Posted on 25-7-2003

Open Letter To ARC

Where does the Local Govt (Rating) Act 2002 require the ARC to rate directly?

24 July 2003

In your email today you stated: "The requirement of the ARC to assess
rates directly, rather than collecting rates through the constituent local
authorities, is a consequence of the Local Government (Rating) Act
2002." "There has been no decision (requiring consultation) by the ARC
itself to direct rate - the ARC was simply obliged to do so as a
consequence of the new legislation."

I've had a quick look through the Local Government (Rating) Act 2002
myself, and have failed to find the particular section which makes it
mandatory for the ARC to collect rates directly, and separately from local
authorities. Assessing rates directly is surely quite a different matter
from collecting rates directly.

Can you please direct me to the exact section of the Local Government
(Rating) Act 2002, which makes it mandatory (ie: a requirement) for the ARC
to collect rate directly, and separately from local authorities? For
ratepayers not to have been consulted on whether or not we wanted to pay
ARC rates separately and directly to the ARC, seems, in my considered
opinion, to be in direct breach of Section 3 (b) of the Local Government
(Rating) Act 2002, which clearly states: "Local Government (Rating) Act
2002 006

1: Preliminary and key provisions

3 Purpose

The purpose of this Act is to promote the purposes of local government set
out in the Local Government Act 1974 by---

(a) providing local authorities with flexible powers to set, assess, and
collect rates to fund local government activities:

(b) ensuring that rates are set in accordance with decisions that are made
in a transparent and consultative manner:

(c) providing for processes and information to enable ratepayers to
identify and understand their liability for rates."

Thanking you in anticipation of your prompt reply to this matter which is
obviously of considerable concern to thousands of citizens and ratepayers
throughout the Auckland region.

Penny Bright, Media Spokesperson, Water Pressure Group (Auckland), Ph (09)
846 9825

25 July 2003

Reply from Wellington Regional Councillor Hugh Barr confirming that there
is NO requirement for Regional Councils to rate directly! (Circulated on
the "Taking Control" email list)
_______________________________________________________

Penny. You are correct. There is no requirement that Regional councils have
to rate directly. An example is the Wellington Regional Council, on which I
am a councillor. WRC is the second largest regional council in income and
turnover, after Auckland.

Wellington RC has continued to have its rates demands sent out with the
associated district or city council. The only requirement I can recall from
the new local Govt Act is that the rates demand must be on a separate
sheet of paper. This does NOT require separate mailings.

Best Regards Hugh Barr, Councillor, Wellington Regional Council.

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