Suing former council engineer Jacqueline Robson, contractor Rintoul Group alleges she maliciously blocked it from getting any infrastructure contracts over a two year period before she left Far North District Council in 2017.
Ms Robson’s application to strike out the claim was refused; Rintoul’s allegations now get a full court hearing. Okaihau-based Rintoul alleges Ms Robson acted with targeted malice when it was unsuccessful for all seventeen of its bids for infrastructure contracts between 2015 and 2017: to build parts of the Twin Coast cycle trail, repair roads and carry out upgrades. In separate litigation, Rintoul was paid an undisclosed sum in an agreed settlement with Far North in a dispute over the award of contracts for four sections of the cycle trail.
Successful claims for misfeaseance in public office are rare. Allegations of malice require a very high standard of proof; akin to allegations of fraud. Ms Robson says she followed the rules. She did not evaluate tenders. She did no more than act on the recommendation of council tender evaluation teams, she says. A former Far North civil engineer, now living in Queensland, says it was not that straightforward. He alleges Ms Robson could and did influence how contracts were awarded: on occasions she picked the team members for tender evaluations; she did not always approve recommendations made by tender evaluation teams; and she did refer teams’ recommendations back for further review. It is alleged on one occasion Ms Robson sent back a recommendation with the comment Rintoul was not going to be given another contract. Associate judge Bell ruled a full court hearing was necessary to resolve these clear conflicts in the evidence.
As an alternative, Rintoul claims Ms Robson failed to act in good faith and did not award tenders on merit.
Rintoul claims compensation for contracts not awarded. It also wants exemplary damages. Ms Robson now works in the private sector.
Rintoul Group Ltd v. Robson – High Court (23.01.19)
19.033