NRC rates invalid, court rules

Bruce Rogan said the court ruling was good news for democracy and for everyone in the country, not just in Northland. PHOTO/JOHN STONE

The High Court has ruled that rates the Northland Regional Council set for Kaipara ratepayers for five years were invalid but did not order a refund.

In a judgement following a judicial review proceeding, Justice Ailsa Duffy quashed NRC's rates for the years between 2011 and 2016 as well as penalties imposed for those years.

The judicial review was brought by the Mangawhai Ratepayers and Residents Association and Bruce and Heather Rogan against NRC and Kaipara District Council.

Justice Duffy's ruling on relief followed an earlier judgment last year in which she had declared the rates and penalties for those six years were unlawfully set.

Under a judicial review proceeding, she could not order refund but affected ratepayers could demand NRC to refund their rates and penalties.

Association chairman Bruce Rogan welcomed the ruling, saying it would send shockwaves through the entire government and local government circles.

Comment has been sought from the NRC.