It is therefore clear beyond any doubt that the KDC breached the requirements of the LGRA.

Transcription

1

2 On the basis that the invoices were posted on 31 July That means that delivery was deemed to take place on 7 August. As delivery must be 14 days before the due date, the 14 day period runs from 8 to 21 August. So the earliest due date is 22 August. Accordingly the due date for payment of 21 August 2018 in the rates invoices was legally defective. It is therefore clear beyond any doubt that the KDC breached the requirements of the LGRA. A couple of comments: The invoices were according to your advice lodged with the Post Office on 31 July. There is no proof that they were posted on that date. What NZ POST says about delivery times is completely irrelevant. The KDC is a local authority and is bound to comply with the requirements of the LGRA. You state in your reply that: We don t believe that we have acted unlawfully. What the chief executive and his staff believe is irrelevant. You broke the law and used feeble arguments to try and justify that. I asked in my earlier LGOIMA requested why the rates invoices were not sent out earlier. Usually they are sent out a month before the due date, no doubt so that there are no issues of late delivery. You have refused to supply an answer. Again, I ask why the delay? Ratepayers throughout the district have been hugely concerned at both the massive increase in rates and the delay in sending out invoices. The least you can do is front up with a bit of honesty and explain what went wrong. And an apology would not go amiss. As a further request could you please advise if any ratepayers with a due date of 21 August 2018 have been charged a penalty for failing to pay by the due date. Thanks for your help. Clive From: Administration Requests Sent: Monday, September 10, :25 AM To: Clive Cc: Administration Requests Subject: RE: Late delivery of rates invoices LGOIMA Hi Mr Boonham For clarification all invoices other than those specifically identified were lodged with the Post Office on 31 July. Those ratepayers that were required to be given a different due date (due to the delay in getting their invoices delivered) were notified. We don t believe we have acted unlawfully and have answered your LGOIMA request in our previous . Regards Linda 2

3

4

5

6 49 Late delivery of rates invoice If the rates invoice is not delivered at least 14 days before the due date, the rates payment is not due until 14 days after the rates invoice has been delivered to the ratepayer of the rating unit. That is all very well, but the KDC and NRC do not know when the rates were delivered. To comply with the LGRA there is only one way out of the impasse. The KDC and NRC need to write to every ratepayer apologising for the errors and advising that there is new due date for payment of the first instalment. The date must be 21 days after the last rates invoice is posted out. Ratepayers also need to be assured that penalties will not be added if payment is not made by 20 August. If you are interested in the distress that you have caused to ratepayers then I suggest that you read the posts on: and and peech%20page LGOIMA request Could you please advise the reason why the rates invoices were not sent out to meet the requirements of the legislation. Clive Boonham 6