Smith v Auckland City Council - [1996] 1 NZLR 634

Resource management — Offences — Prosecution for using land in contravention of district plan — Whether prosecuting authority and Court required to take into account principles of Treaty of Waitangi and other matters of importance to Maori — Elements of offence — Resource Management Act 1991, ss 6, 7, 8 and 9.

Resource management — Offences — Prosecution for using land in contravention of district plan — Damaging scheduled tree with chainsaw — Whether walking or standing on land and wielding chainsaw constitutes "use of land" — Resource Management Act 1991, s 9.

Resource management — Designation of protected trees — Validity of designation — Whether designation can be challenged in context of prosecution for breach of district plan — Resource Management Act 1991, ss 83 and 84.

Maoris and Maori land — Treaty of Waitangi — Commission of offence under Resource Management Act 1991 — Whether prosecuting authority and Court required to take into account principles of treaty and other matters of importance to Maori — Resource Management Act 1991, s 8.