James Charles Morris Parlane v Waipa District Council - SC 53/2006

Criminal – third appeal against conviction and sentence – breaches of fire control bylaw – reference in bylaw to incinerator standard “withdrawn” by Standards New Zealand before bylaw passed – whether this reference invalidated part or whole of bylaw or took applicant outside its reach – severability of subparagraph including reference – whether Court of Appeal wrong to hold that a local authority may consider a revoked standard to be appropriate for its practical purposes – Court of Appeal emphasised that applicant has brought separate public law proceedings seeking quashing of bylaw – whether Court of Appeal wrong to conclude that severance of subparagraph by High Court, whether or not appropriate, unnecessary because bylaw valid on evidence before it – applicant also seeking reversal of costs order in District Court under Costs in Criminal Cases Act 1967. CA 319/05  6 July 2006