Ohakune market gardener stung by "letter of the law"

Ruapehu Bulletin, Volume 6, Issue 276, 28 February 1989, Page 7

Ohakune market gardener stung by "letter of the law"

Ohakune Market Gardener Ron Frew unsuccessfully asked the Waimarino District Council to "put on a human face" and write off a $600 rate penalty last week.

Mr and Mrs Frew were charged a 10 per cent penalty on their first half-yearly rates for 1988/89, because the instalment was paid two days late. The penalty adds up to

$600. They did not learn of the penalty until they received the demand for the second and final instalment. Mr Frew said $600

was too harsh a punishment, that it amounted to 2000 percent per annum on the six months' rates, and that not even the Inland Revenue Department was so harsh as to impose the penalty after just two days. He said the reason for the delay in paying was through a misunderstanding between him and his wife, who is a

councillor. He said they had not missed a rates payment in twenty years. Unrelenting "I feel it is council's role to measure such situations and judge whether rates are deliberately withheld or if it was a genuine mistake," said Mr Frew. "To unrelent-

ingly enforce the letter of the law is the easy option." Councillors Griffiths and Sue expressed the view that the penalty was too high, and most other councillors expressed sympathy with the Frews but were afraid that waiving the penalty would set a dangerous precedent. Cr Sue suggested waiving the penalty and charging Mr Frew an administration fee of $100. Cr Griffiths said there should be a discretionary period close to the penalty date. He also said the case was very similar to the recent one of Mr Kinnaird's, where extra uniform annual charges had been waived by the council. Mr Frew said the council could distinguish between genuine cases and deliberate late payers.

"That's what you're elected for. You've got to put a human face on Council," said Mr Frew. Cr Griffiths moved that the penalty be written off and Cr Sue

seconded the motion, but put to the vote, it was lost. Footnote: Cr Peggy Frew declared a pecuniary interest in the matter and took no part in the debate.