Whangarei District Council has spent more than $28,803 in an attempt to get rid of a rusting truck now worth $1500, that it seized two years ago for displaying advertising signs on a public road.
According to the Northern Advocate, Magic Tyres and Mags owner Brian May went to court after the council impounded his Isuzu truck in January 2013 from outside his previous business premises on Okara Drive for displaying advertising signs which the council says were a breach of local bylaws.
The district council did not make an order for the truck’s disposal but ruled in June 2014 that it was parked in a public place in breach of the council’s signs bylaw 2005.
In November May wrote to the council to seek information on how much it had spent on costs, including legal fees, as well as storage and towing costs.
Council’s legal counsel released the figures for the case which showed combined legal fees charged of $19,168, while storage amounted to $9255 and a further $380 for towing the truck twice.
The district council also paid for a lawyers travel cost to and from Whangarei airport as well as a rental vehicle but it refused to provide a breakdown of costs claiming it would unreasonably prejudice the commercial position of it’s solicitors.
However, May has the right to complain to the Ombudsman says the Northern Advocate
May is now claiming $13,800 from the district council through the disputes tribunal for the reduction of the value of his truck, which he says deteriorated badly while in council’s possession. The case will be heard on March 18.
“The whole episode is a total sham. Council is too busy chasing businesspeople that stand up against them,” says May.
The council’s district living group manager Paul Dell says its the first time in the past seven years that council had to impound a vehicle due to an ongoing breach of signage bylaws and non-cooperation by the offender.
“We did not in fact have to return the vehicle, and could have sold it. We chose to return it,” says Dell.
Dell says the issue was not about the value of the truck but the continual breach of the council’s signage bylaw.
He says that issues over the use of the truck as a sign had gone on for a long time and involved a number of complaints from other businesses, and the council was expected to take action to uphold the signage rules and it did.
“Unfortunately in this case there were significant legal costs,” says Dell.
