Kaipara commissioners have approved the remission of some rates penalties but not others, saying they believe the Kaipara District Council rates remission policy allows them to make their decision without community input or analysis of other options.
But retired Mangawhai lawyer Clive Boonham has lodged a complaint with Local Government Minister Chris Tremain and Auditor-General Lyn Provost claiming the commissioners are acting illegally.
He says the current remissions policy doesn't allow backdating of remissions as the commissioners have done.
An explanation in the agenda for a council meeting on the Otamatea Marae at Batley on Tuesday says: "The policy indicates remissions 'may not' be backdated. Normally remissions will not be backdated but this policy allows for backdating (ie the default is not to allow backdating but discretion is permitted)."
Mr Boonham said this was mumbo-jumbo, there was no such discretion and the commissioners should have developed a new policy, which would require consultation with ratepayers.