Waipa District Council v Electricity Corporation of New Zealand - [1992] 3 NZLR 298

Practice and procedure — Summary judgment — Debt for rates due and owing — Defence raising question of validity of rate as a whole — Defence barred by statute — Separate proceedings challenging validity of rate — Whether discretion should be exercised to refuse application for summary judgment.

Local government — Rating — Action to recover rate due and owing — Defence challenging validity of rate — Defence barred by statute — Separate proceedings issued challenging validity of rate — Availability of summary judgment — Rating Powers Act 1988, s 138.