27 Sept 2012
BURRELL DEMOLITION LIMITED V WELLINGTON CITY COUNCIL HC WN CIV-2010-485-2310
- Citation
- openlaw-a0fa6502_398d_4b58_a8fb_67fbadcb8539.pdf
- Court
- High Court
The High Court granted leave to appeal on the contested legal questions concerning s338(4) timing, evidential requirements to prove offending and the necessity to prove breach of consent conditions as part of the actus reus, and whether respondents were bound by earlier particulars on batter angles; the court held time under s338(4) does not start until the authority is sure of its ground (here when lead adviser advised), that councils need not provide direct contemporaneous evidence of filling on the alleged date and need not prove specific consent condition breaches as part of the actus reu…