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

 


Chief Executive apologises over prosecutions

MEDIA RELEASE

Chief Executive apologises over prosecutions

14 MAY, 2014

Council Chief Executive Pat Dougherty has apologised to the McLeaveys and Monkeyman Tree Services for distress caused over their prosecution for damaging native trees on two Ōtaki properties.

Mr Dougherty told councillors at a scheduled meeting this morning that Council is advising the Crown Solicitor that it considers the charges against Monkeyman Services should be withdrawn. He said there were two reasons for this decision.

“Yesterday the judge considered the McLeavey case and decided the offending was on the trivial end of the scale and it did not justify prosecution. We also heard yesterday that Monkeyman Tree Services had elected a jury trial. Given the potential cost of that hearing, and the judge’s comments, the decision was made last night to advise the Crown Solicitor of Council’s view.”

Mr Dougherty says he had defended the decision to prosecute over the incident on two Ōtaki properties because he was advised there was sufficient evidence and the case was sound.

“Our senior planning staff had been out to the site. We had a consultant ecologist go to the site and we had external legal advice. The advice was that there was a significant enough breach of the District Plan rules to justify a prosecution. What we will now have to do is investigate how that advice was so different from the judge’s view.”

Mr Dougherty told the meeting a respected QC has been asked to undertake a full review of Council processes and the quality of professional advice it received. He said it needs to be acknowledged that the Judge’s comments effectively mean that Council must now review the threshold at which a prosecution is likely to succeed.


ENDS

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

Parliament Today:

Werewolf: The Defence Pretence

Last year, the world began spending more money on weapons again, for the first time since 2011... New Zealand belongs to a region – Asia and Oceania – where military spending rose sharply in 2015, by 5.4 per cent. More>>

ALSO:

Gordon Campbell: On Not Crying Foul, Argentina

So a couple of guys found to be criminally liable of environmental pollution in Argentina lodge an application with the Overseas Investment Office… in order to buy some prime New Zealand rural land. Seems that their factory back home had carelessly and/or intentionally discharged toxic waste into the Lujan river. Bummer... More>>

ALSO:

Urban & Rural: $303m To Merge And Modernise New Zealand’s Fire Services

Internal Affairs Minister Peter Dunne today announced funding of $303 million over five years to combine urban and rural fire services into one organisation from mid-2017. More>>

ALSO:

High Trust Regime: What Did The PM Tell His Lawyer About Foreign Trusts?

The Government stopped the IRD from reviewing New Zealand foreign trusts shortly after the Prime Minister’s lawyer wrote to the Revenue Minister claiming John Key had promised him the regime would not be changed. More>>

ALSO:

Road Crime: Wicked Campers Vans Classified As Objectionable

The definition of publication includes any "thing that has printed or impressed upon it, or otherwise shown upon it, 1 or more (or a combination of 1 or more) images, representations, signs, statements, or words", The Classification Office has previously classified such 'things' as billboards, t-shirts, and even a drink can. This is the first time the Classification Office has classified a vehicle. More>>

ALSO:

'When New' Repairs: Landmark EQC Settlement

The Earthquake Commission has cut a deal with 98 Canterbury homeowners that affirms the government entity's responsibility to repair earthquake-damaged property to a 'when new' state, as well as covering repairs for undamaged parts of a property and clarifying its position on cash settlement calculations. More>>

ALSO:

Gordon Campbell: On Kiwirail’s Latest Stint In The Dogbox

The denigration of Kiwirail continues. The latest review (based on a 2014 assessment) of the options facing the company have enabled Kiwirail to be hung out to dry once again as a liability and burden on the taxpayer. More>>

ALSO:

Royal Society Report: Good Opportunities To Act Now On Climate Change

There are many actions New Zealand can and should take now to reduce the threat of climate change and transition to a low-carbon economy, a report released today by the Royal Society of New Zealand finds... More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Regional
Search Scoop  
 
 
Powered by Vodafone
NZ independent news