18 Sept 2020
DNS FOREST PRODUCTS (2009) LIMITED v GISBORNE DISTRICT COUNCIL [2020] NZHC 2437
- Citation
- [2020] NZHC 2437
- Court
- High Court
The parity principle in s8(e) did not apply because co-defendants A&R and Logic were not convicted or otherwise dealt with following a finding of guilt; prosecutorial withdrawals cannot be second-guessed and their culpability could not be assessed. DNS, as the consent holder, had ultimate responsibility and was culpable for failing over five months to remedy obvious post-harvest defects, so a discharge without conviction was not justified and the District Court sentence (fine and reparation) was upheld.