Court of Appeal Wellington
29 March; 17 May 1994
Cooke P, Casey, Gault, McKay and Fisher JJ
29 March; 17 May 1994
Cooke P, Casey, Gault, McKay and Fisher JJ
Resource Management — Offences and penalties — Strict liability — Discharge of contaminant — Defendant responsible for construction and operation of waste disposal plant — Constructed without engineering advice — Failure of plant resulting in escape of contaminant — Whether "allow to escape" in definition of "discharge" means awareness of actual discharge or of facts from which escape could be expected — Whether offence one of strict liability — Resource Management Act 1991, ss 15, 338 and 341.
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