Mangawhai Ratepayers and Residents Association Inc appeal for support for final appeal to Supreme Court
We are asking for your help and for help
from people everywhere in New Zealand,
because this is a national issue,
touching the lives and civil rights of everyone who lives in Aotearoa.
In the recent newsletter about the upcoming local government elections we said that we had applied to the Supreme Court for leave to appeal against some rulings of the Court of Appeal. If you recall the Rogan case was a test-case for all those parties sued for unpaid rates and penalties by Kaipara District Council/Northland Regional Councils back in 2014.
Our argument in the Supreme Court is that there was a miscarriage of justice because the Court of Appeal’s judgment against us was based on an issue that was not before the Court and on which it received no submissions.
This was a fundamental breach of the right to natural justice as affirmed by the New Zealand Bill of Rights Act.
Well, we have some exciting news, news that will interest everyone concerned about the state of justice and the Rule of Law in Aotearoa.
Dr Rodney Harrison QC, one of New Zealand’s most senior and respected courtroom lawyers, has agreed to act as senior counsel on the application for leave to appeal and the appeal itself (in the event that leave to appeal is granted). Rodney’s areas of expertise include public law and human rights. He also specialises in taking cases on appeal. He was involved as counsel in the Cartwright Inquiry into Cervical Cancer Treatment at National Women’s Hospital, acted in respect of many civil liberties cases, and is well known as the lead counsel in the cases involving the rights of refugee Ahmed Zaoui.
Rodney has agreed to act as lead counsel in the Supreme Court in recognition of the importance of the issues at stake.
This does not necessarily mean that leave to appeal will be granted, but it is widely acknowledged in legal circles that having a distinguished QC leading the case considerably increases the possibility that the SC will hear it. It is also reassuring to know that someone with Dr Harrison’s experience believes that we have a good strong case and is prepared to bat for our team.
Dr Harrison has indicated that regardless of his own fees, which will be discussed in detail with him after the outcome of the leave application is known, there still may be considerable disbursements incurred. The Supreme Court may require a hearing in Wellington to hear the application for leave. If leave is granted then there will be the substantive hearing in Wellington. Flights and accommodation etc will have to be covered. Dr Harrison indicated that we should go ahead with fund raising.
So, once again,
We are asking for your help and for help
from people everywhere in New Zealand,
because this is a national issue,
touching the lives and civil rights of everyone who lives in Aotearoa.
We have made a careful record of contributions to this cause, and Wayne Johnson, who used to audit the Association’s books, has agreed to assist us with this particular task. Any donations received will continue to be kept in a separate ledger, so that unused money can be returned if it is not needed for this particular purpose. If the costs awarded against us are reversed, that money will also be distributed to those who helped fund this.
The bank account is 38 9012 0318164 00. Please Put SC in the code field and your«Member_no» in the Reference.
If you prefer to write a cheque Please put SC on the back and your«Member_no», and post it to Box 225 Mangawhai 0540.
Kind regards,
Bruce Rogan,
CHAIR.
Tel 09 4315413
brucerogan2017@gmail.com
7th of October 2019
Please forward this email to everyone you think might be interested, and ask them to help with the funding. Even small amounts will be of immense help. Please ask them to put their phone number in the reference field and SC in the Code field, and their name in the particulars field. Similarly if they are sending a cheque.