Machinery Movers Ltd v Auckland Regional Council - [1994] 1 NZLR 492

Resource management — Offences and penalties — Whether tariffs under former legislation relevant — Philosophy of Act — Principles of sentencing — Economic and educative goals of sentencing — Emphasis on avoidance of adverse effects on environment — Resource Management Act 1991, ss 2, 5, 7, 15, 314, 339 and 340.

Resource management — Offences and penalties — Whether fine commensurate with damage to environment — Whether level of fine would put company at risk — Power to order payment by instalments — Requirement that company issue environmental compliance notice to employees — Resource Management Act 1991, ss 314 and 339 - Summary Proceedings Act 1957, ss 83 and 121(3)(b)(iii).

Resource management — Offences and penalties — Whether the cost of expert witnesses was solely or principally for the purpose of instituting or carrying out the prosecution — Whether proper to make separate order for payment or whether payable directly to experts — Resource Management Act 1991, ss 314(1)(d) and 342(3) - Costs in Criminal Cases Regulations 1987.