Fence costs appeal refused
The Court of Appeal has refused to allow a second appeal against the $72,500 legal costs ordered over a controversial view-blocking fence.
The fence-cum-play fort between property owners on sloping ground with harbour views in the Wellington suburb of Roseneath, was ordered to be taken down.
But David Walmsley and his mother Heather, the down-hill builders of a fence that blocked the view from his up-hill neighbours’ terrace, appealed against the Environment Court ordering them to pay $72,500 costs to Peter and Sylvia Aitchison.
Their first appeal to the High Court was dismissed, and now the Court of Appeal has refused to allow a second appeal.
In a decision issued yesterday, the court said it could only hear a second appeal if it was a matter of general or public importance, or a miscarriage of justice may have occurred, or may occur if the appeal was not heard.
The court said the proposed appeal involved more factual issues than questions of law and most of the issues had already been argued in the High Court.
The public had been interested and curious about the dispute, but legally it did not involve novel issues, and it was not a test case. The Walmsleys now have to pay the Aitchisons another set of costs, of a sum not yet decided.
Speed limit rise delayed
Auckland motorists will have to wait a few more months to drive at preexisting speed limits around the Waterview Tunnel. In September, NZTA announced it would raise the variable speed limit to 100kmh on sections approaching the $1.4 billion tunnel complex. However, it will remain fixed at 80kmh until early next year. The tunnel’s authority said additional infrastructure and legal processes had to be completed before the limit approaching the tunnels could rise again to allow maximum speeds of 100kmh.
Leave to appeal declined
A blind 5-year-old girl and her family have faced yet another setback as they try to keep her in New Zealand on humanitarian grounds. Caitlyn Davies is blind, suffers from global development delay, and has chronic medical conditions. She and her family had lived in Geraldine in South Canterbury since arriving from South Africa in 2015. Caitlyn’s interim visa expired in July last year and the family has fought to keep her in New Zealand since. The Immigration Protection Tribunal (IPT) considered her medical conditions would impose significant costs on New Zealand’s health and education systems. The Davies family launched a High Court bid in May this year to stop Caitlyn being deported, but it failed. Their lawyer, Andrew Riches, sought leave to appeal to the Court of Appeal. In a decision released on Monday, Justice Gerald Nation declined the request for leave to appeal his original decision that the IPT’s consideration properly took Caitlyn’s situation into account.
Painted boxes not wanted
At 80-years-old Elaine Rowe doesn’t fit the description of a typical graffiti artist. But that’s how she is being portrayed after painting birds on several Powerco-owned power boxes in Tokoroa. Rowe does detailed, textured landscapes that have been sold around the world but they are not appreciated on Powerco’s boxes because of the risk to her safety. Despite a flood of support from the community and the South Waikato District Council, Powerco has told Rowe to stop painting the boxes. Powerco group health safety environment and quality manager, Julie McAvoy said it was a safety risk. ‘‘The power boxes are live and so any excess water, paint or any substance is not safe.’’
Grazed, but she did it
Aminor crash 2 kilometres from the finish line wasn’t enough to stop Laura Stuart from completing her first New York City Marathon. While her borrowed wheelchair has been left a bit "wonky", the first-time marathon competitor managed to finish the course in 4 hours 15 mins and 57 seconds, good enough for 16th in her division on Monday morning. The 42km distance was the longest the Wellington resident had ever attempted. Despite sporting grazes from a collision with a runner, Stuart composed herself to make her way down the finishing chute.