Parlane v Waipa District Counci

[2005] NZCA 305

IN THE COURT OF APPEAL OF NEW ZEALAND

CA319/05

BETWEENJAMES CHARLES MORRIS PARLANE

Applicant

ANDWAIPA DISTRICT COUNCIL

Respondent

Hearing:5 December 2005

Court:Anderson  P, Glazebrook and Hammond JJ

Counsel:P F Gorringe for Applicant

C T Gudsell for Respondent

Judgment:7 December 2005 

JUDGMENT OF THE COURT

1         The application for special leave to appeal is granted, on this question:

Whether the High Court Judge was correct in proceeding, under s 7 of the Bylaws Act 1910, to sever cl 2 of the relevant bylaw, as to lighting of fires, by deleting cl 2(a) in its entirety.

2Applicant to have $1,500 costs and usual disbursements on this application.

REASONS

(Given by Hammond J)

Introduction

[1]        This is an application for special leave to appeal under s 144 of the Summary Proceedings Act 1957.

[2]        We are satisfied that the proposed appeal raises a question of law, which we formulate in these terms:

Whether the High Court Judge was correct in proceeding, under s 7 of the Bylaws Act 1910, to sever cl 2 of the relevant bylaw as to lighting of fires,  by deleting cl 2(a) in its entirety.

[3]        We are satisfied that this question is one which, by reason of its general and public importance, is one which ought to be submitted for the determination of this Court.

[4]        The applicant will have costs of $1,500 and usual disbursements, on this application.

Solicitors:
J C M Parlane, Te Awamutu for Applicant
Gallie Miles, Te Awamutu for Respondent