Final day of hearing

My apologies for my tardiness. I’ve been taking care of business, family and self. Now I can at last post a brief description of the final day of the hearing.

But first, please join me in a round of bashful giggling aimed at me. Why? I never knew that Wednesday, the day before this last day, had been scheduled as a rest day, and nobody turned up. Which renders my apology for not turning up quite redundant, I think. Well, let’s move on.

On this Thursday morning Justin Smith, counsel for the defendant, NIWA, presented their defence to the Coalition’s statement of claim. When I arrived after lunch he was presenting legal authorities concerning crown bodies, or state-owned enterprises. He spoke in a remarkably soft voice and, as I was seated behind him, that meant I failed to pick up a good three-quarters of what he said.

He must have been responding to our charge that NIWA did not perform its statutory duty. He said: “They’re not duties, they’re not called duties, they’re called operating principles.” Continue Reading →