Judge reserves decision on unpaid rates

The Auckland District Court has today reserved its decision relating to summary judgment sought by Auckland Council against Ms Penny Bright for unpaid rates.

The council is seeking to recover unpaid rates and associated penalties from Ms Bright on her Kingsland property, which, as at 30 June 2015, totalled $34,182.51.

On Friday Ms Bright delivered a partially completed rates postponement application, along with a list of demands of council.

Ms Bright has been advised that the application cannot be processed or actioned because the documentation is incomplete. She has been advised which sections she is required to complete, after which time the council is happy to process the application with urgency.

“We have given Ms Bright ample opportunity to resolve this matter in a way that would not cause her financial hardship. Regardless of the outcome of today’s hearing, this option will continue to remain open to her.”

“Taking court action is always the last resort for council to recover unpaid rates,” says Auckland Council Group Chief Financial Officer Sue Tindal.

Auckland Council has a duty to all Aucklanders to collect rates, which ensures fairness to all ratepayers.

Background to Ms Bright’s outstanding rates:

• Ms Bright has not paid rates since 2007. In 2012, the Auckland Council obtained a judgment from the District Court for the amount then owing and used that to apply to the High Court for a rating sale of her property.

• After the compulsory stand down period of six months and just prior to a the rating sale process being commenced by the High Court, Ms Bright applied to the District Court to have the judgment that formed the basis of the High Court rating sale set aside.

• Ms Bright was ultimately successful on a technical ground as an award of costs against her in previous proceedings was inadvertently included in the calculation of the 2012 judgment sum. However, the underlying claim for unpaid rates remains active.

ENDS

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