Gerard van den Bogaart who is being taken to court by Auckland Council for refusing to pay more than $50,000 in rates. He has filed counter claim alleging negligence. Photo / Dean Purcell
Gerard van den Bogaart who is being taken to court by Auckland Council for refusing to pay more than $50,000 in rates. He has filed counter claim alleging negligence. Photo / Dean Purcell
Auckland Council is taking legal action against the owner of a defunct South Auckland chicken farm who is refusing to pay more than $50,000 in rates.
But the man, who has not made a payment in eight years, has filed a counter claim against the council alleging negligence and breachof the Local Government Act.
Gerard van den Bogaart, 62, says his rates are unjustified. He's demanding to know what council services he actually receives on the Pukekohe land before handing over any money.
"I don't give a sh*t if it's a million in rates, I'm not going to pay those f*****s in Auckland a cent."
The Herald revealed last week that the council has also applied to the High Court to forcibly sell a Howick man's home over an outstanding rates bill.
But after the Herald's coverage, the former builder, who had made no payments in seven years, is now understood to have reached an agreement with the council.
The Herald has fought for months for information on the council's rates arrears cases. It refused to release details on privacy grounds but the Herald was finally granted access to court documents earlier this month.
They show van den Bogaart has "failed, refused or neglected" to pay the outstanding balance on his Logan Rd property since July 2012.
The council sought a court judgment against him for the outstanding amount, which stood at $42,643.79 in May last year.
It is refusing to say how much van den Bogaart now owes, but van den Bogaart believes the amount is now well north of $50,000 due to penalty interest.
The council filed proceeding in the district court against van den Bogaart in 2017. But he filed a counter claim, arguing the council had failed to provide an "itemised breakdown" specifying what assets and services he received in exchange for his rates.
Among other claims, he argued the property did not have a house, rubbish collection or potable water supply, and that the land had been rezoned by the council, undermining its value.
"It is not clear what council services, if any, are being provided to justify the rates allegedly to be paid," a July 2019 statement says.
He is claiming costs, damages and the reversal of penalty interest.
Van den Bogaart told the Herald the 2.3ha property had been derelict for 10 years, used no council services and was not generating any income.
"There's no house, no residence and nobody living on the property. I want to know what the property is being rated for.
"They're collecting money off something that doesn't exist."
He said the situation was "totally unfair". He was taking the stand not simply for himself, but for all ratepayers who were charged unfairly for non existent council services.
"I'm not paying rates if it's going into a slush fund for Auckland City."
Nearly 30,000 errant Auckland ratepayers collectively owe more than $35 million. Photo / File
In response, the council said all rates assessments and invoices met legal requirements and it was not required to provide a breakdown in the form demanded by van den Bogaart.
"The purpose of rates is to fund local government activities and rates are not set in relation to actual services provided to a particular property."
It denied suggestions it had "secretly" changed the property's zoning or that this had caused van den Bogaart economic loss.
The council had tried working with van den Bogaart to get his rates arrears paid since 2012, suggesting various options to resolve the matter.
The case had been adjourned but is due back in Auckland District Court later this year.
Meanwhile, the council's attempt to forcibly sell a Howick man's home over thousands of dollars in unpaid rates appears to have ended.
The Herald revealed last week that the council had applied to the High Court for a ratings sale.
The former builder who is now on the dole said he was unable to pay, labelling the attempt "ruthless" and vowing to stay put if officials tried to evict him.
The council refused to say how much he owed, though the man estimated it was now more than $25,000.
In a statement, the council said the matter had been resolved since the Herald's story last week.
The man, who cannot be named for legal reasons, could not be reached.
