High Court rules sale of activist Penny Bright's house to continue

The sale of Penny Bright's house will continue. Photo / Brett Phibbs

A plea from long-time activist Penny Bright for interim relief over the selling of her house has been dismissed, meaning she may soon lose her home.

In a High Court ruling released this morning, it was confirmed that the sale of her Kingsland, by the Auckland Council, may continue.

The forced sale follows Bright's failure to pay rates and penalties for more than a decade.

As a result, she now owes the council about $69,000 - or almost $89,000, if including legal costs.

Bright has made it clear that her refusal to pay her rates is in a bid to get more transparency and accountability from those at the council.

Bright has sought to judicially review the council's decision to pursue the sale of her house under the Local Government (Rating) Act 2002.

That would see an examination of the legality of a decision or process, the ruling said.

Justice Mathew Downs noted that no date had yet been set for such a hearing and that the interim relief - which was sought until such a judicial review took place - would not be appropriate.

"Ms Bright's circumstances are unfortunate,'' Justice Downs said.

"However, those in relation to the council are entirely her own fault. Interim relief would not be appropriate even if the threshold for relief had been crossed - which it has not.

"It is not open to a ratepayer to boycott rates or engage in a rates revolt for more than a decade and then argue statutorily envisaged consequence should not follow; no one is above the law.''

Late last week, Bright revealed she has been diagnosed with stage 3 ovarian cancer. Doctors have said it is incurable and inoperable.

The activist said: "The massive stress I have been subjected to over the forced sale of my freehold home has gone straight to my gut.''