Greater Wellington Council is suing its former law firm, Luke Cunningham Clere (LCC), seeking reimbursement for a multimillion‑dollar settlement and other costs linked to a failed enforcement case.

The dispute stems from the council’s action against developer Stu Adams over alleged wetland damage in Whiteman’s Valley. The Environment Court threw out the case in 2022, finding the land was pasture, not wetlands, and calling the council’s claim “totally devoid of merit”. The council was ordered to pay $482,000 in costs.

Adams later sued the council for $20 million, saying the case caused severe financial and reputational harm. The parties settled for an undisclosed sum.

The council then took LCC to the High Court, alleging negligent advice and seeking to recover the settlement paid to Adams, payments made to four other landowners, and costs paid to the Crown.

LCC asked the court to rule on whether the council must prove it would have lost Adams’ claim to succeed. The council said it only needed to prove negligence or breach of retainer.

Associate Judge Liz Gellert declined LCC’s application, saying the question would not resolve the dispute. Costs were awarded to the council.

Both parties declined to comment.

Summarised from the original article on Stuff: https://www.stuff.co.nz/home-property/361009904/council-chases-its-own-law-firm-negligence-botched-wetland-case

A “thank you” to the editor at Stuff for allowing The Upper Hutt Connection to publish summaries of their articles.

24/07/26