Also: The previously censored
release of Nov.12 - Breakthrough in
Sludgegate case - has been reinstated after Owen Jennings tabled
the banned document in Parliament.
do you do when you wake up one morning and read in your daily paper
that Council plan to build a sludge dump the size of two football
fields along your boundary? In the case of Adrian Chisholm, you
choose to fight.
Sludgegate trial tests whether New Zealand law supports him in that
common law would once have protected a property owner if his neighbour
chose to dump raw sewage against his fence -this is the basis of
common law protection against pollution. Unfortunately, nothing
in New Zealand law as it stands protects him in that way, and the
actions he is taking against the council reflect this.
is alleged that out of control council bureaucrats were running
amok on Waiheke, using the pretext of sewage to act; they were almost
literally up to their necks in shit, and the Resource Management
Act was empowering them to throw it. It is apparent that the RMA
does not protect Adrian Chisholm's property rights, but it does
protect these bureaucrats. An injunction was gained by Adrian Chisholm
under the Resource Management Act, but council continued anyway.
actions are however now being questioned in the High Court in an
action of Misfeasance against them, which claims abuse of power
in public office. It is further alleged that Auckland City Council
officers were Negligent, and that their actions breached the natural
justice obligation of the Bill of Rights. They are also facing a
claim under the Fair Trading Act - a nonsense nanny state Naderism
- which unfortunately reflects the sad fact that New Zealand law
is almost impotent to act in the abuses highlighted by this case.
also: Deborah Coddington's article for The Free Radical detailing
Adrian Chisholm's plight, Bureaucratic
Excrement, and events that have occured since that article was
Done, on the official Sludgegate
website. A supporter of Adrian's has also created a Sludgegate
Cast of Characters:
Chisholm - whose resort development on Waiheke was facing a
raw sewage dump on its boundary.
Chris La Hatte - Adrian's barrister.
David Heaney - barrister representing the council vermin.
Council Officers and associates named in the action:
Gordon Hodson, Judy Voullaire, Faye Storrer, and Bruce Bissett -
the 'Gang of Four'; Waiheke Island Community Board members.
Greg Davenport - former councillor.
Mike McQuillan and Greg Paterson - Managers of council's
John Mountain - Council Enforcement Officer
Sean Deery - Council Team Leader
for Shells, or for Human Beings?
Dec.17: Last Two Days
Dec.14: Who Are the Hillbillies?
Dec.13: That Truck Load of Sludge
Dec.12: Shipley pressure too much
for Auckland Council
Dec.8: "Surprising things
happen on Waiheke..."
P.I. Report on Chisholm
Dec.6: 'The Community' vs Adrian
Dec.5: Sludge Dump Needs
a "Quick Legal"
Dec.4: Websites in the Dock
Dec.1: Stolen Sludgegate Document
Nov.30: Emergency! Emergency!
Nov.29: "Neighbours From
Nov.28: What's It All About?
Nov.27 (pm): A Trickle, but
Not a Flood
Nov.27 (am): Some Truth Begins
Nov.23: Property Rights Buried
By a Sea of Sludge
Nov.22: "All I Want is
Nov.21: Cameras, Causes, and
Nov.19: Chisholm, 1066, and
All That Sludge!
Nov.12: Breakthrough in 'Sludgegate'
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