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Mangawhai residents who have withheld paying their rates are in limbo as it may be weeks before a decision is reached on whether the rates were illegal or not.
Kaipara District Council (KDC) is suing Mangawhai Residents and Ratepayers chair Bruce Rogan and his wife Heather for about $24,000 in rates arrears and fees.
Mr Rogan claims the rates were invalid due to a number of errors in the rates invoices however the Council argues the errors are minor and the rates are still valid.
The case is likely to determine the outcome of proceedings against 22 other ratepayers who are being sued by the Council. Their cases have been stayed pending the outcome of the Rogan case.
The hearing took place over two days from June 30 in the Whangarei District Court.
Judge KB de Ridder has not given any indication of how long it will take him to deliver a decision. Court service manager Kevin McCartain says the judge is currently on leave for a week and it may be some time before he reaches a decision due to the complexity of the case and other workloads he has to deal with.
Mr Rogan says he has offered to negotiate a settlement with KDC. He has previously offered to pay $13,000 in rates arrears, but none of the penalty costs.
“I’m happy to consider any offers the Council put forward,” Mr Rogan says.
The Mangawhai Residents and Ratepayers are appearing in the Court of Appeal next month, appealing last year’s High Court decision which validated the ability of the Council to collect rates, despite funding the Council acted illegally in taking on millions in debt for a Mangawhai sewerage scheme.
Mr Rogan says the judge may await a decision from the Court of Appeal before making a decision on the Whangarei District Court case.
Hundreds of Mangawhai residents withheld their rates from 2011 in protest of KDC starting a $63 million dollar sewerage scheme without consulting or informing residents.
