Cuff v Rangitikei District Council
[2025] NZHC 2812
•26 September 2025
IN THE HIGH COURT OF NEW ZEALAND WHANGANUI REGISTRY
I TE KŌTI MATUA O AOTEAROA WHANGANUI ROHE
CIV-2024-083-03
[2025] NZHC 2812
BETWEEN RUSSELL CUFF AND JULIE HAYWARD
Applicants
AND
RANGITIKEI DISTRICT COUNCIL AND HORIZONS REGIONAL COUNCIL
Respondents
Hearing: On the Papers Counsel:
D Goodlet and S J Burlace for Applicants
Judgment:
26 September 2025
JUDGMENT OF McQUEEN J
[1] Russell Cuff and Julie Hayward apply for the release of funds following the sale of their home which was ordered in respect of unpaid rates due to the Rangitikei District Council and the Horizons Regional Council. Such an application is contemplated by s 76(2) of the Local Government (Rating) Act 2002.
[2] Mr Cuff explains in his supporting affidavit that on 14 August 2025 their home burned to the ground as a result of a chimney fire. Fortunately, Mr Cuff and his whānau escaped from the fire without loss of life. The family home was completely destroyed. Mr Cuff explains that he and Ms Hayward are living in supported accommodation with the assistance of the Ministry of Social Development. They seek urgent release of the funds held by the Public Trust so they can purchase a caravan to live in.
[3] All parties consent to the order sought being made on a without notice basis and on the papers.
CUFF AND HAYWARD v RANGITIKEI DISTRICT COUNCIL AND HORIZONS REGIONAL COUNCIL [2025] NZHC 2812 [26 September 2025]
[4] I am satisfied that this application is appropriately made without notice to any other party and that the order for release of funds should be made.
[5]Accordingly I make the following order:
(a)The funds being held by the Public Trust from the sale of the property at 33 Whangaehu Village Road, Whangaehu, Whanganui Certificate of Title WN 538/99 are to be released and equally paid to Russell Colin Cuff and Julie Katherine Hayward under s 76(2) of the Local Government (Rating) Act 2002.
McQueen J
Solicitors:
Debbie Goodlet, Solicitors, Whanganui for Applicants
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