The Chief Justice has bemoaned the lack of ‘civility and cooperation’ between the Corporation of Hamilton and Government.

Ian Kawaley’s comments came as he ruled the City’s clamping policy invalid because it had not been advertised properly.

In a written judgment that was made public on Wednesday, Mr Kawaley said: “In the present case as regards the Resolution, the Corporation has acted in a far from arbitrary manner.

“However as a matter of statutory interpretation, its attempts to resolve the unfortunate and ultimately futile impasse between itself and the central Government over the procedure for making ordinances have stretched its proper statutory authority beyond their permissible limits.

“Both sides were partly right and partly wrong in the technical legal points they jousted over.

“But their respective representatives were also wholly wrong to the extent that they appear to have lost sight of the practical need for civility and cooperation between the municipal and central branches of Government in the wider interests of the public which they jointly serve.”

Mr Kawaley’s ruling could mean drivers who have been clamped might be able to recoup their $100 unclamping fee — although the matter was not addressed during the court case.

The Centre for Justice, which initially raised its concerns about the Corporation’s clamping policy in 2012, welcomed the Chief Justice’s ruling.

“Members of the public who have paid to have their vehicles unclamped should seek a refund directly from the Corporation in the first instance, failing which a claim to recover that money paid can be made in the Magistrates’ Court,” the CFJ said.

Yesterday the centre’s managing director, Venous Memari, added: “The Centre for Justice wishes to clarify that we were simply informing the public of the process to claim a refund.”