News, Events and Culture

Council pays court costs following loss of appeal

Wednesday March 12 2014

The appeal was on the basis that the Authority erred in law. However, the appeal was lost and neither Councillor Tangi Utikere, the appellant, or Council plan to appeal the decision.

Palmerston North City Council chief executive Paddy Clifford says the decision to support the appeal was made at the Extraordinary Council meeting on Monday 22 April, 2013 when Councillors considered legal advice from Cooper Rapley and voted in favour of supporting the appeal.

At the time the costs of the appeal were estimated at $40,000.  However the actual costs to date, which includes legal advice to Council staff, totals $63,000.

On Monday, in a publically excluded session of Council, Councillors agreed to pay $12,000 to cover court costs incurred by IS Dhillon and Sons, the owners of Big Barrel.

Mr Clifford says it's important to note that Councillor Utikere excluded himself from the debate and vote due to a conflict of interest.

"The decision was made in a public excluded session for legitimate reasons however we can now make the information public because IS Dhillon and Sons have accepted this one-off payment which has since been processed."

Mr Clifford says the matter is now closed and he looks forward to working with the newly established Palmerston North District Licensing Committee which has taken over the role of the Alcohol Regulatory and Licensing Authority. It will consider all future applications for on-licenses, off-licences, club licences, special licences, temporary authority's and manager's certificates.