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Tasman District Council v Hellyer [2024] NZDC 9781

Published 12 July 2024

Unpaid rates — application for strikeout — Local Government (Rating) Act 2002, ss 12 & 57 — District Court Rules 2014, rr 5.50 & 15.1. The plaintiff submitted that the defendants had failed to pay rates owing, and sought judgment of $2692.17. The defendants filed a counterclaim, which they said was also a defence. They stated that they were willing to pay some of the rates, but that they would only pay the full amount if the plaintiff engaged them in dialogue. The plaintiffs said that they wanted to explain to the plaintiff why they had not paid the full amount. The Court found that the plaintiff had the power to set, assess and collect rates; that the defendants were property owners; and that the defendants had not paid the amount owing. There was no viable defence nor a cause of action in the defendants' counterclaim. The Court struck out the defence and counterclaim, and entered judgment to the plaintiffs in $2692.17. Judgment Date: 2 May 2024

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