Judicial review against council withdrawn
Rotorua Lakes Council will pursue costs following the withdrawal of the Judicial Review claim filed in relation to Rotorua’s Representation Review earlier this year.
The Judicial Review was filed by Mr Robert Lee of Rotorua in April of this year.
This week Mr Lee, who was representing himself, notified the court and other parties that he withdrew that action and asked for the court’s consideration of his suggestion that costs remain where they lay.
This notice and request came just days before there was to be a preliminary court hearing and following an application from Rotorua Lakes Council that Mr Lee place $28,500 into court as security for costs.
Rotorua Lakes Council has and would incur in excess of $100,000 of costs in responding to the now withdrawn Judicial Review.
Council Chief Executive Geoff Williams said council is always careful in considering legal action but in this case was forced into a serious legal situation by Mr Lee’s action to the court and had to respond.
“We have a responsibility to the Rotorua residents and ratepayers to pursue recovery of at least some part of the costs that council has been forced to incur through Mr Lee’s now withdrawn Judicial Review.
“It is always disappointing to incur costs out of our control. However, it remains important that Council responds to any legal challenge appropriately in terms of both law and prudency.
“It was always our view that Mr Lee’s case was misconceived and contained inaccurate allegations.
“We were always concerned that this claim was misconceived and would fail, but that Council would nevertheless incur significant costs in defending the claim. That is why we had sought that Mr Lee pay a sum of costs into Court as security for at least some of the costs incurred.
“We have subsequently instructed our legal counsel to reject Mr Lee’s request that costs should remain where they lie and we await the judge’s direction in that regard. A decision on costs is unlikely to be made before September 2022.”
In his claim Mr Lee had accused council of predetermination in its decision-making during its Representation Review earlier this year and within that accused some elected members of holding a bias and/or conflicts of interest towards Māori and iwi stakeholders and beneficiaries in Rotorua.
After months of preparation, including the filing of an interim injunction by Mr Lee which was also earlier withdrawn, Mr Lee withdrew his appeal citing the process had proven too difficult and asked that costs lie with all parties.