25 Mar 2004
GILLIES WAIHEKE LIMITED And Ors V THE AUCKLAND CITY COUNCIL CA CA284/03
- Citation
- openlaw-3871816f_5849_43b7_bec5_d9404add5b92.pdf
- Court
- Court of Appeal
An objective reading of the consent and accompanying plans, including the notation "approximately 765 m3 proposed" and the express condition that works be carried out in accordance with submitted information and plans, imposed an upper limit of 765 m3 of earthworks; the appellants did not prove on the balance of probabilities that larger earthworks were expressly allowed, so convictions under s9(1)(a) were upheld.