BULLYING AUCKLAND COUNCIL
On the one hand we have a sculpture of a house now scaled down to cost a mere $1.5 million, a mere ornament which the council intends to buy
On the Other hand we have a real house , a home to at least three people and two cats worth less than $700,000.Which the council is going to forcibly sell .
Then there is a rates bill of some 13,000 which was not paid out of protest to a very one sided contract where by Council was not keeping up their end of the agreement where by they were to engage in open transparent and democratically accountable governance.
While the council are prepared to pay over the top for one they are willing to sell the other because a pittance is owed. Ironically this is exactly why Penny withheld her rates.
Penny Bright withheld her rates until the books were opened just as Auckland transport has managed to do see here
So the $13,000 in arrears rates have attracted over $20,000 in penalties. this prompted us to have a closer look at what is going on with our rates and it appears that Auckland rate payers are held accountable to rate penalties in a very strict manner , pay a day late on any instalment and you pay 10% more ,On the other hand Auckland council is manipulating the law and in other instances being totally non compliant.
In going through the law and the detail we have discovered a number of things which are worthy of question , especially when the houses which we once bought for tens of thousands are now worth hundreds of thousands and wages have remained static.
Let us you through it , this is the way we see it .
The applicable legislation is the Local Government (Rating) Act 2002 and the ability to include penalties comes from a two step process by council .
- There needs to be a decision by council , this may be delegated but has to me made before the rates are set
- The decision made must comply with the law and
- Must not exceed 10% of the amount of unpaid rates on the date when the penalty is added
- may be of the types of penalties as set out in section 58 being
a) a penalty on rates assessed in the financial year for which the resolution is made and that are unpaid after the due date for payment (or after a later date if so specified):
(b) a further penalty on rates assessed in any financial year and that are unpaid on whichever day is the later of—
(i) the first day of the financial year for which the resolution is made; or
(ii) 5 working days after the date on which the resolution is made:
(c) a further penalty on rates to which a penalty has been added under paragraph (b), if the rates are unpaid 6 months after that penalty was added.
The way that we interpret this is that these options are available and are the only legal options available IF it is contained in the decision by council.
We went in search of the decision which Auckland council had made and found it in the 2014-15 annual Plan Volume 1 – Our Plan for 2014/2015 for ease we have isolated the pages concerned they are found here rates related policies
Penalties on rates not paid by the due date
The council will apply a penalty of 10 per cent of the amount of rates assessed under each instalment in the 2014/2015 financial year that are unpaid after the due date of each instalment. Any penalty will be applied to unpaid rates on the day following the due date of the instalment.
A further 10 per cent penalty calculated on former years’ rate arrears will be added on the first business day of the new financial year (or five days after the rates resolution is adopted, whichever is the later) and then again six months later.
Spot the difference ?
Auckland council imposes penalties on each installment where as the act applies it to the rates assessed in the financial year and does not speak of penalties for parts of rates .
The rates are set for a financial year in this case being 1 July 2014 to 30 June 2015 in the rate assessment which we have before us is for $4510.81.
There is an ability to pay it by instalment , or pay the lump sum which gives a saving of a whole 1.1% . $4461.18. a saving of a whopping $46.63
Relevant here is Section 24 Due date or dates for payment, in the interpretation section due date, is defined as : in relation to a rate or part of a rate, means the last day for payment of the rate, or part of the rate, that is set out in the rates assessment
The question has to be : can “ a penalty on rates assessed in the financial year for which the resolution is made and that are unpaid after the due date for payment” be interpreted to mean a part rate ?
The assessment notice reads total rates payable 2014/2015 is $4510.81 to us this means that by 30 June 2015, $4510.81 needs to have been paid being the financial year as determined by 45 (1) (j). and most importantly 45 (1) (k) which states “the total amount of rates payable on the rating unit for the financial year”
while Auckland council asks for the payments to be made by four equal installments , the overall obligation is to clear the rates due in that financial year .
The regime should be more in line with retail being
- the price which is due on the due date .. in this case $4510.81 by 30 June 2015
- the discounted price if paid in its entirety early, this is usually heavily discounted
- The price if paid by installments which should be equal to or as an incentive less than the demanded price
At all times the right to pay the full rates demand by the 30th June in one payment should remain an option as that way you are payign your entire rates in the year that it is due.
If you were to pay it in a lump sum under the Auckland council regime , and still be complying with legislation you would incur penalties of $338.10 ( being as stated on the notice $122.70 per installment ). Compare the extra penalties for being complaint with the law to the savings for paying early one gives you a penalty of $33.10 the other a saving of just $46.63 a difference of $291.47, so why is the money in Auckland councils pocket worth more than in yur pocket.. should it not be at least equal ?
more in part 2 the juiciest is yet to come.
Auckland city and now Auckland council are of the belief that they can inspect swimming pools when ever they like and charge for it.
