZ and OAG clean bill of health —Suspicious!
21.4.13 Councils “in stchook” —finance & policy analyst Larry.N.Mitchell
19.3.12 Local government reform
21.2.12 Kaipara this time

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Posted by Elizabeth Kerr

Associate Minister of Local Government: Return democracy to Kaipara

From our friends at MRRA, the Mangawhai Ratepayers and Residents Association (Inc.) —a plea for public support for their online petition.

Associate Minister of Local Government: Return democracy to Kaipara

Moves are afoot to have the term of the appointed Commissioners extended beyond the set date of October 2015. This appears to be an effort to create a platform towards amalgamation of the whole of Northland into a single Local Authority. Given the parlous state of Kaipara’s finances and the stubborn refusal of Commissioners to listen to ratepayers and residents, amalgamation can only be detrimental to Kaipara’s best interests and would likely result in those who created this mess escaping scot free. We want the minister to:
(a) Ignore requests for extension of term of the Commissioners
(b) Be open on discussions regarding reorganisation of local government in Northland
https://secure.avaaz.org/en/petition/Associate_Minister_of_Local_Government_Return_democracy_to_Kaipara/?tbVJcjb

Please forward the link to your friends and colleagues.
Click to share this petition on Facebook

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█ Read more about the petition at Kaipara Concerns, a community newsletter that clearly outlines the issues affecting the people of Kaipara district. http://www.kaiparaconcerns.co.nz/

[screenshot – click to enlarge]
Kaipara Concerns 13.2.15 Read on….

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█ MP for Maungakiekie, Peseta Sam Lotu-liga is the Associate Minister of Local Government.

█ Hon Paula Bennett is the Minister of Local Government.
Ms Bennett’s portfolio includes roles as Minister for Social Development and Associate Minister of Housing. She replaces the outgoing Minister of Local Government, the Hon Chris Tremain, who is retiring at the next election.

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Related Posts and Comments:
2.2.15 LGNZ run by Mad Rooster Yule, end of story
27.11.14 Auditor-general Lyn Provost #Resign
31.10.14 Whaleoil on “dodgy ratbag local body politicians” —just like ours at DCC
9.9.14 Mangawhai, Kaipara: Latest news + Winston Peter’s speech
19.7.14 Whaleoil / Cameron Slater on ratepayers’ lament
29.5.14 Mangawhai Ratepayers and Residents Assn wins at High Court
31.3.14 Audit services to (paying) local bodies #FAIL ● AuditNZ ● OAG…
29.1.14 Mangawhai, Kaipara —we hear ya!
3.12.13 LGNZ: OAG report on Kaipara
12.11.13 Northland council amalgamation
29.6.13 Audit NZ and OAG clean bill of health —Suspicious!
21.4.13 Councils “in stchook” —finance & policy analyst Larry.N.Mitchell
19.3.12 Local government reform
21.2.12 Kaipara this time

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Posted by Elizabeth Kerr

Disclaimer: This post, ‘Stadium: Online petition to pressure $1M donation’, does not constitute or imply an endorsement or recommendation of any kind by Elizabeth Kerr and the parties to What if? Dunedin.

Stadium: Online petition to pressure $1M donation

Prior to the Christmas break, using old Stop The Stadium Inc mailing lists* (the organisation is legally defunct), local woman Bev Butler distributed links to a public report and petition on suspected non-payment of a one million dollar donation that was heralded to underpin DCC/CST commencement of stadium construction at Dunedin—a donation promised by Queenstown philanthropist Eion Edgar.

The petition is headed ‘Sir Eion Edgar: Please pay the $1,000,000 donation as promised for the benefit of all Dunedin ratepayers’.

The report indicates non-payment may see complaints to the UK-based Honours Forfeiture Committee.

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Related Posts and Comments:
9.5.14 DCC Draft Annual Plan 2014/15 Submission by Bev Butler
10.4.14 Stadium: Edgar’s $1m donation (private sector fundraising)
2.2.14 Stadium: ODT editorial (1.2.14) —Garbutt debunks myths
30.7.13 Stadium: Accountability, paper trail leads unavoidably to NEWS
18.7.13 ODT won’t touch Fairfax story
10.7.13 Stadium: Edgar will honour $1M personal pledge to project
3.7.13 [Pulled!] Call for Dunedin stadium cash
24.12.12 A Christmas Tale
7.6.12 Stadium: Forsyth Barr naming rights
8.1.11 ‘Civis’, the columnist . . .
22.2.10 Eion Edgar predicts
6.7.09 Eion Edgar on ‘stadium haters’

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Posted by Elizabeth Kerr

Disclaimer: This post, ‘Stadium: Online petition to pressure $1M donation’, does not constitute or imply an endorsement or recommendation of any kind by Elizabeth Kerr and the parties to What if? Dunedin.

*The Privacy Act 1993 controls how ‘agencies’ collect, use, disclose, store and give access to ‘personal information’. The privacy Codes of Practice do the same, but they apply to specific areas – particularly health, telecommunications and credit reporting.
Personal information is information about identifiable, living people.
Almost every person or organisation that holds personal information is an ‘agency’. So, for example, the Privacy Act covers government departments, companies of all sizes, religious groups, schools and clubs.

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DScene: Honour heritage

### D Scene 26-1-11
Honour heritage (front cover)
History and architecture advocates such as David Murray are lobbying hard to prevent other notable buildings sharing the fate of the Rattray Street property which started crumbling and collapsing a fortnight ago. See p3. #bookmark

Fears for old buildings (page 3)
By Wilma McCorkindale
A new lobby group fears many significant an historic Dunedin buildings will be lost to the city due to neglect. An increasing number of older buildings in the city – some are of great historical importance – are being identitfied by the newly-formed group, Stop Demolition By Neglect. The group launched [an online petition] last Friday and has already begun naming and shaming some buildings.
{continues} #bookmark

Facebook: Dunedin Heritage Buildings – Stop Demolition By Neglect

Online Petition: Save Dunedin’s historic Dragon Café / Barron’s Building

Beyond the facade
Bells and whistles / Factory originals (pages 8-9)
By Wilma McCorkindale
This week is the second of the four part series, Beyond the Facade, where D Scene takes a peak behind the well-known exteriors of some of Dunedin’s landmark buildings to see what can be found inside. Today D Scene photographer Wilma McCorkindale takes her camera into the Bell Tea Co Ltd Factory at 15 Hope Street.
{continues} #bookmark

Register to read D Scene online at http://fairfaxmedia.newspaperdirect.com/

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Posted by Elizabeth Kerr

SAVE Dragon Café / Barron Building – Sign the Online Petition

175 Rattray Street, Dunedin, New Zealand

Please support the retention and restoration of Dunedin’s iconic Dragon Café / Barron Building by signing the online petition at this link:

http://www.gopetition.com/petition/42203.html

A paper petition is currently being prepared for circulation.

From an earlier post, following a recent site visit to “the first and second floor interiors of the Barron and Co building . . . The [architect] Owen Macfie interiors are still in existence and although in some places in poor condition are for the most part unaltered and therefore pretty special”.

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Photo: Paul Le Comte (January 2011)

Photo: JW Allen, Barron Building c. 1880
Hocken Collections [c/n F405/16]

Related Posts, Comments and Photographs:
13.1.11 Barron Building and Rattray Street
13.1.11 Banks, Barron & Co Building Collapse pics
12.1.11 Demo by neglect? Save the facade?

Latest Update 22.1.11 Dunedin Heritage Fund

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Photo: Elizabeth Kerr (January 2011)

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Posted by Elizabeth Kerr