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Zdrahal v Wellington City Council - [1995] 1 NZLR 700

$30.00

High Court Wellington
9, 10, 11 February; 16 December 1994
Greig J
Resource management — Abatement notices — Abatement notice requiring appellant to remove offensive signs — Whether abatement notice can require abatement of ongoing effects of previous activities or only ongoing activities — Resource Management Act 1991, ss 17 and 322.
Resource management — Adverse environmental effects — Swastika sign painted on appellant's house — Whether offensive or objectionable to such an extent as to have an adverse effect on the environment — Whether appellant's motives or intention relevant — Resource Management Act 1991, s 322.
Constitutional law — New Zealand Bill of Rights Act 1990 — Freedom of expression — Appellant claiming that swastikas painted on house were expressions of belief — Whether swastikas offensive and objectionable and adversely affecting the environment — Whether freedom of expression overridden by objectives of Resource Management Act 1991 — New Zealand Bill of Rights Act 1990, ss 5 and 14.

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