29 Oct 2020
AUCKLAND COUNCIL v KYLE [2020] NZHC 2837
- Citation
- [2020] NZHC 2837
- Court
- High Court
The District Court judge erred by not applying s57(3) correctly and by effectively exercising an unavailable residual discretion; on the agreed facts the s57(3) exception did not apply and the dog should have been ordered destroyed; however because the respondent pleaded guilty in immediate reliance on the District Court's sentence indication the High Court, exercising its discretion under s252 CPA, granted leave to withdraw the guilty plea and remitted the matter to the District Court to re-plead.