Two males ordered to pay courtroom prices for an unsuccessful bid to cease a Flaxmere bottle retailer working say they will not be paying a cent.
Hastings District councillor Henare O’Keefe QSM and chair of the Takitimu District Māori Council, Des Ratima ONZM, had been final month ordered to pay $eight,194.15 to Flaxmere (2008) Liquor Ltd to cowl its courtroom prices to this point for a Excessive Courtroom Attraction the lads had filed.
O’Keefe and Ratima opposed an software by the Flaxmere Liquor retailer to resume its liquor licence, however the Alcohol Regulatory and Licensing Authority granted the applying in June final 12 months.
The boys appealed the choice to the Excessive Courtroom.
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The matter got here earlier than Justice Jan-Marie Doogue in October, however was adjourned till December after the lads had been unable to safe affidavits from police and Hawke’s Bay DHB for his or her enchantment.
Justice Doogue questioned whether or not the affidavits would make any distinction on condition that neither police nor the DHB had opposed the applying earlier than the Authority. She mentioned if the affidavits weren’t supplied the applying to adduce additional proof can be struck out and prices can be awarded to the corporate.
The affidavits weren’t filed and on December 12 Justice Doogue awarded prices to the corporate. Till that was paid a date wouldn’t be set for the substantive listening to of the enchantment.
O’Keefe mentioned he wouldn’t pay a cent of the prices.
“I would go to jail first,” he mentioned.
“It is not a stage taking part in subject. We see the harm alcohol does in our group every day however we and our group do not have the form of funds wanted to struggle this struggle in a good method. It is merely not proper. I’ll struggle it to the demise,” he mentioned.
He mentioned he was “extraordinarily disenchanted” within the DHB’s Medical Officer of Well being, who he claimed had reneged on an settlement to supply an affidavit.
Ratima mentioned he felt simply as strongly and he had no intention of paying prices.
Flaxmere (2008) Liquor Ltd director Sukhpal Singh couldn’t be reached for remark.
A DHB spokesperson mentioned the Medical Officer of Well being had not agreed to supply an affidavit and didn’t comply with signal an affidavit drafted by the lawyer for Ratima and O’Keefe.
She mentioned the DHB had restricted authorized grounds to object to the present Flaxmere Liquor off-license renewal below standards set down throughout the Sale and Provide of Alcohol Act 2012 as a result of the licence holder had complied with their obligations below the Act.
“Nonetheless, it did advocate for a public listening to so individuals might voice their issues. It additionally supported the listening to by offering the DHB’s newest well being inequities and dangerous consuming statistics for Hawke’s Bay,” she mentioned.