Article for Focus re Mangawhai Residents and Ratepayers Assoc Ombudsman complaint

[Helen Curreen]

MRRA Update on the Ombudsman and ECOCARE Contributed the Focus on 30
July2010

In July last year the Mangawhai Residents and Ratepayers Association
wrote to the Kaipara District Council with a number of concerns
regarding EcoCare charges. These included changing and confusing
terminology regarding the charges, quarterly pan charges within a bi-
monthly rating system, rebates for lack of connection within
timeframes and concern that charges were being made way ahead of the
service being offered.

They responded with a clear outline of rebates for connections not
made within the quarterly timeframes. However, when members of the
MRRA failed to get resolution with Council on rebates of pan charges
where connections were not made within the stated timeframes we made a
complaint to the Ombudsman. During the Ombudsman’s investigation
process a number of other complaints were made and she requested input
from our members regarding several issues.
1. Would we want the connection fee charged in the 2008/9 ($1327.10)
year refunded?
2. What sort of interest in compensation would be expected?
We responded that the membership at this late point did not want the
2008/9 connection fee refunded (to then pay it in this current rating
year), but felt it should have been offered. We indicated we felt we
were entitled to interest to cover the holding of the connection fee
and also the 2008/9 one quarters pan charge which we were rebated
during that rating year.

Other complaints lodged with the Ombudsman and the Auditor-General
raised much wider issues about the legitimacy of the rate struck in
the 2008/9 year and the Ombudsman has written suggesting that her
investigation be passed to the Auditor-General. She suggests that it
is more efficient for just one agency to be conducting enquiries and
that our issues are likely to be included within the inquiry of the
Auditor-General’s office.

So what began as a small number of people requesting a clearly
indicated rebate for failure to connect in time has now turned into a
much bigger enquiry with the legitimacy of the council holding the
connection fee and indeed the legitimacy of striking the EcoCare rate
in the 2008/9 year in doubt.

We responded to the Ombudsman that we were concerned to improve
council process as much as anything and would await the investigation
of the Auditor-General with interest.