22 Jun 2012
BURRELL DEMOLITION LIMITED V WELLINGTON CITY COUNCIL HC WN CIV-2010-485-2310
- Citation
- openlaw-529c02ce_a5f7_416b_8201_46a8b4cad24e.pdf
- Court
- High Court
The High Court held (a) the councils did not know and should not be treated as knowing of the contraventions until 23 December 2008 when the lead consultant finalised the RL datum and compiled the final report, so the informations were timely under s338(4); (b) evidence of ongoing landfilling (14 Aug 2008 survey, subsequent site visits, and admissions) permitted an irresistible inference that landfilling occurred on or about the charged date; (c) because statutory provisions and consent conditions put the burden on the appellants to prove on the balance of probabilities that activities were e…