Heathcote looks at legal action

Press, 24 June 1986, Page 1

Heathcote looks at legal action

Court action may be taken against the Local Government Commission by the Heathcote County Council. While the council’s disagreement is mainly with the commission’s one-city proposal, its legal grievance concerns the commission’s decision not to consider requests from 574 Christchurch City electors who want to be included in Heathcote County. The council sought advice from its solicitors on the matter and was told that a challenge to the commission’s decision was legally possible. Several points of law in the decision could be argued although it would be difficult to predict how they would be dealt with by the court, said the solicitors.

The Heathcote County Clerk, Mr Pat Cooney, told the council’s local government reorganisation committee yesterday

that “while the council is a party directly affected it would be prudent to liaise with the other parties affected so as to obtain their support for, and involvement in, such court action.” Some of those involved include people in the Mount Pleasant to Sumner area and people whose properties lie in both Christchurch City and Heathcote County. Mr Cooney said the commission was required to ensure that it complied fully with the letter and the spirit of the law. Where it did not, affected parties should seek any legal redress. available.

The council decided to discuss the matter with the people concerned to find the level of support for any court action. If sufficient support is expressed, the county solicitors will be asked to start proceedings against the commission.