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Auckland Council receives rating sale injunction decision

Published: 16 May 2018

Auckland Council today received the decision by the Auckland High Court, Justice Downs, to dismiss Penny Bright’s application for interim relief to halt the sale of her house.

Following the publication of the decision, Ms Bright contacted council to arrange a meeting tomorrow to discuss the dismissal of her application for interim relief.

Auckland Council General Counsel James Hassall says we are sad to hear of Ms Bright’s recent health problems and would prefer to see her stay in her home.

“We are looking forward to meeting Penny tomorrow in the hope of resolving this matter,” Mr Hassall says.

Justice Downs’ decision notes that despite Council discussing payment and rates postponement options with Ms Bright on a number of occasions, she has continued to refuse to pay her outstanding rates bill.

This led to council applying to sell Ms Bright’s property under the Local Government (Rating) Act 2002, which was approved by the High Court with tenders closing on April 24.

In declining interim relief from the rating sale, Justice Downs noted that other relief is readily available:

“Most obviously, Ms Bright could choose to pay her rates and arrears. Or, choose to enter a postponement arrangement with the Council.

“Ms Bright’s circumstances would satisfy the Council’s postponement policy. But either way, the rating sale of her home would not proceed.”