Court action likely over rubbish removal

Press, 8 February 1986, Page 30

Court action likely over rubbish removal

PA Auckland A couple are seeking a High Court order for the Manukau City Council to remove rubbish which has accumulated at their home because of a threeweek strike by collectors in their municipality. In a statement of claim filed at Auckland this week, Mr Michael Lucas and his wife, Lyn, also seek an order for a partial refund of the annual refuse charge made to the council.

The statement says the council has breached its statutory responsibility under the Local Government Act, 1974, by failing to remove rubbish from the Lucas home since January 13. The council has failed in its duty to prevent refuse from being a nuisance and injurious to the health of Mr and Mrs Lucas, says the claim. The couple have made rubbish available for disposal since January 13, and the statement of claim seeks an order for the council to begin collecting rubbish from the Lucas’ home.

Mr and Mrs Lucas, who have paid the council rubbish collection charge to the year ending March 31, seek a refund of the charge for the period in which their rubbish has not been removed. Mr Lucas, a lawyer, said last evening that he hoped the Court action would prompt the council to take a more active role in trying to resolve the rubbish collectors’ dispute. "I am sure the council

could do a bit more than it is,” he said. "We hope other people of Manukau City will benefit from this also.” A lawyer acting on behalf of Mr and Mrs Lucas, Mr John Gray, said he had asked for an urgent hearing of the claim. The strike by rubbish collectors, employed by Manukau Refuse Collection Ltd, results from the dismissal of two employees for alleged swearing. .