23 Jun 2020
ROBERTS v OTAGO REGIONAL COUNCIL [2020] NZHC 1429
- Citation
- [2020] NZHC 1429
- Court
- High Court
The High Court dismissed the conviction appeal because the Crown expert evidence, supported by factual findings about the mine's size, lack of mitigation, and defective water control, legitimately allowed the inference that mine runoff contaminated the tributary; the $60,000 fine was upheld as within sentencing discretion; however the District Court's above‑scale costs award was unjustified under s13(3) and was quashed and replaced with an award limited to scale solicitor costs and standard witness fees.