13 Feb 2006
SAWMILL WORKERS AGAINST POISONS INC AND ANOR V WHAKATANE DISTRICT COUNCIL AND ORS HC ROT CIV 2006-463-32
- Citation
- openlaw-c8e615cc_dddf_4445_8eb3_16eef68cb977.pdf
- Court
- High Court
The Court held that allegations of illegitimate sub-delegation and rubber-stamping were not established, but the Regional Council's non-notification decision was legally flawed on 23 December 2005 because the information before it was not adequately comprehensive or reliable concerning sample collection methodology and the risk of contaminant migration. Despite that error, the Court exercised its discretion to refuse relief because an independent expert (Dr Graham) concluded adverse effects were likely minor, monitoring and consent conditions mitigated risk, the activity was temporary, and gr…