December 19 2001
Council Welcomes Finality In Chisholm Case
The Auckland City Council has welcomed the decision of the High Court which has ruled against all four claims against it
by Waiheke Island property developer Adrian Chisholm.
Mr Chisholm brought actions against the council claiming misfeasance (abuse of power), negligence, and claims under the
Bill of Rights and the Fair Trading Act.
He claimed that the council thwarted his efforts to build a multi-million dollar resort on Waiheke Island, when it
intended to dump septage (accumulated material from septic tanks which has to be disposed of) on the golf course
adjoining the property Mr Chisholm was going to develop.
Mr Chisholm claimed his resort project became untenable and the council had caused the downfall of his project which
could not be revived. In his decision, Mr Justice Chambers ruled against all four of Mr Chisholm’s claims.
The deputy mayor, David Hay, said the decision brought to an end a long and sorry saga for both Mr Chisholm and the
“Hopefully we can now put this unfortunate case behind us,” said Mr Hay.