30 Nov 2023
WALLING v WAIKATO REGIONAL COUNCIL [2023] NZHC 3437
- Citation
- [2023] NZHC 3437
- Court
- High Court
The High Court dismissed the appeal: the RMA does not mandate lower monetary fines for individuals because the maximum penalties must be read with the availability of imprisonment for natural persons; the sentencing Judge did not err in law or principle in applying a 10% uplift for prior related non‑compliance and assessing culpability based on the appellant's knowledge and management role; the $96,000 fine on the appellant was not manifestly excessive given seriousness, environmental and cultural effects, and deterrence objectives.