Auckland Council wins High Court appeal

The Chief High Court Judge, Justice Geoffrey Venning, yesterday dismissed an appeal by Penny Bright at the High Court at Auckland.

Ms Bright had appealed a decision, made by the Auckland District Court in February, which required her to pay her rates, which have been outstanding since 2007.

The summary judgment obtained was for outstanding rates and penalties of $34,182.56, as at 30 June 2015.

In the decision, Justice Venning stated that: “Ms Bright, like other ratepayers, has an obligation to pay the rates that have been validly assessed as payable by her. Her refusal to do so simply increases the administration costs of the council.” The court also awarded the council costs.

The council has welcomed the decision. “We have consistently maintained that as a matter of fairness to all ratepayers, Ms Bright should pay her rates,” says Group Chief Financial Officer, Sue Tindal.

“As we have also previously stated, taking court action is the last resort for the council to recover unpaid rates. We remain open to receiving a valid application for a rates postponement from Ms Bright and working with her to ensure payment is made in a manner which suits her financial circumstances.”

ENDS

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