28 Apr 2022
GIFFORD v THE DISTRICT COURT OF NEW ZEALAND [2022] NZHC 851
- Citation
- [2022] NZHC 851
- Court
- High Court
The High Court declined judicial review because the case was not exceptional; the question under s 338(4) RMA of when the contravention became known is a factual judicial evaluation not governed by the criminal standard of proof and, if any evidential standard applies, it is the balance of probabilities; the District Court's factual findings that the charges were filed within time were open on the evidence and the judicial review application was dismissed.