Judge Rules in Council's Favour over Waitara Leasehold Land

The High Court today ruled in New Plymouth District Council’s favour over long-running claims made against the council by individual Waitara leaseholders.

Justice Cooper gave judgment for the council in each of six test cases under consideration.

Simply put, the judge found that none of the cases could have succeeded if they were to go to a full trial. The judge also found that the council had not acted in any way that could be said to have been likely to mislead the leaseholders.

Mayor Peter Tennent hopes that this judgment, together with the Court of Appeal's March 2007 decision in favour of the council in earlier litigation brought by the Waitara Leaseholders Association, will bring the matter to an end.

“Back in March 2004 the duly elected representatives of this community made a decision after extensive consultation. Robust legal advice was taken throughout that process. During that process, a number of parties made it clear on all sides of the issue that if the result didn’t go their way, they would take legal action.

“That is of course their legal right. However, challenges to the council decision have been time consuming and at some considerable cost. It is pleasing that not only has this matter been resolved but that a significant amount of the cost to this community is to be reimbursed.

“This has been a long and difficult process. I am hopeful that we can all now move on and put this behind us.

“The council’s March 2004 decision to offer the Waitara leasehold lands for sale to the Crown at full market value, for use in its treaty settlement with Te Atiawa, still stands.

 

High Court's decision (80 pages 275KB PDF)
Information backgrounder (Two pages 31KB PDF)