The High Court has this morning dismissed a last-ditch effort by activist Penny Bright to halt the sale of her Auckland home to recover about $69,000 in unpaid rates.
Ms Bright has refused to pay her rates for more than a decade, arguing that the council must be more accountable to their requirements under the Public Records Act 2005 before she is accountable to her responsibilities under the Local Government (Rating) Act 2002.
The council initiated proceedings to sell her home of 25 years, and she asked the High Court for interim relief while she requested a Judicial Review into the procedures leading to Auckland Council seeking to recover the rates - that request was this morning declined.
Bright, who fears she has cancer, is asking for the mortgagee sale of her home to be halted. (Source: Other)
In summary, Justice Mathew Downs said " no one is above the law".
"Ms Bright's circumstances are unfortunate.
"However, those in relation to the Council are entirely of her own making ... Interim relief would not be appropriate even if the threshold for relief had been crossed, which it has not.
"It is not open to a ratepayer to 'boycott; rates or engage in a 'rates revolt' for more than a decade and then argue statutorily envisaged consequence should not follow.
"Other immediate relief is at hand but unexercised through moral choice, not legal grievance."
Justice Down ordered that the sale of her home proceed.
Throughout the process, Ms Bright has been offered alternatives by Auckland Council including the postponement of the payment of her rates, which would have allowed her rates to have been paid after her property was sold, or in the event of her death.
Bright's home is being sold as she has refused to pay rates for over a decade. (Source: Other)
Ms Bright revealed last week that she has terminal ovarian cancer.
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