June 3 2014
LIFESTYLER
Kaipara
Kaipara’s Only Regional Newspaper — Kaipara Owned and Operated
Come and see us at Unit 1 - 29 Lower Tarewa Road Whangarei
Unit 1 29 Lower Tarewa RD
10,000 Copies DELIVERED FREE throughout the Kaipara
“I find it incomprehensible that a democratically elected council, in conjunction with its executive team, could decide to increase the cost of a major infrastructure project by approximately $22.1 million without consulting with its constituents; namely, the ratepayers who were to pay for it.” — Justice Paul Heath (for full court decision go to www.kaiparalifestyler.co.nz)
Mixed outcomes for Mangawhai in court decision
Unsung hero recognised for community service
u by Colin Patterson
P3
Ruawai family gives back
For Eloise Barlow and her family, Ronald McDonald House became a home away from home …
P7
A question of community
Maungaturoto Residents Association are preparing for a busy month this June …
P11
Mangawhai residents who took legal action against the Kaipara District Council have won their battle, with a High Court justice saying council decisions to go ahead with the community’s EcoCare sewerage scheme were illegal. But in a major victory for the council, Justice Paul Heath also ruled that rates levied by the council to recover the scheme’s costs are valid because Parliament passed validating legislation. Justice Heath decided the scheme’s complex financing arrangements are protected transactions under the Local Government Act and are therefore lawful, although council resolutions that led to them are not. Kaipara District Council commission chair John Robertson says the council never disputed that it breached the law when it went ahead with EcoCare in 2005 — and when it raised rates to deal with cost blowouts on subsequent occasions. “However, it was always the view of the commissioners that the debt was enforceable and that council had a legal obligation to repay the debt. The court has agreed with this view and I hope it is now crystal clear to everyone, so that as a district, Kaipara can move forward.” “We now hope that this matter can be put to rest and that those people still withholding rates will realise their
p Mangawhai Ratepayers and Residents Association chairman Bruce Rogan
p Kaipara District Council commission chair John Robertson
position is simply not legal, nor is it fair on the rest of the district.” However, Justice Heath suggested the council look at options for repaying the debt, other than raising rates for Mangawhai ratepayers. Mr Robertson says the council is already spreading one-third of the debt across the district, and is looking at recovering costs from other parties, such as Audit New Zealand and former councillors and council managers. “All potential areas are being explored. We’re continuing to receive
advice and expect an announcement within two or three months.” Mangawhai Ratepayers and Residents Association chairman Bruce Rogan says the decision is not unexpected. He says the more than 1000 members of the association who have been withholding rates will now pay up. Justice Heath awarded cost in favour of the Mangawhai residents which Mr Rogan says are likely to total $250,000. Justice Heath also ordered a telephone conference with the parties on or after June 20 to discuss the next steps in the case. ¢
Ladies night @ fosters 37 NORMANBY STREET AROUND THE BACK
SPOT PRIZES
Tons of HALF PRICE items 1 Night ONLY!
THURSDAY 12TH JUNE
GRAND PRIZE
TICKETS
$10pp
5PM – 7.30PM
GOODIE BAGS
worth over
$800
Must get Tickets before the night . Conditions apply
40 Victoria Street, Dargaville • Phone 09 439 8266 • email: team@fostershd.co.nz Check out our website www.fostershd.co.nz