The law with regards to swimming pools and fences is found here
the obligation for the council comes from section 10
10 Obligation of territorial authorities
Every territorial authority shall take all reasonable steps to ensure that this Act is complied with within its district.
You won’t find any section which states that they will come round every three years, Basically section 11 provides for the fact that if the council reasonably believes that the pool no longer complies then they have a right to an inspection.
OPEN LETTER TO AUCKLAND COUNCIL HARASSMENT BY COUNCIL CONTINUES.
I have never refused to allow an inspection on the grounds that the pool no longer complies.
I have had pool inspectors turn up at my house unannounced , when I ask them why my pool does not comply they cannot tell me, all they say is that it is due for inspection. THERE IS NO SUCH PROVISION IN STATUTE AND I WILL NOT ALLOW COUNCIL TO MAKE UP THE LAW.
They pull out a warrant card and tell me that they have a warrant.. well sorry wrong kind of warrant the only warrant which applies for a forced entry to inspect is one issued through the court. If you cant tell me why you want to inspet the pool what are you going to tell the court ?
A record of my correspondence with council can be seen here
- Swimming Pool Compliance and Inspection 17 may 2010
- OIA LGOIMA request where do councils get the po..19 may 2010.
- Council abuse of powers and lack of accountabi. 8 june
- correspondence to council 20 june
- harassment by council 20 june pm
- harassment by council 22 july 2012
I cannot recall ever receiving a response on these issues and thought it had dies a natural death until I received a letter from debt collectors for $250 for Auckland council .
When I took time to find out what it was for it transpired to be for the pool inspections which I was never aware of.
I have very publicly displayed the issue here
Mr Jan Bernard 19 april from Jan Bernard claims that the notice that was sent to me on the 6th June was not responded to .. well I am not sure what I did in this email but I was as sure as eggs responding.. via his boss. Council abuse of powers and lack of accountabi. 8 june, perhaps there is an issue of communication within council or perhaps my emails were blocked again.
When the officer came on the 20 th June he actually came faster than the post, council could have saved some postage by getting him to hand deliver the document he relied upon for entry… I never got it till later that day. .. again I corresponded with council
So they inspected the pool area from the outside, two days later .. why could the officer not have done that on the 20th? when they came back despite my further correspondence and ignoring it they found my neighbors offending trellis , I was totally unaware of this until they came to re inspect on the 20 th July – why couldn’t they have dropped the notice in my letter box they walked right by it.
So the first time I hear about any of this is on the 22nd July , What was also incredible was that they managed to time this so well with the liquidation of my company which was being carried out by their former employee through false affidavits
This was the very first occasion I was aware of this inspection , I immediately took the issue up with the neighbours and they removed the trellis. And was it also coincidental that the pool inspector wore a Waitakere uniform.? Waitakere is where the corruption I uncovered occured… am I being got at I am a whistle-blower and council is beating me up nothing short of bully boy tactics. I honestly wonder is Wendy Brandon is coordinating this Where is she on giving legal advice to council.. No legal process has been followed AT ALL !
I thought that that was the end of it, I never saw an invoice until I get a debt recovery letter.
I think that if the council can go to these lengths with me then they can also look at dealing with my LGOIMA requests which have been unanswered and the 7 years I have lost because I stumbled on corruption. CORRUPTION WHICH THE COUNCIL I S ACTIVELY CONCEALING FROM THE PUBLIC.. THE REASON OUR RATES ARE SO HIGH!.
Council certainly is not acting in a adult manner.
I have had my emails blocked, I have been harassed all because I Identified corruption in council and council prefers to keep this under wrap.
I again make this a LGOIMA request and ask that council deals with the LGOIMA requests in my emails as listed above 1-6. and an explanation as to why an invoice was never sent and why this matter went straight to debt recovery without advising me that there was even an invoice.
We also request and explanation as to your rights to release personal information from council records to the debt recovery company.
I AM SENDING THIS TO ALL MEDIA , ALL COUNCILLORS, THE MAYOR CEO OMBUDSMEN .
THIS BULLYING MUST STOP
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- Now this does take the cake
- Suzie Dawson a blast from the past may she fare well in Russia
- Abuse of Harassment action ..attack the best form of defence for would be crims
- Malcolm North takes a break from Bankruptcy court to do more harassing
- Ministry of social development employee Malcolm North continues to Bully
- Open letter to Debbie North ,mother of muse restaurant chef Samuel North wife of Malcolm North
- Muse Eatery is it or is it not connected to Muse on Allen ?or what does this say about Samuel Norths integrity ?
- New Zealand , how we facilitate sham trusts
- New Zealand Trusts and Companies .. our unsafe system hits a new low.
- MOSSACK FONSECA the New Zealand connection
- Tax havens explained
- Muse Eatery & Bar – a Phoenix rising ?
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