Meineke v Acting Chief Executive, Office of Local Government [2016] NSWCATOD 135

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Meineke v Acting Chief Executive, Office of Local Government [2016] NSWCATOD 135 Hearing dates: 14 October 2016 Date of orders: 27 October 2016 Decision date: 27 October 2016 Jurisdiction: Occupational Division Before: Dr J Renwick SC, Senior Member Decision: (1) Within 14 days, the Appellant is to file and serve any further submissions and evidence upon which he relies in relation to the penalty phase of this matter, together with an indication as to whether he seeks a further oral hearing. (2) Within a further 14 days, the Respondent is to file and serve evidence and submissions in reply (if any), together with an indication as to whether he seeks an oral hearing. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – Local Government Act 1993 – breach of Code of Conduct – definition of 'significant non-pecuniary conflict of interest' – misconduct – councillor retained to assist a client have his land compulsorily acquired by the Council of which he was a councillor – paid a standard fee rather than a success fee – one of a number of preconditions to this was having the Council designated in the Local Environmental Plan as the acquisition authority – appellant did not absent himself from two meetings and in relation to one meeting made no declaration – question of adequacy of declaration in second meeting – misconduct established Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Environmental Planning and Assessment Amendment (Reserved Land Acquisition) Act 2006 Land Acquisition (Just Terms Compensation) Act 1991 Local Government Act 1993 (NSW) Cases Cited: De Luca v Simpson [2012] NSWSC 960 Ebner v The Official Trustee in Bankruptcy [2000] HCA 63 Minister for Immigration v Jia Legeng [2001] HCA 1 Office of Local Government v Ticehurst [2015] NSWCATOD 122 Category: Principal judgment Parties: Graeme Peter Meineke (Applicant) Acting Chief Executive, Office of Local Government (Respondent) Representation: Counsel: K J Grahams (Appellant) B Tronson (Respondent) File Number(s): 1620120