Sludgegate Latest:
Dec.19: It's over.
Also: The previously censored release of Nov.12 - Breakthrough in Sludgegate case - has been reinstated after Owen Jennings tabled the banned document in Parliament.

Background

What 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.

The Sludgegate trial tests whether New Zealand law supports him in that fight.

Arguably, 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.

It 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.

Their 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.

See 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 published, Wrongs Done, on the official Sludgegate website. A supporter of Adrian's has also created a Sludgegate Message Board.

Cast of Characters:

Adrian 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 sewage operations.
John Mountain - Council Enforcement Officer
Sean Deery - Council Team Leader

The Story So Far:

Dec.18: Rights for Shells, or for Human Beings?
Dec.17:
Last Two Days
Dec.14:
Who Are the Hillbillies?
Dec.13: That Truck Load of Sludge Again
Dec.12:
Shipley pressure too much for Auckland Council
Dec.8: "Surprising things happen on Waiheke..."
Dec.7: "Anonymous" P.I. Report on Chisholm
Dec.6: 'The Community' vs Adrian Chisholm
Dec.5: Sludge Dump Needs a "Quick Legal"
Dec.4:
Websites in the Dock
Dec.1: Stolen Sludgegate Document Revealed
Nov.30: Emergency! Emergency!
Nov.29: "Neighbours From Hell"
Nov.28: What's It All About?
Nov.27 (pm): A Trickle, but Not a Flood
Nov.27 (am): Some Truth Begins To Out
Nov.23: Property Rights Buried By a Sea of Sludge
Nov.22: "All I Want is the Truth!"
Nov.21: Cameras, Causes, and Whistle Blowers
Nov.19: Chisholm, 1066, and All That Sludge!
Nov.12: Breakthrough in 'Sludgegate' Case


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