Burrell Demolition Limited v Wellington City Council [2012] NZHC 1816 (24 July 2012)

Last Updated: 27 July 2012

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2010-485-002310 [2012] NZHC 1816

UNDER the Resource Management Act 1991

AND

UNDER Section 144 of the Summary Proceedings

Act 1957

BETWEEN BURRELL DEMOLITION LIMITED AND ALEXANDER JAMES BURRELL Applicants

AND THE WELLINGTON CITY COUNCIL AND THE WELLINGTON REGIONAL COUNCIL

Respondents

Hearing: 24 July 2012

Counsel: P A Morten for Applicants

S F Quinn for Respondents

Judgment: 24 July 2012

_{ORAL JUDGMENT OF COLLINS J}

[1] On 26 October 2010 Burrell Demolition Ltd and its director, Mr A J Burrell, (the appellants) were convicted in the Wellington District Court on charges brought against them under the Resource Management Act 1991. The charges related to the way the appellants are said to have operated a landfill business. The appellants were each fined $15,000 and ordered to pay court costs.

[2] The appellants appealed against their convictions. Their appeals were dismissed by Joseph Williams J in a reserved decision delivered on 22 June 2012.

_{The appellants are seeking leave of this Court to appeal the High Court judgment to}

BURRELL DEMOLITION LIMITED V THE WELLINGTON CITY COUNCIL HC WN CIV-2010-485-002310 [24 July 2012]

the Court of Appeal. The application for leave to appeal is to be heard by

Joseph Williams J on 17 August 2012.

[3] The District Court required the appellants to inter alia “cease the unauthorised discharge of contaminants on to land above 150 metres RL” (above mean sea level).[1]

[4] On 9 December 2011 Joseph Williams J issued an interim stay of the enforcement orders made by the District Court on terms and conditions which are set out in a memorandum dated 9 December 2011.

[5] The appellants now seek a continuation of the interim stay pending further order of this Court. In support of this application the appellants have provided evidence that goes a considerable way to demonstrating:

(1) that their proposed appeal will be rendered nugatory if the interim stay is not continued;

(2) the ability of the first named appellant and the landfill company (C & D Landfill Ltd) carrying on business will be compromised; and

(3) a number of demolition and earthmoving companies’ ability to

operate effectively may also be compromised.

[6] The Court believes that continuing the interim stay until it can be considered further by Joseph Williams J on 17 August 2012 is the most sensible way of disposing of the immediate in pass between the parties.

[7] Accordingly, orders will be made continuing the effect of the interim orders made by Joseph Williams J on 9 December 2011 on the same terms and conditions as were made by his Honour at that time.

_{[8] Costs are reserved.}

_{D B Collins J}

Solicitors:

Harkness Law Limited, Wellingtonf for Applicants

DLA Phillips Fox, Wellington for Respondents

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[1] Wellington City Council v Burrell Demolition Ltd DC Wellington CRI-2011-085-3191, 30

November 2011 at [59(3)].