Key Takeaways:
- Ike Finau, a resident of Auckland, is facing a potential forced sale of his home due to unpaid rates bills dating back to 2018.
- The Auckland Council has begun the legal process to obtain judgment, which could lead to a rating sale if Finau does not contact the council about the unpaid rates.
- Finau has a history of disputes with authorities, including a decades-long battle over billboards and unpaid water rates.
- Forced rating sales are rare, with only one completed since the supercity began, and the council prefers to resolve matters through negotiation rather than court action.
Introduction to the Dispute
The Auckland Council is taking action against Ike Finau, a resident of Grey Lynn, Auckland, over unpaid rates bills that date back to 2018. According to Council group chief financial officer Ross Tucker, Finau has not paid his property’s rates bill since 2018, and staff have been unable to contact him despite repeated phone calls and door knocks. The council has begun the legal process to obtain judgment, which could eventually lead to a rating sale if Finau does not contact the council about the unpaid rates.
History of Disputes
Finau has a history of disputes with authorities that stretches back more than 20 years. In 2001, the Auckland Council ordered him to take down billboards attacking councillors because they violated a bylaw. The matter moved to court, and in December 2002, Finau was found in contempt of court for failing to comply with legal orders. Despite facing 21 days in jail, his signs remained up in his front yard. However, the council later did a U-turn, and a judge struck down the jail term, ruling that Finau and his signs were "but a pawn in a game being played out by others".
Unpaid Rates and Potential Consequences
The council currently has 161 legal proceedings under way to recover unpaid rates, involving 171 properties. However, it has been more than five years since the council forced a sale over rates. Due to privacy laws, the council cannot reveal how much money Finau owes in rates. Property records show that the home is valued at $2.73m, and the rates bill would be $7448 in the coming 2025-26 year. If Finau does not contact the council before December 18, the council will start court proceedings, which could potentially lead to the home being seized and sold 18 months from now.
Precedents for Forced Sales
Forced rating sales by the Auckland Council are exceptionally rare, with only one completed since the supercity began. That 2015 sale involved Charlotte Hareta Marsh, who lost her home after a nine-year refusal to pay rates, claiming she had instead paid a self-proclaimed sovereign authority. Other high-profile sales have been halted at the eleventh hour, including the case of activist Penny Bright, who narrowly avoided losing her Kingsland home months before her death. Bright, a friend of Finau’s, struck a deal by applying for a rates postponement, which halted the forced sale proceedings.
Conclusion and Next Steps
The council is encouraging Finau or an immediate family member to contact them to resolve the matter. According to Tucker, the council always prefers to resolve matters through negotiation rather than court action that could lead to a rating sale. The Herald visited Finau’s home, but he could not be reached for comment. The situation highlights the complexities and challenges involved in recovering unpaid rates and the potential consequences for property owners who fail to pay their rates bills. As the council moves forward with the legal process, it remains to be seen how the situation will be resolved and whether Finau will be able to avoid a forced sale of his home.