Private eye's report set for the shredder

By BERNARD ORSMAN

Adrian Chisholm has given up his fight to obtain a private investigator's report on him commissioned by the Auckland City Council.

Mr Chisholm, who at one point yesterday was calling the incident the most gross intrusion into his life, later signed an agreement with council lawyers that required copies of the report to be destroyed.

He is at the centre of a legal battle with the council over his plans for a resort on Waiheke Island.

The agreement to destroy the report was reached in the High Court after Heaney & Co, the lawyers for the council's insurers, Royal & SunAlliance, indicated they would stop at nothing to avoid handing it over.

Under the agreement, the council lawyers and the private eye firm that prepared the report, the Investigation Bureau, must destroy their copies by 5 pm on Monday.

Mr Chisholm, who also signed a gagging order preventing him from commenting further, did confirm the agreement meant he would never get to see the report.

Asked why he signed the agreement, Mr Chisholm said it was to bring finality.

His backdown followed 24 hours of legal intrigue that started with Mr Chisholm sleeping overnight in mayor Christine Fletcher's office after going there on Thursday afternoon to collect a copy of the report.

Following his uncomfortable night, Mrs Fletcher drove him to the court to help him secure a copy.

In a statement released before he went to court at 4 pm, Mr Chisholm said Mrs Fletcher had taken her "own personal legal advice" that said the only course open to get the report was in the High Court.

A council spokesman said if it released the report it could run into difficulties with its insurance cover in the event of any defamation case.

"It clearly put the council in a difficult situation."

Mrs Fletcher confirmed she had advised Mr Chisholm on High Court proceedings, but she would not be drawn on what legal advice the council had received on the matter.

"All I am prepared to comment on is that this is a very satisfactory outcome."