New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Rates postponement

Legal area

Court

16 May 2018

BRIGHT v AUCKLAND COUNCIL [2018] NZHC 1054

Citation

[2018] NZHC 1054
Court

High Court

Interim relief was refused because the applicant had little prospect of success on the merits, alternative immediate remedies (payment or statutory postponement) were available and unexercised by choice, and there is no legal link between the applicant's demands under the Public Records Act and her obligation to pay rates such that the statutory rating sale process should be halted.
11 Jul 2016

BRIGHT v AUCKLAND COUNCIL [2016] NZHC 1560

Citation

[2016] NZHC 1560
Court

High Court

The Court held that non‑compliance by the Council with the Public Records Act does not constitute a defence to a ratepayer's statutory obligation to pay rates; the Council's assessments and invoices met the statutory requirements of ss 45 and 46 of the Local Government (Rating) Act 2002; no valid rates postponement application had been made; accordingly summary judgment was properly entered and the appeal fails.