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Christchurch City Council v Pickering [2017] NZDC 13710

Published 21 August 2017

Reserved judgment — application for summary judgment — unpaid rates — Christchurch earthquake. The plaintiff council sought summary judgment against the defendant for unpaid rates and penalties levied against his property from 2011 to 2016. The defendant took issue with the way that the plaintiff dealt with his grievances claiming that they neglected to deal with them promptly and appropriately. The court found that these grievances did not give rise to an arguable defence. The court found that Environment Canterbury could not delegate the power to recover unpaid rates to another local authority, and that the application for summary judgment in respect of those rates was refused. In respect of the remaining claim for rates, the court found that arguments that the defendant had not applied for earthquake remission relief; that the defendant's property had been lawfully levied and that the fairness of that levy was not within the court's jurisdiction to determine; and that the defendant's claim that the plaintiff had been negligent did not disclose a recognisable defence. The court found that the plaintiff was entitled to recover the rates sought less the rates that it had sought on behalf of Environment Canterbury; and costs on a 2B basis. Judgment Date: 27 June 2017.

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