25 Mar 2004
GILLIES WAIHEKE LIMITED And Ors V THE AUCKLAND CITY COUNCIL CA CA284/03
- Citation
- openlaw-3bb62c8a_e30d_41e3_b1ff_70d92e845a6c.pdf
- Court
- Court of Appeal
Read objectively, the notation 'approximately 765 m3 proposed' on the submitted plan, coupled with the consent condition requiring work in accordance with the submitted information and plans, imposed an upper limit on earthworks authorised by the consent; appellants failed to prove on the balance of probabilities that the earthworks carried out were expressly allowed, so convictions were upheld.