A Self-employed businessman has beaten his local district council in court, after studying law so he could represent himself.
Barry Monks enrolled on a degree course and attended lectures for about three months until he felt confident enough to argue his case in court.
The 38-year-old Oamaru resident
put his job on hold after becoming embroiled in a row with Waitaki District Council.
Council-owned Whitestone Contracting had applied for permission to expand its premises on land near Monks' property. When an independent commissioner approved the non-complying activity, Monks, who runs a building firm, decided to fight the decision in the Environment Court.
"I didn't have the funds to employ planners and lawyers to oppose the high-powered lawyers the council would put up," he said. "I thought I had better get a bit of an education."
He took time off work and enrolled at the University of Otago studying first-year law, and some third- and fourth-year papers, alongside students 20 years younger.
"I felt like an old man at times.
"There was a lot of reading and paperwork to do, about 1000 pages. It was heavy stuff but it was great - I enjoyed it."
Then came the 2 1/2-day court hearing, when he was pitted against professional lawyers. "That was daunting. I'd never been in any court before. I had to go out and buy myself a tie. Having to do the cross-examinations was interesting but it was all right. I thought [my] case was fairly strong."
Three months later the court overturned the previous decision.
Monks then returned to court to claim costs of almost $20,000.
On top of course fees of more than $3000, he claimed for 11 weeks off work, five days to prepare, three days for the hearing and $3300 for travel between Oamaru and Dunedin.
The court cited case law, rejected his claim and awarded him just the $55 he paid as a filing fee.
Monks said: "Apparently lay lawyers don't get costs for time and trouble. It's a bit disappointing but it's been a great experience."
Waitaki District Council chief executive Michael Ross said the decision was "life when you find yourself in the Environment Court".
"We win more than we lose. It's not unheard of for a lay person to be successful in an appeal."
Whitestone managing director Lawrence Hardy said the company was reviewing the decision and had yet to decide its next steps.
