Attorney-General v Edmonds

[2006] NZCA 186

IN THE COURT OF APPEAL OF NEW ZEALAND

CA97/05

BETWEENTHE ATTORNEY-GENERAL

Appellant

ANDTERENCE DESMOND MEAD EDMONDS, DAVID JOHN MCINTYRE EDMONDS, HYLTON ANDREW MCINTYRE EDMONDS AND JENNIFER HATFIELD MCINTYRE WILSON

Respondents

Court:Glazebrook, Hammond and Ellen France JJ

Counsel:M T Parker, T G Stapleton and J R Burns for Appellant

J O Upton QC and D A Laurenson for Respondents
R J B Fowler and P C Mitchell for Intervener

Judgment:10 August 2006 at 11 am

JUDGMENT OF THE COURT

The application for recall is dismissed.

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REASONS OF THE COURT

(Given by Ellen France J)

[1]       The memorandum of counsel for the appellant dated 5 July 2006 refers.  Counsel for the Edmonds family and for the Wellington City Council have advised they do not wish to make any submissions on the memorandum.

[2]       The Court has considered the memorandum and concluded that there is no inconsistency in the declaration. 

[3]       The Court did apply a twelve month “period of grace” to area A.  However, as the judgment makes clear in paragraphs [123] and [124] the July 1996 date in the declaration incorporates the period of grace treated as appropriate by this Court and by Miller J.

[4]       The application for recall is dismissed.

Solicitors:
Crown Law Office, Wellington, for Appellant
Bisson Moss, Napier, for Respondents

Phillips Fox, Wellington, for Intervener