Whangarei District Council joins Timaru and Waimakariri’s appeal against Three Waters

The Timaru and Waimakariri districts’ appeal against the Government’s Three Waters plan have been joined by the Whangarei District Council.

Timaru, Waimakariri and Whāngarei District Councils had asked the High Court in 2021 for declarations on the rights and interests that property ownership entails.

While the declarations were refused, the High Court judgment confirmed the Government’s Three Waters plan was expropriating councils’ Three Water assets and that the decision to pay compensation rested with Parliament, a media release on Friday from the Timaru District Council said.

Whangarei mayor Vince Cocurullo confirmed his council’s “fight is not over” to retain council ownership of Three Waters assets, following a resolution on Thursday for the council to join Timaru and Waimakariri in their appeal.

“In November 2021, we joined with Timaru District Council and Waimakariri District Council to file a High Court application seeking clarification of what ownership means in relation to their ratepayer-funded water assets.

“Then, in December 2021, our council, Kaipara and the Far North District Councils joined Communities 4 Local Democracy – He hapori mō te Manapori, a group of 30 councils who banded together to express serious concerns about the Government’s proposed Three Waters reforms.

“Our frustration lies in the lack of compensation being offered,” Cocurullo said.

“These assets have been bought and paid for by the residents of our district. We’ve spent more than $120 million on our storm water, wastewater and drinking water assets just in the past 10 years, and our current Three Waters asset register adds up to more than $1.4 billion.”

Timaru District mayor Nigel Bowen said it was important that the High Court’s judgment received further scrutiny, particularly as the Government was moving at speed to pass the legislation before the election.

“The government is working to get this through Parliament as quickly as possible with the minimum public scrutiny rather than seeking any kind of real mandate from the electorate,” Bowen said.

“It’s more important now than ever that these fundamental questions of ownership are given the scrutiny that they require.

“A government redefining the very concept of ownership through a rushed legislative process sets a worrying precedent for other community assets.

“Our councils, supported by others throughout the country, feel it’s important that the many legal questions around these reforms are properly addressed before billions of dollars of assets are confiscated from communities.”

Waimakariri mayor Dan Gordon welcomed Whāngarei’s joining.

“The potential ramifications of this rushed legislation are huge, and we’re thankful to see other councils, like Whāngarei, who are willing to push back,” Gordon said.