The group wanted, in effect, the judge to rule that the KDC's interpretation of the law relating to debt is wrong. It also wanted to rule that the KDC, in supporting the Kaipara Validation Act - a law passed by Parliament validating irregularities in the setting and assessing of Kaipara District rates from the 2006-07 financial year to 2011-12 - was acting against the Local Government Act and its responsibilities to ratepayers.
However, council lawyer David Goddard, QC, said the application should be struck out because senior managers involved in the decision have been replaced, the Kaipara District Council has argued in the High Court at Whangarei.
In his submissions, Mr Goddard said the change of guard at KDC from the one involved in the decision to establish EcoCare from 2005 to 2007 meant the application should be struck out.
Mr Goddard said the decision to legislate was made by Parliament, not KDC, therefore it made no sense for the association to suggest that the enactment of the legislation was a breach of the New Zealand Bill of Rights. He said it would be inconsistent with the Bill of Rights for the court to impose civil liability on KDC as a result of participating in Parliamentary proceedings.
More than 100 Mangawhai residents were at the court for the hearing - which is due to last at least until tomorrow - with proceedings screened live in a neighbouring courtroom so all the residents could watch the action.