[2022] NZEnvC 027 Vortac New Zealand Limited v Western Bay of Plenty District Council [pdf, 209 KB]
...of the retaining wall and all associated structures and materials on the site. The enforcement order was made as a part of the sentence under s 339(5) of the RMA. It was made on 30 January 2020. [3] Both the conviction and the sentence were appealed by Vortac. In its decision in Vortac New Zealand Ltd and others v R [2021] NZCA 200 dated 19 May 2021, the Court of Appeal dismissed the appeal. In relation to the enforcement order, the Court of Appeal said: [57] Notwithstanding t...