25 Jul 2014
MANGAWHAI RATEPAYERS' AND RESIDENTS' ASSOCIATION INC v KAIPARA DISTRICT COUNCIL [2014] NZHC 1742
- Citation
- [2014] NZHC 1742
- Court
- High Court
The Council's decisions to enter into the EcoCare agreements and to adopt Modification 1 breached Part 6 LGA 2002 and are unlawful but the loan contracts are "protected transactions" under ss117–118 LGA 2002 and therefore enforceable by creditors; the Validation Act retrospectively validated the historical rates and related plans for all purposes so interim relief to prevent collection was not justified; the Council retains the ability to levy future rates to meet the lawful debt but must consider ratepayers' best interests and alternatives before so doing; declarations as specified were orde…