25 Jul 2019
FULTON HOGAN LIMITED v CANTERBURY REGIONAL COUNCIL [2019] NZHC 1767
- Citation
- [2019] NZHC 1767
- Court
- High Court
Charging documents that identify the substance or pith of the alleged offending under s 338 RMA and the relevant contraventions comply with s 17(4) CPA despite omission of an explicit reference to s 340; s 340 imputes vicarious liability but does not create a separate offence and s 340(2) defences apply even where charging documents do not expressly reference s 340; defects in particulars can be remedied by orders under s 18 or amendment under s 133 and s 379 protects against dismissal absent a miscarriage of justice.