Mangawhai Ratepayers have lodged a claim against the council after rates increases.
Mangawhai Ratepayers have lodged a claim against the council after rates increases.
Angry Mangawhai ratepayers who refuse to pay their rates in protest over a controversial wastewater scheme are seeking nearly $1 million in damages from the Kaipara District Council.
The claim has been filed in the Court of Appeal by the Mangawhai Ratepayers and Residents' Association (MRRA), which is seeking tooverturn a retrospective legislation that validated irregularities in the setting and assessing of rates for the scheme.
With 991 members, the association wants $1000 per member, or $991,000 in total, from the council for allegedly breaching their right to seek justice for their cause.
Details of its sought-after damages and submission were filed in the Court of Appeal last Friday ahead of a hearing on August 25 and 26.
The association is challenging a High Court ruling that said the council had the power to impose rates, that the Validation Act validated rates for all purposes, and that there was no breach of the Bill of Rights.
However, the High Court ruled contracts for building the EcoCare facility were made and entered into unlawfully and the contracts were unlawful.
The Validation Act is a law validating irregularities in the setting and assessing of Kaipara District rates from the 2006-07 financial year to 2011-12 in respect of the Mangawhai EcoCare wastewater treatment scheme.
In his submission to the Court of Appeal, association lawyer Matthew Palmer QC said the damages sought was deliberately set at a level that was "modest" per person and was not "derisory".
The association is making arrangements for its members and supporters to follow the Court of Appeal hearing via a video link set-up in either the Whangarei Law Courts or in a conference room at Toll Stadium.
