15 May 2020
SOWMAN v MARLBOROUGH DISTRICT COUNCIL [2020] NZHC 1014
- Citation
- [2020] NZHC 1014
- Court
- High Court
Disputed facts hearings are not 'trial' evidence for s24(1)(a); reliance on evidence from a disputed facts hearing is permissible only where the statutory disputed facts process authorises it and the specific disputed facts are determined; here any error in relying on disputed-hearing material did not materially affect the assessment of culpability or the outcome under s106; the s106 threshold was not met; the sentence (fine $18,000 and $1,000 solicitor's costs) fell within the available range and was not manifestly excessive and is therefore upheld.