Watercare Services Limited

[2017] NZHC 2981

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2017-404-292 [2017] NZHC 2981

UNDER

the Declaratory Judgments Act 1908

AND

UNDER

the Judicature Act 1908

AND

IN THE MATTER

of s 191(3) and Schedule 12 of the Local
Government Act 2002

IN THE MATTER

of an application by WATERCARE SERVICES LIMITED

Applicant

Hearing:	9 October 2017
Appearances:	R J Somerville QC, B S Carruthers and A M Cameron for the Applicant J Caldwell as amicus curiae with K Dawson
Judgment:	1 December 2017

JUDGMENT OF WOODHOUSE J (Result)

This judgment was delivered by me on 1 December 2017 at 4:00 p.m. pursuant to r 11.5 of the High Court Rules 2016.

Registrar/Deputy Registrar

Solicitors / Counsel:

Dr R J Somerville QC, Barrister, Dunedin

Ms B S Carruthers and Mr A M Cameron (applicant’s instructing solicitor), Russell McVeagh, Auckland

Ms J Caldwell and Ms K Dawson, Buddle Findlay, Auckland

RE WATERCARE SERVICES LTD [2017] NZHC 2981 [1 December 2017]

[1]      On the application of Watercare Services Ltd for declarations, on the terms as amended at the hearing, I make the declarations sought, as follows:

(a)      On a proper construction of section 181(3) of the Local Government Act 2002 (the Act), if there is a change of owner after written consent has been given, it is not necessary either to obtain the written consent from the subsequent owner or give the subsequent owner notice under Schedule 12(1)(b) of the Act of the intention to construct the works before the work is done.

(b)On a proper construction of Schedule 12 of the Act, if there is a change of owner after notice has been given under clause 1(b) of the Schedule, it is not necessary to give notice to any subsequent owner before the work is done.

[2]      The reasons for this decision will follow.

Woodhouse J