Devonport loses autocracy fight

Press, 22 July 1989, Page 8

Devonport loses autocracy fight

PA Auckland Devonport yesterday lost its fight for independence, a Judge saying the borough suffered from tunnel vision in opposing amalgamation. Mr Justice Robertson, in a 90-minute judgment in the High Court at Auckland, rejected the Devonport Borough Council’s case against its proposed merger into a single North Shore City. His Honour ruled that the Local Government Commission acted "fairly, reasonably and in accordance with the law” in preparing its final reorganisation scheme for Auckland.

The scheme merges Devonport with Its four neighbouring North Shore bodies Into a new city, scheduled to come Into being in October.

In a four-day hearing this week the Devonport council had sought a ruling declaring the commission's scheme invalid and an order preventing further steps to Include the borough In a North Shore City.

Mr Justice Robertson said the flaw in the council’s case was Its argument that the commission had a duty to consider existing local government structures In Its reforms.

However, the status quo was not relevant to the commission’s task set out in the Local Government Amendment (No. 3) Act, rightly or

wrongly, fairly or unfairly, after four decades of trying to reorganise local government starting from existing authorities, Parliament decreed a new approach.

“That was to start from scratch and determine what parts were needed, instead of starting from existing arrangements and determine what existing bodies were needed." Mr Justice Robertson said the council was unwilling, or perhaps unable, to understand that change of emphasis, particularly after it had failed at its one chance to persuade the commission to exclude the borough from the single-city scheme.

It had taken legal action anticipating the Court to be a “knight in shining armour on a white charger to finally demolish what some see as the powers of darkness.” His Honour said there was no evidence to suggest the Intervention of the Courts was necessary. Opposition spokesman on local government, Mr Graeme Lee, yesterday described the court decision as “another black day for democracy.” “This Is a victory for the Government and the Minister of Internal Affairs, Michael Bassett," Mr Lee said. "But it is a hollow victory, where the voice of the people has been excluded from having a say In the future of their district." '