Posted by: transparencynz | October 28, 2014

Council rates- Is the council delegating authority legally – part 4.

In this  the  final instalment of the Auckland council rates investigation we explore  delegation.

The  Local Government (Rating) Act 2002 states

132 Delegation
  • (1) A local authority may delegate the exercise of functions, powers, or duties conferred by this Act on the local authority to—

    • (a) its chief executive officer; or

    • (b) any other specified officer of the local authority.

    (2) A local authority must not delegate

    • (a) the power to delegate; or

Now lets look at the annual  plan again, it states

Delegation of decision-making

Decisions relating to applying the rates under the rates related policies will be made by council officers.

The question  we  need to explorer here is whether  “council officers.”   is   the same as specified as required by the act.  .

There appears to be no definition for Council officer  in any  legislation

Is the lady on the  front desk  there is a receptionist, she is a council officer  , the guy  who overseas the council car park  he is a council officer , I guess you could say that any council employee is a council officer.

Further the annual plan states  that it is  “Decisions relating to applying the rate”  that is delegated to “Council officers ” but the act is specific that   Council cannot delegate the power to delegate  . So without a specific person  being handed the responsibility  the  delegation is  left  rather wide open . There is only one thing for certain and that is that the responsibility still rests with the governing body .

The slack  wording of the annual   plan   and the lack of specificness brings about  the question whether or not the  penalty regime set  by council is even legal in the remotest sense.

But wait there is more

The rates assessment is  sent out at the  beginning of the financial year and  is a document  which is  produced to comply with section sets out the  details as required by legislation , in this case section 45

So we have gone back to the rates assessment notice  that we have before us   and start ticking off the requirements as set out by the legislation.

Item

(k) the total amount of rates payable on the rating unit for the financial year:

we have already seen that  the total amount payable is  $4510.81 .

But if the payment is  made by instalments and each instalment is one day late  then  the  amount paid by the end of the financial  year  ( paid up  by 28 May 2015  when due date is 30 June  2015 )  will be  $4961.61  , an extra $450.81  under the councils  penalty scheme which is not supported by legislation .

On top of that   the $450.81  includes   a total of $58.80 penalties on GST

(l) whether or not the local authority has a remission policy, a postponement policy, or a rates relief policy for Māori freehold land and, if so, a brief description of the criteria for rates relief under each policy:

There is nothing on  our notice which  refers to this at all .

(l) whether or not the local authority has a remission policy, a postponement policy, or a rates relief policy for Māori freehold land and, if so, a brief description of the criteria for rates relief under each policy:

There is nothing on the rates assessment notice which states when the rates must be paid by , the  installment dates are given but there is no indication that  the payments must be made by those dates  it simply states ” amount payable by “.

(n) if applicable,—

(i) the penalty regime of the local authority; and

(ii) a warning that, if rates are not paid on time, a penalty may be added under that regime:

There is nothing on the rates assessment notice with regards  to penalty regimes   and there are no warnings with regards to failing to pay by any due date .

(o) if an early payment of rates has been made in accordance with a policy adopted under section 56(1),—

(i) the rates paid and any balance remaining to be paid; and

(ii) the amount of any discount allowed for the early payment of the rates; and

(iii) any credit balance remaining after payment of all rates due, adjusted for any discount allowed:

None of the above are shown on the rates assessment notice  .

(p) the right of ratepayers to—

(i) inspect the rating information database and rates records; and

(ii) object to any of the information included in the rating information database and rates records.

There is no mention  of these details either .

The Rates assessment notice  which we have before us  does not comply with the legislation Contents of rates assessment.

Perhaps the  council should  tidy up its act with regard to rates

  1. Have penalties which are fair and reasonable  based on the   ever increasing value  and ever  rising rates   of our homes
  2. Have a rates penalty regime which makes sense and  can be interpreted in the same way by every one reading it.
  3. Apply   Penalties legally and only to the portions  which   penalties can legally be applied to
  4. Live by the law which  council so strictly imposes on the rate Payers.

I would  like  to Acknowledge Penny Bright  . It is because we looked at  the rates bill she had that  these issues have been raised.    Her  penalty bill is now  significantly larger than   her   rates demands . While Auckland council wants to sell her house for effectively $13,000  in   arrears rates and more than  $20,000  in penalties.

Auckland council the time to be open and transparent with your rates  penalty regime is now.


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