Local Govt | National News Video | Parliament Headlines | Politics Headlines | Search


Court of Appeal exonerates council staff

Court of Appeal exonerates council staff

The Court of Appeal has independently found claims of malice against two Auckland City Council employees were unjustified.

The charges of malice relate to a dispute between Waiheke Island property developer, Adrian Chisholm, and the council which has been before the courts several times.

The Court of Appeal last week ruled against Mr Chisholm who was appealing a High Court judge’s decision which dismissed his claim for damages against the council.

The case relates to a development Mr Chisholm proposed in 1997. Mr Chisholm claims the council thwarted his efforts to build a multi-million dollar resort on Waiheke Island, when it intended to dump septage (accumulated material from septic tanks which has to be disposed of) on the golf course adjoining the property Mr Chisholm was going to develop.

Mr Chisholm claimed the resort project became untenable and the council had caused its downfall which could not be revived.

In his decision last year, Mr Justice Chambers ruled against all of Mr Chisholm’s claims which included charges of misfeasance (abuse of power) from which the malice claims stemmed, negligence, and claims under the Bill of Rights and the Fair Trading Act.

Mr Chisholm and two companies with which he is associated, brought their appeal on the basis that Mr Justice Chambers was in error when he dismissed their claim for damages against the council.

The Court of Appeal decision dealt at length with the claim of malice against the two officers, Mr McQuillan and Mr Paterson, and found the allegations of malice were unjustified.

“Having independently considered the matter ourselves, we are of the same mind as the judge,” the Court of Appeal judgement said.

“We consider the evidence …falls well short of proof to the necessary level for a serious allegation of the present kind that either Mr McQuillan or Mr Paterson were motivated by malice against Mr Chisholm in what they did and decided.”

The Court ruled that the appellants failed on all three issues, dismissed the appeal and awarded costs of $5000 to the council.

Auckland City is still pursuing costs awarded to it from the High Court case.

© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines


Sector Opposes Bill: Local Government Bill Timeframe Extended

The Minister of Local Government Peseta Sam Lotu-Iiga has asked the Select Committee to extend the report back date for the Local Government Act 2002 Amendment Bill (No 2). More>>


Breed Laws Don’t Work: Vets On New National Dog Control Plan

It is pleasing therefore to see Louise Upston Associate Minister for Local Government calling for a comprehensive solution... However, relying on breed specific laws to manage dog aggression will not work. More>>


Not Waiting On Select Committee: Green Party Releases Medically-Assisted Dying Policy

“Adults with a terminal illness should have the right to choose a medically assisted death,” Green Party health spokesperson Kevin Hague said. “The Green Party does not support extending assisted dying to people who aren't terminally ill because we can’t be confident that this won't further marginalise the lives of people with disabilities." More>>


General Election Review: Changes To Electoral Act Introduced

More effective systems in polling places and earlier counting of advanced votes are on their way through proposed changes to our electoral laws, Justice Minister Amy Adams says. More>>

Gordon Campbell: On Our Posturing At The UN

In New York, Key basically took an old May 2 Washington Post article written by Barack Obama, recycled it back to the Americans, and still scored headlines here at home… We’ve had a double serving of this kind of comfort food. More>>


Treaty Settlements: Bills Delayed As NZ First Pulls Support

Ngāruahine, Te Atiawa and Taranaki are reeling today as they learnt that the third and final readings of each Iwi’s Historical Treaty Settlement Bills scheduled for this Friday, have been put in jeopardy by the actions of NZ First. More>>


Gordon Campbell: On The Damage De-Regulation Is Doing To Fisheries And Education, Plus Kate Tempest

Our faith in the benign workings of the market – and of the light-handed regulation that goes with it – has had a body count. Back in 1992, the free market friendly Health Safety and Employment Act gutted the labour inspectorate and turned forestry, mining and other workplace sites into death traps, long before the Pike River disaster. More>>

Get More From Scoop



Search Scoop  
Powered by Vodafone
NZ independent news