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Notice of discontinuance

Published: 16/08/2022

Councillor Russ Rimmington has withdrawn his High Court proceedings against Waikato Regional Council and Councillor Fred Lichtwark as a second respondent.

A notice of discontinuation has been lodged with the High Court.

In May, Cr Rimmington filed for a judicial review against the council and Cr Fred Lichtwark relating to a vote by councillors to remove him as council chair.

Chief Executive Chris McLay said discontinuation was the best outcome at this stage of the judicial process.

“The discontinuation is based on costs lying where they fall,” said Mr McLay. “We will save significant costs and other resources by not going to trial.” 

The council is required to manage its expenses prudently and in a manner that promotes the interests of the community and ratepayers.

The council was named as the first respondent and so had to pay for its own defence. The council is also required to cover the costs for Cr Lichtwark under section 43 of the Local Governmet Act 2002 unless he is found to have not acted in good faith. Waikato Regional Council is waiting for the final invoices relating to legal services.

The settlement does not include any payment towards Cr Rimmington or his legal services.