20200404 Mangawhai charged
From: Bruce Rogan <brucerogan2017@gmail.com>
Date: Sat, 4 Apr 2020, 14:38
Subject: The end of everything
New Zealand’s day of shame
Today we received from the Chief Executive of Kaipara District Council advice of the amount they consider owing to them to settle the litigation, instigated by them, that has taken place over the past nine years.
They are demanding $121,000. They have already filed charging orders against the Rogans’ house in Mangawhai.
This is a disgraceful saga of judicial misconduct. The government and the judiciary colluded to protect councils and their creditors from any attack by ratepayers.
I am not going to take you through the history, because you are all rightly sick to death of it, but you should know this:
1. The District Court found against us on the basis that the law prevented us from defending ourselves. We appealed. The High Court did not investigate the questions we raised. It let the District Court findings stand. We went back again and asked it to allow us to appeal the meaning of Section 60 of the Local Government Rating Act (The section hidden behind by de Ridder in the District Court to throw out our defences). The High Court (Duffy) in an unprecedented moment of judicial fairness, allowed the appeal ON THAT POINT ALONE.
2. The Court of Appeal found FOR us on the meaning of Section 60, and then proceeded to find against us on points that were never before it and on which it heard not one shred of evidence. We had seen some terrible judicial “incompetence” as we went through this process, but this was by far the worst. We had to find out if this corruption/incompetence went all the way to the top, so we asked the Supreme Court to intervene. Unsurprisingly, the Supreme Court perpetuated the cover-up.
3. We were told time and again, by people who had gone before us, that if you want justice in New Zealand the last place you should look for it is in the courts. How right they all were. Nobody ever questioned the fact that the council acted illegally, and to this day nobody has questioned the High Court finding that the decision to go ahead with the Mangawhai sewage scheme was illegal, and the money used to pay for it was borrowed illegally.
One of the most terrible consequences of what has happened to us is that nobody will ever again challenge the actions of any council in court, because it is pointless. However, it is perfectly obvious that in future anyone seriously aggrieved by illegal conduct of councils will take the law into their own hands. There are now no other options.
We are immensely grateful to all of you. We were a test case, and even if we now have to sell up and move away we did what we thought was right and ethical. Heather and I will use our money to whatever extent necessary to put an end to this disgrace. If anyone reading this is able to help, the MRRA account number is 38 9012 0318164 00.
Yours sincerely,
Probably for the last time
Bruce Rogan
Chairperson of Mangawhai Residents and Ratepayers Association Incorporated.
---------------------------------------------------------------------------
From: Bruce Rogan <brucerogan2017@gmail.com>
Date: Sun, 5 Apr 2020 at 14:51
Subject: Clarification of Yesterday's email
New Zealand’s day of shame
Some members suggested that the newsletter of yesterday needed clarification.
1. In order to settle all outstanding matters related to litigation, the KDC is demanding $121,235.62.
2. Of this amount, $65056.23 relates to court actions involving the MRRA.
3. The balance ($56179.39) relates to actions taken by KDC/NRC against approximately 105 ratepayers. The Rogans agreed to be a test case and all the other proceedings were stayed by the District Court.
4. KDC have taken no action against the MRRA because it is both legally and politically difficult to attack incorporated societies, and they usually have no assets anyway.
5. KDC have filed charging orders against the Rogans’ home in Mangawhai to cover the entire amount claimed.
6. The government and the judiciary colluded to protect councils and their creditors from any attack by ratepayers.
7. KDC have been asked to discount the amount payable in exchange for an agreement not to challenge their figures.
8. On 10 April 2020 The MRRA will actually pay whatever the final amount is.
9. The Rogans will transfer to the MRRA sufficient funds to settle.
10. All money contributed by members has been used solely to meet legal expenses incurred on matters approved by the MRRA executive.
11. Hitherto, the Rogans have contributed approximately $78,000 to the cost of this litigation.
12. As we said before, we are grateful to all of you. We were a test case, and even if we now have to sell up and move away we did what many agree was right and ethical. If anyone reading this is able to help, the MRRA account number is 38 9012 0318164 00.
Yours sincerely,
Bruce Rogan. Tel 09 4315413