PARLANE V WAIPA DISTRICT COUNCIL CA CA319/05

PARLANE V WAIPA DISTRICT COUNCIL CA CA319/05 7 December 2005IN THE COURT OF APPEAL OF NEW ZEALAND CA319/05BETWEEN JAMES CHARLES MORRIS PARLANE Applicant AND WAIPA DISTRICT COUNCIL Respondent Hearing: 5 December 2005 Court: Anderson P, Glazebrook and Hammond JJ Counsel: P F Gorringe for Applicant C T Gudsell for Respondent Judgment: 7 December 2005JUDGMENT OF THE COURT 1 The application for special leave to appeal is granted, on this question: Whether the High Court Judge was correct in proceeding, under s 7 of the Bylaws Act 1910, to sever cl 2 of the relevant bylaw, as to lighting of fires, by deleting cl 2(a) in its entirety. 2 Applicant to have $1,500 costs and usual disbursements on this application. REASONS(Given by Hammond J)Introduction[1] This is an application for special leave to appeal under s 144 of the Summary Proceedings Act 1957. [2] We are satisfied that the proposed appeal raises a question of law, which we formulate in these terms: Whether the High Court Judge was correct in proceeding, under s 7 of the Bylaws Act 1910, to sever cl 2 of the relevant bylaw as to lighting of fires, by deleting cl 2(a) in its entirety. [3] We are satisfied that this question is one which, by reason of its general and public importance, is one which ought to be submitted for the determination of this Court. [4] The applicant will have costs of $1,500 and usual disbursements, on this application.Solicitors: J C M Parlane, Te Awamutu for Applicant Gallie Miles, Te Awamutu for Respondent