Court of Appeal dismisses rates case
Court of Appeal dismisses rates case.
In a decision released on Tuesday 06 November 2018 the New Zealand Court of Appeal dismissed the last appeal by the Rogans in the relation to outstanding rates owed to the Kaipara District Council.
The Appeal was heard by three judges, including the President of the Court of Appeal the Honourable Justice Kós. The Court ordered the Rogans to pay costs.
This decision is the latest step in the extensive litigation that the Rogan’s and the Mangawhai Residents and Ratepayers Association (MRRA) have driven. The Rogan’s and MRRA have now comprehensively lost in all lines of legal argument other than the first judicial review in which the Courts agreed with the systemic failures that the Kaipara Commissioners had already publicly identified and accepted in Court.
Crown Manager, Peter Winder said “It is a
shame that this process has cost the Rogan’s and the
ratepayers of the Kaipara District so much over such a long
period of time - especially given the important role that
the Rogan’s played as whistle-blowers on the historic
failures of the Council.
This latest ruling is important and sets a clear precedent for those few ratepayers who still have outstanding rates from period prior to and during the term of the Kaipara Commissioners.
The Council has consistently expressed to me its view that all outstanding rates and penalties should be paid and that all ratepayers need to pay their fair share of the rates required by Council. I expect that the Council will now work with those ratepayers that still have outstanding rates to secure payment of what is owed. Given this decision, I hope that that can be resolved without further recourse to the Courts.”
Mayor of the Kaipara District, Dr Jason Smith said he is “looking forward to having this story at an end, so that we can all get on with the job of growing Kaipara’s bright future together.”