Your Questions Answered - An open letter

 

Mangawhai Focus
8 December, 2014

Open Letter to the Executive Committee, Mangawhai Ratepayers and Residents Association (MRRA).

Dear MRRA Executive Committee Member,

Just over two years ago Commissioners were appointed to govern the Kaipara District Council. We were set certain tasks by the Minister, and have worked diligently since our appointment to com-plete these tasks and to run the Council in a professional way.

Our work has included getting the accounts of the Council into order; containing debt; assisting the management of the Council to develop the organisation; and engaging the community in a trans-parent way.

Our work also included attending to matters of history – like rating irregularities, and the deficiencies noted in the inquiry report from the Auditor General.

Dealing to history also involves sheeting home accountability. We are taking legal action against Audit New Zealand, which we believe failed in its duties, and against the former Chief Executive.

Throughout the time of our appointment we have been supported by the majority of those who make up the communi-ties of Kaipara. So too have we received support from iwi and hapu, from local Members of Parliament, and from Parliamentarians across the House.

The Executive of the MRRA has not been so supportive. Early this year, against our plead-ings, you decided to mount a case against the Council in the form of a Judicial Review. These proceedings were ex-tremely expensive to Council. The High Court heard the case over three days, and found against your Association on every one of its legal points. It awarded MRRA none of the remedies it sought.

We met with your chair and deputy earlier this year to encourage the Association not to appeal the High Court’s findings. This request fell on deaf ears. You have decided to file for an ap-peal. No date has been set down for this appeal.

We once more invite you to withdraw your appeal. We make this in-vitation in the form of an open letter, for your decision to appeal will once again become a

cost borne by all property owners in Kaipara. We point out to you that not only does Council incur legal costs connected to defending the action, but it also suffers an interest

rate risk premium on its debt while you litigate. This interest cost, which like legal costs is in six figures, is also one that has to be funded by ratepayers.

Frankly we fail to un-derstand what further liti-gation will achieve. All in Kaipara know the historic failures of Council. Your continuing litigation just adds cost.

We recognise that the “grievance” over the de-velopment and funding of the Mangawhai Waste-water Scheme runs deep. Your chairman expresses his grief by sending emails to me on a regular basis, full of objectionable and unnecessary person-al abuse against the Commissioners, the Council’s Chief Executive, and oth-er members of staff.

Today most people in Kaipara support the efforts being made to get the Council functioning well again. For that we are grateful. We invite you to

join with us and others in the community in these endeavours.

We cannot change history. We are putting right what we can put right. We are pursuing parties that are accountable under the law.

For the good of the Kaipara, and being mind-ful of the substantial costs that litigation imposes upon ratepayers, we urge you as a member of the executive committee of the MRRA to withdraw your appeal.

The Association has had its day in Court. It is surely time to bring litiga-tion against the Council to a close and move into 2015 in the spirit of community and partnership. Sincerely,

John Robertson
On behalf of the Commissioners

---