Home > Archives > 19th November 2018 Issue > Rates activists lose latest court battle but vow to fight on
MANGAWHAI'S NO.1 NEWSPAPER
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Rates activists lose latest court battle but vow to fight onThe Mangawhai rates rebels who have been battling the Kaipara District Council in the courts have lost their latest round.
Despite The Appeal Court finding that Bruce and Heather Rogan could not refuse to pay rates because of errors in their rate invoices, the couple have vowed to fight on. In a decision released on November 6 the New Zealand Court of Appeal dismissed the last appeal by the Rogans in 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. "The Rogans were not entitled to refuse payment of the rates because of the asserted errors and omissions in the rates assessments and rate invoices," the judgement says. But the judges also found that lower courts had been wrong to find the couple were challenging the actual validity of the rates, when they did just that. "In respectful disagreement with the views expressed in the Courts below, we do not consider that the Rogans' defence based on (council) non-compliance ... amounts to a challenge to the validity of the rates," the judgement says. The Rogans went to the Whangarei District Court in 2015 to challenge penalties on their rate bills, citing mistakes in the due dates. They lost that case. The District Court ruled they were caught by Section 60 of the Rating Act, which says any challenge to the validity of rates must be heard in the High Court, and only on grounds that the council was not empowered to set the rate. The High Court agreed, but gave the Rogans leave to go to the Appeal Court for an interpretation of Section 60. Bruce Rogan said the Appeal Court judges were asked to rule on that matter alone and had gone well beyond that in finding the couple were obliged to pay up. He said the court had ruled on two other sections of the Act, Secs 45 and 46, without allowing counter-arguments. "It's the worst piece of judicial activism we have ever seen and we are going to try to get the judgement recalled because we believe that a very serious miscarriage of justice has taken place here," Rogan said. Mr Rogan said the case should have been referred back to the lower courts, which had incorrectly found that Section 60 applied. The Mangawhai couple have paid their rate arrears, but are challenging penalties that built up as Mr Rogan led the charge against 40 percent rate increases imposed by the council to cover loans for the local sewerage scheme. The council's borrowing was found by the High Court to be unlawful but the rates levied to cover it were validated by Act of Parliament. “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,” says Crown Manager, Peter Winder. “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 inaugural NZ Ratepayers and Residents Association conference was being held in Nelson last weekend. More than 70 registrations had been received from around the country and about 100 people were expected to attend. Kaipara District mayor 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.” "It's the worst piece of judicial activism we have ever seen and we are going to try to get the judgement recalled because we believe that a very serious miscarriage of justice has taken place here." - Bruce Rogan |