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Carol Margaret Down v The Queen - SC 48/2011

Media releases

Summary

Criminal Appeal – Resource Management Act 1991 – Summary Proceedings Act 1957 – Applicant convicted of four counts of discharge of a contaminant under s 15 RMA – Whether s 15 discharge offences are infringement offences as defined in s 2(1) SPA and therefore required leave of District Court Judge or Registrar to lay informations under s 21 SPA and also s 78A SPA applicable – Whether Court of Appeal correct to find prosecution saved in any case by s 204 SPA and did not result in a nullity.[2011] NZCA 119  CA 819/2009

Result

Leave to appeal is granted.
The approved grounds are:
(i) whether the laying of the informations on the discharge counts required leave of a District Court Judge or Registrar under s 21 of the Summary Proceedings Act 1957; and
(ii) if so, whether in the absence of such leave prior to the laying of the informations the proceedings were validated by s 204 of that Act.
5 August 2011
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Appeal dismissed.
3 April 2012

Related Documents

Leave judgment - leave granted — sc 48 2011 carol margaret down v the queen (PDF 7 KB)

Substantive judgment — sc 48 2011 carol margaret down v the queen (PDF 154 KB)

Additional Information

Transcript Hearing date : 29 November 2012
Elias CJ, Blanchard, McGrath, William Young, Gault JJ.