NORTH EASTERN INVESTMENTS LIMITED AND HERITAGE LAND LIMITED v AUCKLAND COUNCIL [2017] NZHC 2960

NORTH EASTERN INVESTMENTS LIMITED AND HERITAGE LAND LIMITED v AUCKLAND COUNCIL [2017] NZHC 2960

Leave to cross-examine Mr Liggett was refused because his evidence did not prove any disputed material fact central to whether the IHP acted unfairly, the relevant matters could be determined from the public record and the decision-maker's affidavit, Mr Liggett was not the decision-maker, and permitting cross-examination would needlessly prolong the proceedings contrary to the thresholds in Evidence Act ss 7 and 8.

Citation
[2017] NZHC 2960
Parties
Applicants: North Eastern Investments Limited and Heritage Land Limited; First Respondent: Auckland Council; Second Respondent: Independent Hearing Panel; Third Respondent: Housing New Zealand Corporation
Court
High Court
Jurisdiction
New Zealand
Judgment Date
30 November 2017
Procedural Posture
Judicial Review / Application for Leave to Cross Examine in Judicial Review Proceedings
Outcome
Application for leave to cross-examine Mr Brendon Liggett declined
Legal Topics
Leave to Cross Examine, Procedural Fairness, Summons for Evidence, Hearing Procedures, Local Government (auckland Transitional Provisions) Act 2010 Compliance
Administrative Law Natural Justice Resource Management and Planning Judicial Review Leave to Cross Examine Procedural Fairness Summons for Evidence Hearing Procedures +1 more

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Parties

North Eastern Investments Limited and Heritage Land Limited

Applicants

Auckland Council

First Respondent

Independent Hearing Panel

Second Respondent

Housing New Zealand Corporation

Third Respondent

Procedural Posture

Judicial Review / Application for Leave to Cross Examine in Judicial Review Proceedings

Legal Issues

  1. 1 Whether leave to cross-examine Mr Brendon Liggett should be granted
  2. 2 Whether the IHP's issuance of a summons without requiring witness attendance or permitting cross-examination was procedurally unfair
  3. 3 Whether the summons complied with LGATPA and related regulations

Ratio Decidendi

Leave to cross-examine Mr Liggett was refused because his evidence did not prove any disputed material fact central to whether the IHP acted unfairly, the relevant matters could be determined from the public record and the decision-maker's affidavit, Mr Liggett was not the decision-maker, and permitting cross-examination would needlessly prolong the proceedings contrary to the thresholds in Evidence Act ss 7 and 8.

Court Disposition

Application for leave to cross-examine Mr Brendon Liggett declined

Orders

  • Application for leave to cross-examine Mr Brendon Liggett is declined.
  • Costs reserved.