Appendix 4: Schedule of appeals for second period

1

Auckland Regional Council v AFFCO Allied Products Ltd [HC Auckland, A 124/01, 21/09/01, Glazebrook J.]

Contravention of section 15(1)(b). Discharge of chloride, ammonia, grease, odour, scum, oil from a fellmongery/tannery.

Fines of $7,000 each for three charges, total of $21,000.

Defendant appealed sentence. Fine reduced to $5,000 per charge, total of $15,000.

2

Auckland Regional Council v Conway, Cash for Scrap Ltd and Millennium Investments Ltd [Supra at note.]

Contravention of section 15(1)(b), abatement notices and an enforcement order. Defendants operated a scrap yard without a resource consent. Oil and other contaminants had been discharged from the activity.

Conway - three months imprisonment, Cash for Scrap fined $25,000 and Millennium Investments fined $15,000.

All three defendants appealed the sentence. Appeal dismissed.

3

Waitakere City Council v A Borrett and S Borrett [DC Auckland, T030471, 29/10/03, Judge McElrea; CA, CA422/03, 4/12/03, Tipping, Panckhurst & Salmon J.]

Contravention of Interim enforcement order and section 9(1) - earthworks. Jury trial.

Mrs Borrett - total fine of $9,000 plus costs of $3,500.

Mr Borrett - imprisonment for 20 weeks and costs of $5,000.

Mr Borrett appealed sentence. Sentence reduced from 20 weeks imprisonment to 12 weeks and the order for costs quashed.

4

Auckland City Council v Selwyn Mews Ltd, Screen and Kells [Supra at note.]

Contravention of enforcement order in that retaining walls were not constructed as required by that order. The development was a major residential development.

Selwyn Mews Ltd, the developer was fined $12,500.

Kells is the sole director of Selwyn Mews Ltd was fined $12,500.

Screen the project manager was fined $7,500.

All three defendants appealed the sentence. Appeal dismissed.

5

Canterbury Regional Council v Bruce [DC Timaru, CRN 3045005389, 30/07/04, Judge Smith; HC Timaru, 6/04/05, CRI2004-476-15, Panckhurst J.]

Contravention of section 14(1)(a) - taking water for irrigation.

Fine of $6,000 and costs of $1,044.

Defendant appealed conviction and sentence.

The defendant was discharged without conviction and the costs award was increased from $1,044 to $6,000.