WCC Not Involved????
Press Release from POAG (Pool Owners Action Group)
How can Waitakere City Council's legal services manager claim the Waitakere City Council is "not involved in conviction"
against one of our members?
In the case I cited in my press release on 7 April 2004, our member had originally been scheduled for a court hearing on
20th February 2004 along with other cases. All cases being handled for POAG members by our solicitor have been put on
hold until after the date of the declaratory judgement set down for 2nd August in the High Court. In fact a letter
signed by a partner of Kensington Swan, R B Enright, and solicitor B E McDonald, confirms that. I am disappointed that
Mr Sheard is unaware of that, but it does not surprise me that in Waitakere City Council, the left hand doesn't know
what the right hand is doing.
It is hard to fathom the logic of Dennis Sheard claiming that the plaintiff who filed the prosecution notice i.e.
Waitakere City Council is "not involved in conviction". What a bizarre claim!!! As plaintiff they were duty bound to
suspend the hearing until after the declaratory judgement. Whether they did so or not, they were certainly "involved".
In early March 2004 our POAG member received another prosecution notice saying he had until 22nd April to respond, yet
in the first week of April he received a Notice of Fine saying he was charged on 30th March and ordered to pay $330.
(all in his absence and before 22nd April!)
It's this sort of arrant nonsense which gave rise to the formation of the POAG.
In my own case I had to put up with months of bureacratic twaddle and spurious accusations before the Council finally
withdrew its case against me.
ENDS