Legal Action Possible If Arc Does Not Act
The Mayor of North Shore ,George Wood, is incorrect in implying that the regions MPs decided that the ARC could not
reset the rates this year.
I was present, and spoke at the meeting of MPs.
I explained the implications of the new Rating legislation which allowed resetting of rates - and I urged them to lobby
their ARC members to pressure them to take the step of resetting this year.
Evidence is now available which shows that the ARC rate could be declared invalid by the court and would have to be
replaced.
We believe that ARC lawyers have advised that there is no cause for such action under Section 120 of the Local
Government (Rating) Act 2003.
We challenge that - but we are not in a position to take such action - nor do we want to. We do not have a mandate for
that.
We believe that such an action could be successful - but would be extremely costly.
Ratepayers cannot afford the cost of such action - nor should they be required to.
But all it would take is for a small group of individual ratepayers to take such action and the ARC would no longer
control its own destiny
We will therefore seek a meeting with all available ARC members, and officials, on Monday afternoon to put our case to
them for action under Section 119 of the Act - which allows the ARC to voluntarily reset the rates for the year.
This course of action could be swift and relatively straightforward - and would not cost anything like the cost of a
legal action for replacement.