Local Govt | National News Video | Parliament Headlines | Politics Headlines | Search

 

Apportionments Case Heard at Privy Council

Apportionments Case Heard at Privy Council
Friday, 19 July 2002

An appeal by Local Government New Zealand to the Privy Council about the way properties are classified for rating purposes was heard in London last week.

The Council appeal was in the case of Rodney District Council and Others vs Attorney General and Valuer General.

Chief Executive, Peter Winder, says he is satisfied that the case received a fair hearing by the Privy Council. “It was clear that the law lords had a thorough understanding of the case material as they asked questions that went to the core of the issues. The way the lords viewed the case was very positive. They tended to approach the case from the position of rating equity not valuation convenience. The lords showed a wonderful ability to grasp the structure and framework of complex statutes quickly.”

Mr Winder says that the hearing took two days to complete with their lines of questioning showing a comprehensive grasp of rating and valuation issues. “I believe the case has a better than even chance of a successful outcome. No matter how the decision falls we can be satisfied that we have had our day in court and we received a fair hearing.”

The case deals with the criteria and processes the Valuer-General (and his predecessors) use when deciding whether to classify a property as a separate property for rating purposes. This has major implications for the levying of uniform charges on properties such as individual flats in a block of flats.

A successful outcome to the case (from the Local Government New Zealand point of view) will mean that most of the charges levied on apportionments in the past were levied lawfully, and most of the potential claims for refunds will disappear. Even an unsuccessful ruling on the case will not automatically mean that councils would have to refund, as this case is not about the legality of uniform charging on a one per apportionment bases, and no court has ruled on this to date.

The case has been funded by a levy of the 58 affected councils, in proportion to their total contingent liability for refunds.

END

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Werewolf: What Does Winston Peters Want His Legacy To Be?

A lot of people in New Zealand seem to resent Winston Peters and the power that he appears to have. “Appears” being the operative word. In reality, Peters will have power only up to the point that he uses it.

By next week, he’ll have become just another junior player in an MMP governing arrangement, battling to hold onto the gains he was promised. More>>

 

Rising Toll: Road Safety Needs To Be A Higher Priority

Official advice released to the Green Party under the Official Information Act shows that the previous National Government dismissed an option to make road safety its most important transport priority after being told the road toll was rising. More>>

ALSO:

Wellington.Scoop: Arrests At Blockade Of "Weapons Expo"

“We encourage people in Wellington to get down to the Westpac Stadium now for a day of awesome peace action. There will be plenty of food, music and activities to keep us sustained through the day.” More>>

ALSO:

Rorschach Restructuring: PSA Taking Inland Revenue To Court Over Psychometrics

The Public Service Association will be seeing Inland Revenue in Employment Court over its intention to psychometrically test employees reapplying for their roles at the department as part of its controversial Business Transformation restructuring plan. More>>

ALSO:

Nuclear Disarmament: Nobel Peace Prize 2017 Awarded To ICAN

Congratulations from iCAN Aotearoa New Zealand to international iCAN, the other iCAN national campaigns and partner organisations, and the countless organisations and individuals who have worked so hard for a nuclear weapons-free world since 1945. More>>

ALSO:

Expenses: Waikato DHB CEO Resigns

An independent inquiry has identified that Dr Murray had spent more than the agreed $25K allocated for relocation costs, and other unauthorized expenses involving potential financial breaches of the chief executive’s obligations. More>>

ALSO:

Wellington.Scoop: Sad About The Trolley Buses?

The Regional Council’s MetLink is today spending money to tell us that it really loves Wellington’s trolley buses, even though they’re all being taken off our roads by the end of this month. More>>

ALSO:

Post-Election: Preliminary Coalition Talks Begin

New Zealand First will hold post-election preliminary discussions in Wellington with the National Party tomorrow morning and the Labour Party tomorrow afternoon. More>>

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

Featured InfoPages

Opening the Election