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

 

Significant Breakthrough In Sludgegate Saga

PRESS RELEASE RE: SLUDGEGATE 11.04.01

SIGNIFICANT BREAKTHROUGH IN SLUDGEGATE SAGA

Chief Justice Sian Elias has delivered a ground-breaking letter to Waiheke Island property developer Adrian Chisholm, opening the way for him to appeal a High Court Judge’s decision last year.

The judge refused Chisholm leave to go to the Court of Appeal in his attempt to reveal a "secret" document in his courtroom battle against Auckland City Council’s abuse of power.

The Chief Justice has broken new ground with her advice. It has generally been regarded that High Court Judges have the final word on appeals to the Court of Appeal and that these decisions could not be appealed.

Chisholm took the Auckland City Council to court late last year over what he claimed was interference and abuse of power by the Council, preventing him building an up-market lodge on Waiheke Island. Chisholm alleged that the Council's sewerage dump on a public reserve two metres from his site consequently lead to the project being cancelled. During the trial, for which a final decision has not yet been brough,t down a "secret" document was uncovered that Chisholm said conclusively proved deliberate misfeasance by the Council. The Council’s legal advisors claimed solicitor/client privilege for the document – and Chisholm claimed the fraud exception to the privilege.

When Chisholm sought leave of the High Court to appeal to the Court of Appeal, Justice Williams refused.

Chisholm said today that he had been bewildered by Justice Williams’ decision. "I couldn’t believe that a Kiwi battler could be turned down on a right to go to the Court of Appeal on something that was so critical to proving my allegations", Chisholm claimed today.

The offending document was tabled in Parliament by ACT MP Owen Jennings following allegations he made about Auckland City Council staff abusing powers and responsibilities under various statutes. Chisholm then wrote to the newly created office of the Judicial Complaints Lay Observer, headed by Sir John Robertson. This office in turn referred the complaint to the Chief Justice who finally agreed that Chisholm could take his appeal on the decision whether he could go to the Court of Appeal.

"Its been a long hard battle for justice," Chisholm said.

"We are so close to proving my case against the Council. Getting access to the Council document will be a final nail in the Council’s coffin.

"I hope that this revelation will lead to the Judge who heard my case against the Council delaying his decision. I have waited four months now. Waiting a little longer to get these appeals underway will be worth it if I can win in the Court of Appeal and get the document before the trial judge for the first time," Chisholm concluded.

Contact Details: Adrian Chisholm: (09) 2381266,

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Whakaari / White Island Eruption: Body recovery operation

Six bodies have been successfully recovered from Whakaari / White Island... More>>

Police Update: Plan To Recover Bodies
"I can now confirm that we are finalising a plan to recover the bodies from Whakaari / White Island tomorrow morning. Families will be briefed on the operation at 4.30pm and Deputy Commissioner Mike Clement will speak with media in Whakatane." More>>

 
 

Gordon Campbell: On Welfare Vs Infrastructure Spending

If New Zealand has a pressing need to stimulate its flagging economy, it seems very weird that the government is choosing a $12 billion package of infrastructure spending – mainly on road and rail – that by definition, will take a very long time to deliver their stimulatory benefits ... More>>

New Reports: "Immediate Commitment To Doing Justice Differently"

Justice Minister Andrew Little released two reports today, Turuki! Turuki! from Te Uepū Hāpai I te Ora, and Te Tangi o te Manawanui: Recommendations for Reform from the Chief Victims Advisor. Both recommend a fresh approach to the way criminal justice has been approached... More>>

ALSO:

"Heart-Breaking And Confronting": Surgical Mesh Restorative Justice Report

Minister Genter: “People have talked about losing the life they had enjoyed before surgical mesh harmed them – the loss of a steady job, the ability to exercise, a loving relationship in some cases. Others described the chronic pain they experienced..." More>>

ALSO:

Law Foundation: Government Decryption Powers Must Respect Privacy

The power of government to order users and companies to decrypt encrypted data and devices needs stronger privacy protections and additional safeguards, according to a study published by researchers at the University of Waikato. More>>

Latest 'Discussion Doc': National On Healthcare

National has today released our eighth Discussion Document which focusses on health and outlines a range of policies which will enable more Kiwis to access high-quality healthcare, Leader of the Opposition Simon Bridges says. More>>

ALSO:

Select Committee Report: Combatting Foreign Election Interference

MPs have finally delivered their recommendations to combat foreign interference in elections in a long awaited and much delayed report. More>>

Mosque Attacks: Names Of Arresting Officers Released

Police are now in the position to name the two officers involved in the arrest of the alleged gunman responsible for the attacks on the Al Noor and Linwood Mosques on March 15. More>>

Big, Bold, Permanent Change Needed: Children's Commissioner On 2019 Child Poverty Monitor

“I want to see family incomes dramatically raised by increasing benefits and making the minimum wage a living wage. And the Government needs to move much faster at increasing the supply of social housing..." More>>

ALSO:

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 


 

InfoPages News Channels