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Appeal lodged against Mangawhai court decision

by Colin Patterson


KDC commission chair, John Robertson

Mangawhai ratepayers protesting over rate hikes to pay for the EcoCare scheme are appealing a High Court ruling the rates are valid.


Mangawhai Ratepayers and Residents Association chairman Bruce Rogan said an appeal was lodged last week, although he says the judgement will not become valid until Justice Paul Heath has considered submissions from lawyers for the association and the Kaipara District Council in a teleconference this week.


He adds that if progress is made and the parties can agree on the wording of declarations, the appeal will be withdrawn.

Kaipara District Council commission chair, John Robertson, is disappointed the association has decided to appeal. ‘”We had approached with an offer to end the litigation. We need to look to the future and stop spending money on lawyers.”


Mr Rogan says Justice Heath said the council should consult with the community before it made final decisions on rates. But it did not do so. 


“They can’t be trusted and they should be held to account by the High Court.”

Because the legality of rates remains unclear, the association is advising its members not to pay, though they were due on June 30.