New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

S 13 rma (works in river bed)
  • 24 Jun 2021

    RUTHERFORD v CANTERBURY REGIONAL COUNCIL [2021] NZHC 1506

    Citation
    [2021] NZHC 1506
    Court
    High Court

    Leave to appeal out of time was granted in respect of the s 13 convictions because the intervening superior court decisions showed the convictions could not have succeeded in law, the issue had been raised from the outset and delay was explained; the s 13 convictions were quashed and acquittals entered; the s 15 conviction was unaffected by the changed law and the application to appeal it out of time was dismissed.

    • Definition of river bed
    • S 13 rma (works in river bed)
    • S 15 rma (discharge to water)
    • Leave to appeal out of time
    • Guilty pleas and miscarriage of justice
    • Finality of convictions