Wellington City Council has been issuing illegal traffic infringement tickets, a lawyer defending herself told the High Court at Wellington today.
Angela Beazer, a senior solicitor for the Civil Aviation Authority, claimed she was ticketed for failing to display a current registration sticker on her car.
She was deemed to
have committed an offence under Section 243 of the Land Transport Act, but told the court that section was not yet law, but part of legislation still before Parliament.
Ms Beazer was seeking High Court leave to appeal a district court decision, which waived the council fine but ordered she pay court costs.
Outside court Ms Beazer told NZPA the council had been "jumping the gun" by issuing such tickets.
Council had legal and moral obligation to refund tickets that have previously been issued, she said.
"If the council is so sloppy that they get it that badly wrong then they shouldn't be taking people to court and trying to enforce it - they should be cancelling those infringement notices and refunding ones that have already been paid."
Ms Beazer said she was pursuing the issue on principle because of its great public importance.
"If the average Joe Bloggs on the street sees that this is an offence against this section of the Act most people would assume that it would be correct and would pay, when they shouldn't have to."
Representing the council, Stephen Quinn, QC, told the court that the error had since been rectified and that such infringement notices were also covered by another piece of legislation.
Council declined to comment while the matter was before the court.
The court adjourned the case until next week
- NZPA
