CARTER HOLT HARVEY LIMITED V NORTH SHORE CITY COUNCIL CA CA78/06

CARTER HOLT HARVEY LIMITED V NORTH SHORE CITY COUNCIL CA CA78/06 26 September 2007IN THE COURT OF APPEAL OF NEW ZEALAND CA78/06 [2007] NZCA 420BETWEEN CARTER HOLT HARVEY LIMITED Appellant AND NORTH SHORE CITY COUNCIL First Respondent AND WAITAKERE CITY COUNCIL Second Respondent AND RODNEY DISTRICT COUNCIL Third Respondent Hearing: 14 June 2007 Court: Glazebrook, Wilson and Heath JJ Counsel: B R Latimour and R J Hollyman for Appellant D A Kirkpatrick and R Keenan for Respondents Judgment: 26 September 2007 at 9.30am Supplementary Judgment: 30 November 2007 at 10amSUPPLEMENTARY JUDGMENT OF THE COURT Declarations made.____________________________________________________________________REASONS OF THE COURT(Given by Wilson J) [1] In our Judgment delivered on 26 September this year, we directed counsel to confer as to the form of declarations required to give effect to that Judgment.[2] Counsel have now filed a Joint Memorandum in which they advise that the parties are in agreement that certain declarations should be made. [3] With one qualification, to which we refer at [5] below, we agree that declarations should be made accordingly. [4] We therefore make declarations that: (a) Used and unwanted paper and cardboard materials which Carter Holt Harvey Limited acquires by contract from its owner are not "waste" for the purposes of Part 31 of the Local Government Act 1974 and s 145 of the Local Government Act 2002. (b) Bylaw (North Shore City Council Bylaw 2000: Part 4) made by North Shore City Council is ultra vires and invalid insofar as it requires the licensing of the collection and transportation of used and unwanted paper and cardboard materials which Carter Holt Harvey Limited acquires by contract from the former owners of that paper. (c) Bylaw (Rodney District Council Waste Bylaw 2005) made by Rodney District Council is ultra vires and invalid insofar as it requires the licensing of the collection and transportation of used and unwanted paper and cardboard materials which Carter Holt Harvey Limited acquires by contract from the former owners of that paper. (d) Bylaw (Waitakere City Council Waste Bylaw 2005) made by Waitakere City Council is ultra vires and invalid insofar as it requires the licensing of the collection and transportation of used and unwanted paper and cardboard materials which Carter Holt Harvey Limited acquires by contract from the former owners of that paper. [5] The qualification to which we referred is that the proposed first declaration included the additional words "because the owner has not abandoned all right to ownership and all interest in the material". We have deleted these words because inour view they purport to express the reason for the declaration and should therefore not be part of it. [6] The reasons why these declarations are made are set out in our previous Judgment. They should therefore be read in the light of that Judgment.Solicitors: Bell Gully (Auckland) for Appellant Kensington Swan (Auckland) for Respondents