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

Gordon Campbell: On The Supermarket Scam, And On Tunisia’s Scrapping Of Democracy

Are we paying too much for our groceries? Hmm. Is the Pope a Catholic? Given that the two Australian supermarket chains that dominate our grocery industry routinely rack up profits in the order of $22 billion annually, that’s a no-brainer. Yet as with New Zealand’s other socio-economic problems created by our 1980s reforms, the practical solutions seem pretty thin on the ground... More>>

 


Government: Welcomes Draft Report On The Retail Grocery Sector

The Commerce Commission’s draft report into the retail grocery sector is being welcomed by Government as a major milestone. “I asked the Commerce Commission to look at whether this sector is as competitive as it could be and today it has released its draft report for consultation,” Commerce and Consumer Affairs Minister, David Clark said... More>>

ALSO:

Child Poverty Action Group: Poverty Burden For Children Increased Due To Government Neglect - New Report

Poverty, inequity, homelessness and food insecurity are among the burdens which increased for tamariki Māori and other children in the first year of Covid-19 - partially due to Government neglect... More>>

Government: Cabinet Accepts Turkish Authorities’ Request For The Managed Return Of Three NZ Citizens

Cabinet has agreed to the managed return of a New Zealand citizen and her two young children from Turkey, Prime Minister Jacinda Ardern announced today. The three have been in immigration detention in Turkey since crossing the border from Syria earlier this year... More>>

ALSO:


NZUS Council: Welcomes Nomination Of Senator Tom Udall As US Ambassador To NZ

The NZUS Council welcomes the nomination of Senator Tom Udall to the role of US Ambassador to New Zealand and Samoa, NZUS Council executive director Jordan Small said... More>>

BusinessNZ: Visa Extensions Welcomed
BusinessNZ has welcomed the extension of some critical skill visa durations and changes to immigration systems to speed processing. Chief Executive Kirk Hope says move acknowledges advocacy by the hospitality sector, the BusinessNZ Network and others, and comes not a moment too soon.... More>>



Social Development: Government Initiatives Contribute To Fall In Benefit Numbers

Minister for Social Development Carmel Sepuloni has welcomed the release of the June quarter Benefit Statistics which show a continuing fall in the number of people receiving a Main Benefit... More>>


 
 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels