5 Feb 2019
MARITIME NEW ZEALAND v GLASS BOTTOM BOAT LTD [2019] NZHC 81
- Citation
- [2019] NZHC 81
- Court
- High Court
The High Court dismissed MNZ's appeal and affirmed the District Court's decision. Key legal conclusions: (1) a de novo appeal was properly available where no hearing occurred below, but a de novo hearing does not automatically require full oral rehearing if parties do not seek it; (2) an improvement notice under s 101 must identify the specific or likely statutory contravention with sufficient particularity to allow remediation – an asserted lack of risk assessment alone is not a standalone contravention; (3) a prohibition notice under s 105 requires evidence supporting a reasonable belief of…