30 Jan 2020
STAN SEMENOFF LOGGING LTD v NEW ZEALAND TRANSPORT AGENCY [2020] NZHC 40
- Citation
- [2020] NZHC 40
- Court
- High Court
The District Court did not err in law: the NZTA's methodology assessing unpaid RUC by reference to what a compliant operator would have paid is an "appropriate" method under s68 because the Act places the onus on operators to hold correct licences, RUC rates already embody proportionality via a cost allocation model and tolerances, and neither the availability of GPS/weighbridge data nor permit availability nor industry non‑compliance converts that policy question into a legal error; further evidence was not admitted because no very special reasons existed for an appeal on a question of law.