Fugle v Cowie - [1998] 1 NZLR 104

Resource management — Offences — Excavating and depositing material in stream bed — Defence that work necessary to prevent serious damage to property or an adverse effect on environment — Whether necessity viewed objectively or subjectively — Whether necessity included considerations of time and proportion — Resource Management Act 1991, ss 13, 341(2)(a) and 338(1)(a).

Resource management — Offences and penalties — Excavating and depositing material in stream bed — Level of fine — Fine for employee acting under employer's instructions — Resource Management Act 1991, s 339.