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Timaru District mayor Nigel Bowen said property rights are ‘’absolutely fundamental’’ in New Zealand. (File photo)
In a bid to defend “fundamental property rights” three district councils are taking property issues relating to the Government’s contentious Three Waters reforms to the High Court.
Timaru, Waimakariri and Whangārei district councils will ask the High Court for declarations, and legal clarity, on the rights and interests that property ownership entails under the proposed Three Waters entities, as, in their view, the proposals are taking council-owned property without conceding that it is a “taking”, and “without fair compensation being paid to communities for their property’’.
In April, it was confirmed the Three Waters reforms will go ahead with local councils taking non-financial shareholdings in four new public water entities.
However, mayors Nigel Bowen (Timaru District), Dan Gordon (Waimakariri District) and Sheryl Mai (Whangārei) said, on Friday, they were taking the action on behalf of their communities, as they contend that the Government’s actions are incompatible with “long-standing and fundamental laws around property ownership and democratic accountability’’.
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Additionally, they said the Government’s proposals remove local democratic accountability associated with the management of those water assets.
They are being represented by barrister Jack Hodder QC, with the hearing dates set down for June 7 and 8 in the Wellington High Court.
Bowen said the case was ‘’far bigger’’ than just Three Waters as it could have serious ramifications for owners of any property.
“Property rights are absolutely fundamental in New Zealand,” Bowen said.
Joseph Johnson/Stuff
Waimakariri District mayor Dan Gordon will join Nigel Bowen and Whangārei District mayor Sheryl Mai at the hearing on June 7 and 8 in the Wellington High Court. (File photo)
“If you’ve bought and paid for something you should have reasonable control over it, and a legitimate expectation that it will not be expropriated without compensation.
“As owners on behalf of the community of this critical infrastructure we want to ensure that any future changes respect these basic rights.”
Bowen said while the Three Waters reform prompted this action, what they are talking about concerns some really “basic and fundamental rights” that most people ordinarily take for granted and normally wouldn’t be up for discussion, or even be a source of contention.
“The fact the Government are seeking to undermine basic property rights sets a risky precedent for New Zealand,” Bowen said.
TANIA WHYTE/Supplied
Whangārei District mayor Sheryl Mai. (File photo)
“We don’t believe that concepts such as collective ownership with no control of assets and ‘shares’ that don’t deliver any of the usual rights or obligations that go with equity ownership, are in line with existing property rights and laws.
“If this goes unchallenged the simple line to draw is that if the Government can single-handedly redefine ownership of three waters infrastructure in this manner, then where else could it apply these concepts? Could roads or port companies be next?”.
Bowen said the fact the Government is working hard todismiss the case and undermine these basic property rights should be a red flag and a real concern for all New Zealanders.
