Kalis v Kingborough Council

The appeal concerned a dispute between Kalis and the Kingborough Council regarding the production of documents. The matter came before the Full Court of the Supreme Court of Tasmania.

The central legal issue was whether the Resource Management and Planning Appeal Tribunal (the Tribunal) had the power to compel the production of minutes from a closed meeting of the Kingborough Council, notwithstanding regulations that required such minutes to be kept confidential.

The Full Court reasoned that the Tribunal's powers under the *Resource Management and Planning Appeals Act 1993* (Tas) were broad enough to permit the production of documents relevant to an appeal, even if those documents were otherwise confidential under council regulations. The Court held that the statutory power to require the production of documents for inspection and copying was not limited by the confidentiality provisions of the *Local Government (General) Regulations 2015* (Tas). The Court found that the primary judge had erred in concluding that the regulations prevented the Tribunal from accessing the confidential minutes.

Consequently, the Full Court allowed the appeal, set aside the orders of the primary judge, and dismissed the originating application.