3 Dec 2021
AUCKLAND COUNCIL v CABLE BAY WINE LTD [2021] NZHC 3290
- Citation
- [2021] NZHC 3290
- Court
- High Court
The High Court held it had jurisdiction under s 296(3)(b) because the District Court's preliminary ruling operated as a dismissal/determination of the charges; the District Court erred by failing to purposively interpret 'another lot' and by conflating interpretation with burden — 85 Church Bay Road is 'another lot' for condition 25 and the measurements taken there could support the March and June 2018 charges; the District Court also erred in holding that the absence of the sound measurement file necessarily prevented application of a SAC (+5dB) where unchallenged evidence supported that adj…