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That advice was that Jessen’s submissions were not a breach of any legal standards or codes. There was no legal barrier to the council engaging a lawyer to present its case and make submissions that went beyond evidence. So long as the church and any other participants had an opportunity to comment on the council’s submissions, standards of fairness and natural justice could be satisfied. The independent lawyers said the submissions clearly advocated for the consents to be turned down, but that did not mean the council as a whole was biased. It was up to the commissioners to judge how much weight they gave those submissions in the course of reaching their decision. ....
Published on (Photo Courtesy of Mount St. Mary’s Athletics) In what was the season-opener for both teams following each of their games getting cancelled on Saturday, the Mount St. Mary’s Mountaineers took down the Delaware Blue Hens 10-7. Delaware came into the game limited with attackmen Charlie Kitchen, Tye Kurtz, Mike Robinson, faceoffman Jake Hervada, and multiple key members of the Blue Hens’ defense out due to COVID protocols. The absence of those key players was evident, especially early on. Mount St. Mary’s outshot Delaware 23-11 and won the ground ball battle 20-11 in the first half alone. They also had five turnovers to Delaware’s 10 in the first half of play. ....
Murray Wilson/Stuff Decisions on the future of Palmerston North s All Saints church are on hold while legal arguments are resolved. Maassen said the council should have acted as a neutral regulator, and should not have had legal representation to make submissions and advocate for a particular outcome. Heritage New Zealand, which opposes the proposal, did not present submissions in support of its evidence, choosing to rely on what it expected Jessen to say. “That revealed to the church. that the council was committed to an outcome so that the application was declined,” Maassen said. “It is tough to know how to navigate a way forward with clarity and charity, while addressing the strong sense of disappointment the church feels about how the council has performed its statutory function.” ....
He urged the commissioners to adjourn immediately and seek independent legal advice on whether they should allow Jessen’s submissions. Jessen said the challenge was “outrageous”, “as though he is the only lawyer in the room who can give a strong opinion”. He said he was providing legal advice that supported the views of expert witnesses whose opinions were that the heritage features of the church building would be seriously damaged by the proposed work. The commissioners took a break, but chairman David McMahon said it was not possible to get independent legal advice at short notice. He believed the commissioners had sufficient experience to understand the difference between legal submissions and advocacy, and to halt the hearing entirely would cause an undue delay. ....