Fears of 'judge's bias' delays appeal case

The developer wants to turn the tavern, one of Auckland's oldest pubs, into apartments. Photo / Herald on Sunday

The Masonic Tavern apartments case stalled in the Environment Court yesterday after Devonport residents said they feared the judge would be biased against their appeal.

Principal Environment Court Judge Craig Thompson allowed a day for residents' groups to persuade the High Court that he should excuse himself from hearing any more of the case.

Lawyer for most of the appellants, Paul Cavanagh, QC, said the judge's position was untenable after pre-trial rulings savaged the appellants' case.

They felt he would have an "unconscious bias" against their arguments- preventing a fair hearing.

Judge Thompson declined the application to step aside. He said he did not accept that he was no longer capable of having an open mind to the residents' case because of their complaint about pre-trial rulings.

He said that if he sat on the case he would be one of a panel of three judicial officers.

However, he adjourned the court to noon today to give dissatisfied parties a reasonable time to persuade a High Court judge that he should step aside.

Meanwhile, Wellington-based Judge Thompson and environment commissioners will familiarise themselves with the site of the tavern, which is one of Auckland's oldest hotels.

The Masonic Friendly Society and Devonport Heritage are heading the appeal against North Shore City Council granting resource consents for the tavern's redevelopment into apartments.

The groups believe a conservation plan by Redback Develop did not address the building and site as a whole and its importance as a heritage building.

The Masonic Friendly Society was outraged when Judge Thompson ruled that a fundamental part of its case, expert evidence about the archaeology of the site and original tavern, could not be received.

Redback Develop is also appealing against conditions of the resource consents.

The developer's lawyer, Matthew Casey, QC, objected to yesterday's adjournment.

He said it was nonsensical to suggest the judge had a subconscious bias in favour of his client because of pre-trial rulings.

His client was ready to present its case and had invested in this public hearing.

Devonport Heritage, the Masonic Friendly Society and the Historic Places Trust are also appealing to the High Court so their full evidence can be heard.

In addition, they are asking the High Court to enforce a stay of the Environment Court hearing until the High Court decision on evidence is known.

Judge Thompson refused to put off his court's hearing pending the result of those appeals.