Faloon v Planning Tribunal at Wellington

[2019] NZCA 287

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA685/2018
 [2019] NZCA 287

BETWEEN

CLARENCE JOHN FALOON First Applicant CLARENCE JOHN FALOON, SUING IN A REPRESENTATIVE CAPACITY Second Applicant

AND

PLANNING TRIBUNAL AT WELLINGTON First Respondent ATTORNEY-GENERAL SUED ON BEHALF OF PALMERSTON NORTH JOINT VENTURE AIRPORT Second Respondent ATTORNEY-GENERAL SUED ON BEHALF OF MINISTER OF LANDS Third Respondent CLERK OF THE EXECUTIVE COUNCIL Fourth Respondent HIGH COURT OF NEW ZEALAND (TAURANGA REGISTRY) Fifth Respondent ATTORNEY-GENERAL SUED ON BEHALF OF THE COMMISSIONER OF INLAND REVENUE Sixth Respondent

Court:	French and Stevens JJ
Counsel:	First and Second Applicants in person V McCall and A P Lawson for Third, Fourth and Sixth Respondents
Judgment: (On the papers)	5 July 2019 at 10 am

JUDGMENT OF THE COURT

The application to recall the judgment is declined.

____________________________________________________________________

REASONS OF THE COURT

(Given by French J)

1. On 19 June 2019 we issued a judgment declining the applicants leave to appeal.[1]

   [1]Faloon v Planning Tribunal at Wellington [2019] NZCA 236, declining leave to appeal Faloon v Planning Tribunal HC Palmerston North CIV-2018-454-77, 19 September 2019. 

2. The applicants have now filed an application for recall on the grounds that, contrary to what is stated in the judgment, it was not their intention to attempt to indirectly challenge the substantive High Court decision on its merits.[2]

   [2]The substantive High Court decision being Faloon v Planning Tribunal [2018] NZHC 2420.

3. We are satisfied that our judgment correctly characterises the nature of the proposed appeal and that recall is not warranted.

4. The application for recall is accordingly declined.

Solicitors:
Crown Law Office, Wellington for Third, Fourth and Sixth Respondents