17 Dec 2015
MANGAWHAI RATEPAYERS AND RESIDENTS ASSOCIATION INCORPORATED v KAIPARA DISTRICT COUNCIL [2015] NZCA 612
- Citation
- [2015] NZCA 612
- Court
- Court of Appeal
The protected transactions regime in the Local Government Act 2002 and the s118 certificate make the EcoCare borrowings valid and enforceable for all purposes; given that legal status and the LGA's financial management duties the Council may lawfully take steps, including raising rates, to meet those obligations; the Kaipara Validation Act 2013 validly and lawfully validated the specified historical rates for all purposes and did not unjustifiably limit the BORA s27(2) right to judicial review; the Council is not liable for promoting the Validation Act.