Going downhill

Well despite some new developments the 'Sleeping Dragon' of Kaipara ratepayers - more particularly in the west - has still not been properly awakened. The divide persists between those who are fighting hard to have the past actions of Council corrected and the majority who simply appear to ignore the drastic situation we are in and just 'don't want to get involved'.

A while ago MRRA took positive action in lodging a claim in the High Court that seeks to have the LTP and PDP declared illegal. More than one legal opinion has suggested that such an approach is likely to succeed because of the vast number of illegalities performed by the Council over a number of years. Commissioners however have taken fright and declared they will provide up to $500k towards defending the claim - they expressed 'disappointment' that such action should be taken, despite their challenge to the public to do so.
The matter now sits before the Court and we have heard that the case is likely to be considered at a date in August.

Despite this action being under way, a bill has been introduced into Parliament asking for validation of all the illegalities and a declaration that all the rates charged are and have always been lawful. It is staggering that this could even be considered given the catastrophic performance of the past Council/s, yet the bill has been referred to a select committee for consideration. Black = White.

A point of wonder is that Parliament will allow progress of this bill whilst the matter is before the Court: this may be the first time Parliament has interfered with the judiciary.

Many ratepayers (at least 21%) are still withholding rates and despite increasing pressure from Council are likely to continue to do so, at least until the outcome of the Court process and/or the local bill are concluded.

WHAT GIVES, KAIPARA????

There is a very disturbing factor evident in the Kaipara District.

Despite the blatantly obvious failings of the District Council over recent years, many ratepayers just seem to be willing to close their minds and 'get on with the job'.

This attitude was apparent even when strong evidence was published that the errant councillors had performed many illegal or ultra vires acts in allowing the district's debt level to balloon out of control. Despite vigorous attempts by concerned agencies to get the council out of office, most people simply ignored the problem and it was only when the Review team came on board that realisations began   to gel. The result of their report was prompt dismissal of the councillors and introduction of a team of commissioners to run council affairs.

Has this brought any improvement in the situation?

So far - NO. The commissioners have charged ahead with demands for rates that are plainly illegal (because the LTP they were based on is illegal in terms of the Local Govt Act). They indicate further that they will not be taking any action regarding past irregularities until 'some time down the track'. They first want to see the report from the Office of the Auditor General, which is investigating the Mangawhai Ecocare Scheme and the behaviour of it's subsidiary Audit NZ.

Meanwhile ratepayers are assured that the existing debt level belongs to us all, in complete disregard of the illegal nature of much of the debt. It is on this total debt that the rates are based.

Now wouldn't it be nice if it were established that a significant portion of the illegal debt could be recovered? Why should we blindly accept that we are liable when common sense says that may not be so? Surely a much lower debt level would diminish the need for the astronomical rates rises we are being threatened with?

So why aren't we doing something about it?

MRRA have given a lead - many ratepayers from Mangawhai are on a rates strike.

KCRA are taking a moderate line in allowing the commissioners a little time to come to grips with the situation but will insist on recognition that strong and prompt action must be taken to investigate the past. Failure will lead to active promotion of more strike action.

Where does the public stand? By and large - AWOL. It is hard to understand that so many can be deluded into thinking that the commissioners are going to wave a magic wand and all will be well. Such is obviously not the case.

As an indication of the (growing) size of the problem, the soon-to-be-released Annual Report for 2011/2012 will show that whereas a moderate operating surplus of $760,000 was predicted, the final result was a deficit of $9.3m!!! That's a $10m swing backwards!!! Is it any wonder that the councillors who were supposedly in control simply had to go???

And the public at large are sitting back and saying nothing, preferring to accept the position and just 'get on with it'. Leave it to someone else to deal with.

Why hasn't there been a public revolt? Numerous individual grumbles are being heard down in the traps but there is no general uprising that one should expect from such a desperate situation. Despite the efforts of KCRA to drum up support for a strong stand, membership languishes at a low level (MRRA has at least four time as many).

The conclusion one is led to is that all the strenuous efforts to seek accountability could be derailed through the apathy of the local population. This would be very sad to see as not only are we working hard to bring democracy back to local government but also we are blazing a trail for all NZ districts to take back control of their affairs from the bureaucrats and consultants who treat ratepayers as easy pickings.

FOR HEAVEN'S SAKE - STAND UP AND BE COUNTED

First Step

Hello Everybody!

I have decided to set up this Blog in the interests of creating a forum for discussion amongst members of KCRA and others who may be interested in our situation and progress.

It will not be a replacement for official minutes but will serve as a sort of diary for what has been happening and what may lie ahead.

Comments and suggestions welcome.

Graham