Meeting To Be Held - Norfolk Island Land Rates

As stated in Orders in Council Norfolk Island is a British possession and is not part of Australia.

Land rates charged by a Council are a concern to many locally, as well as across Australia. Individuals and communities are raising objections which often go ignored.

Objections are mainly focused on the land valuation, the rating model, the % increase, or the services provided in exchange for the tax. An increasing number of people are now questioning the legitimacy of the land tax and may be other debts which relates to whether the Norfolk Island Regional Council (NIRC) can lawfully impose a tax.

FACT: Rates are an Australian Tax, as laid down by the ATO and the High Court of Australia. Only the Federal Government is empowered to collect taxes. So, where in the Australian Constitution is the lawful instrument which allows the Commonwealth Government to empower a private corporation to levy taxes?

Why is this important? Because unless your rates notice comes from the Federal Government, you are likely receiving a bill from a private registered business or corporate entity who are not empowered under the Australian Constitution to levy taxes. However, if you agree to contract with them by your own consent – by paying the notice - you will be bound to pay them indefinitely for that contract.

In 2018 a man on this island detached his property from NIRC’s rates system by using a lawful process to offer a counter contract with Council on his terms. NIRC failed to prove he owed the rates.

If you are concerned about your rate notice, concerned about NIRC, what the community’s money is really being used for and how much say you have as a man or woman – feel free to join others ready to turn their back on the corporate system and use the law wisely to create a just and self-determined way forward for ours and future generations. The 22/23 rate notices have been sent with the 1^st instalment due 18 August 2022.

Research with the assistance of constitutional experts has provided a solid foundation to move forward with. For those who may be interested in being part of this momentum you are encouraged to attend an information session and open discussion about how to use the available options.

The information session is to be held Sunday 14 August 2022 at 3pm Attendance is by registration, please email myseisland@protonmail.com

Brief explanation:

The imposition of a 39% rate increase in land rates is causing considerable distress, not only for landowners but for renters as costs are passed on. The impact on the local economy could be devastating and real threat, people may be forced to sell their land and move off island.

There can be “no taxation without representation”. Norfolk Island’s “de jure” Legislative Assembly was “replaced” in 2016 by the Norfolk Island Regional Council (NIRC). The council now has no elected Councillors.

NIRC trades under a registered trading name and has several registered business names. On ABN Look Up NIRC is a registered as "other incorporated entity", "a branch of an overseas company not incorporated in Australia". NSW councils are classed as a “Local Govt Entity". All councils in Australia are not government [NSW Court of Appeal decision in Sydney City Council v Reid 1994].

Municipal institutions are mentioned in the Commonwealth Constitution, but only as a department of the State Government and not as a third tier of government. This means that, like other departments, such as the Health Department and the Education Department, they are subject to limitations. In 1988 the Commonwealth Government proposed a law to alter the Commonwealth Constitution to recognise Local Councils as Local Government. However, the referendum did not pass. The Federal Government had a responsibility to ensure that Local Councils were not recognised and/or given authority to act as a de-facto third tier of Government.

Rates are an Australian Tax, as laid down by the ATO and the High Court of Australia.

So - Where is the lawful instrument in the Constitution which allows the Commonwealth Government to empower a private corporation to levy taxes?

Recently in a letter handed to Minister Kristy McBain and published in the Norfolk Islander critical questions were asked including for the enumerated head of power in the Constitution Act 1901 which allows for the creation of a local govt by the Commonwealth on Norfolk Island, when the provision for local government is a State power only.

No clarifying response to the letter has been received. We await the Minister’s response.

For NIRC a Trading corporation there must be a wet ink contract between parties, signifying mutually beneficial terms that are agreed to without resorting to coercion and intimidation. Under commercial contract law a consent to contract is always voluntary.

If you are concerned about your rates, the stand over power of NIRC and are interested in seeing how to lawfully consent/or non consent to an offer of a commercial contract, feel free to join others in using law wisely to create a just and self-determined way forward for ours and future generations.

As stated in Orders in Council Norfolk Island is a British possession and is not part of Australia.

Please Note Disclaimer: We take no responsibility for how anyone acts on this information and we recommend you do your own research and investigation. Everyone is responsible for their own thoughts, decisions, and actions