Auckland activist Penny Bright fails in last-ditch attempt to stop the sale of her home

Wednesday, 16 May 2018

Auckland protester Penny Bright stopped paying rates in 2007.

Auckland rates rebel Penny Bright has lost a battle to stop her home from being sold by Auckland Council.

The activist appeared at the Auckland High Court on Monday, seeking an interim injunction to stop the court-imposed sale of her Kingsland home, to recover some $34,000 in unpaid rates.

Bright was awarded a brief injunction, temporarily stopping the sale of her house in March.

Bright's bitter stand-off with Auckland Council began more than 11 years ago after she stopped paying rates in 2007, and wouldn't pay up until the council was more transparent about its spending.

In a High Court ruling released on Wednesday Justice Mathew Downs dismissed Bright's application and said the sale of her home by Auckland Council could continue.

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In March, the High Court ordered the sale of her home to recover the money owed in rates and penalties, but in late April Bright was granted an interim injunction which temporarily halted the sale.

In Wednesday's ruling Justice Downs said Bright's circumstances were of her own making.

'Ms Bright's circumstances are unfortunate. However, those in relation to the council are entirely of her own making,' he said.

'Interim relief would not be appropriate even if the threshold for relief had been crossed, which it has not. It is not open to a ratepayer to 'boycott' rates or engage in a 'rates revolt' for more than a decade and then argue statutorily envisaged consequence should not follow: no one is above the law.'

Downs pointed to other immediate relief options for Bright, most obviously paying her rates and arrears or choose to enter a postponement arrangement with the Council, he said.

Bright claimed the sale threatened her livelihood and the stress of the process had led to her health becoming compromised, she said.

Last month Bright was diagnosed with stage three ovarian cancer.