By CATHY ARONSON
HAMILTON - A High Court judge has stopped the development of the Hamilton Casino with a ruling that its licence is invalid.
Justice Fisher ruled in the High Court at Hamilton yesterday that the Casino Control Authority's decision in December to grant a casino premises licence to Riverside Casino Ltd should be set aside.
Development of the casino site, behind the old post office in Victoria St, began in March and construction appeared to be continuing last night despite the High Court ruling.
Casino opponents, including the Anglican Church, community groups and Hamilton Mayor Russ Rimmington, sought the judicial review.
They claimed that two members of the control authority were potentially biased, and said the decision allowing the casino was not based on the evidence.
Justice Fisher found one panel member, Michael Cox, to have apparent bias.
"Prima facie, a seriously flawed decision having significant impact upon the community ought to be set aside unless there are clear reasons to the contrary," he said in his decision.
The opponents' lawyer, Thomas Sutcliffe, said the decision was the first successful challenge of a licence grant in New Zealand.
He said it would guide the conduct of authority members in the future.
"This decision went to the heart of the process set up by the Government to grant casino licences in New Zealand.
"Any grants in the future will be made with one eye on this decision."
Mr Sutcliffe said Riverside Casino could not immediately apply for a new licence because of the Government-legislated moratorium that took effect from October 1997.
The legislation did not affect the casino's initial licence because its application was before the Casino Control Authority when the moratorium was imposed.
The moratorium is due to be lifted on October 15, but the Government might extend it by amending the proposed Gaming Law Reform Bill, to go before Parliament in July.
Mr Sutcliffe said the only other option was for Riverside Casino to apply to the Court of Appeal to have the decision overturned.
A spokeswoman for Riverside Casino, Sonya Haggie, said last night that the company would consider its options after reading the judgment.
Mr Rimmington, who campaigned at the last local body election on keeping the casino out of Hamilton, last night celebrated a "victory for the people."
"We haven't won on a technicality," he said.
"We have opened a Pandora's box on the way licences are granted.
"We believe we didn't get a fair hearing. There is overwhelming evidence that casinos have a detrimental social impact."
Judge dumps casino plans in landmark 'people's win'
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