19 May 2021
VORTAC NEW ZEALAND LIMITED v R [2021] NZCA 200
- Citation
- [2021] NZCA 200
- Court
- Court of Appeal
The Court held that the Council's alleged unlawful discharge of stormwater was irrelevant to the defendants' guilt for constructing works in a floodable area and breaching abatement notices; s 83 RMA precludes collateral challenges to a district plan in prosecution proceedings; the trial judge did not err in excluding evidence or in directions to the jury; convictions therefore stand; the sentencing of Mr Ottaway contained an arithmetical error which the Court corrected and substituted fines totalling $24,750; enforcement order requiring removal of the retaining wall and earthworks is upheld.