Judge Declares 'Bullet-Proof' Process 'Misfired'

For 14 months Nelson City Council remained adamant that the processes they followed which paved the way for nine pokie machines to be installed in Nelson’s lowest decile community were “bullet-proof”.

Yet in the High Court in Wellington this week Judge Simon France declared that not only had those processes “misfired” but that they had “deprived the public of both the information it should have had as well as the correct opportunity to have input into the process.”

The Nelson Gambling Taskforce who took the action is victorious following the recent declaration by the High Court that the contested gambling policy amendments made by Nelson City Council in 2010 have finally been declared invalid.

Speaking for the Taskforce, Chairperson Darci Goldsworthy says the Nelson City Council admitted in court that they altered the gambling policy at the request of one man who sought to lease his premises to another who intended to put nine pokies into the heart of the Victory community.

Goldsworthy says that before Nelson City Council loosened up their policy that could never have gone ahead as the premises in question is directly opposite a playground and within 100 metres of two preschools.

“Why would Nelson City Council change a policy in a way that would knowingly put a whole community at risk just so that one person can make a profit,” he says.

“We are very disappointed by the Council’s attitude throughout this process and their attempts to prevent this case ever being heard in court. But we’re delighted that the people have won in the end. "

The Nelson Gambling Taskforce must now approach the Department of Internal Affairs with the Court’s decision and a request that the Department not renew the Victory Square bar’s Class 4 license which the court also declared to be invalid.