Howick Ratepayers and Residents Assn
Dec 19, 2016
Our latest legal bill has soared. This means we are desperate for funds to make up a huge shortfall amounting to thousands of dollars extra needed. Without extra contributions form supporters we cannot continue this fight and our views may be lost for ever.
Here is our barrister's view
"As you know the decision of Justice Whata will not now be delivered until February next year. Apart from the information requested of the parties subsequent to the hearing, the Judge also directed the Independent Hearings Panel to advise in writing the submissions it relied upon in respect of the Panel’s zoning recommendations. Clearly the Judge is looking to have all of the facts before him before writing a decision.
We did receive a positive response from the Judge to our written submissions on the final day of the hearing. That said, it was a complex case and clearly the Judge has much to consider. As it is a test case, the Judge will be issuing a decision as to whether the approach taken by the Independent Hearings Panel was correct in law on the question of scope. The decision will determine the future course of the individual High Court appeals and applications for judicial review. If his test case decision is favourable to the Association then there must be a good prospect that we would avoid the need for any further hearing before the High Court. The Judge would then need to decide whether the matter should be referred back to the Panel for their consideration, or alternatively sent to the Council with a ruling that the Panel recommendation was made without scope. If he adopts the latter course it will be for the Council to decide whether it wished to maintain its original zoning decision, or revert to the Single House zone in respect of the properties in question.