29 May 2020
INGLE v AUCKLAND COUNCIL [2020] NZHC 1164
- Citation
- [2020] NZHC 1164
- Court
- High Court
Conviction is not a prerequisite to an order for destruction under s57(3); the statutory text and the 2003 amendments indicate the court must consider the immediate circumstances of the attack and, absent exceptional circumstances rendering repeat risk remote, order destruction; applying that test here the circumstances were not exceptional and the destruction order and refusal to discharge without conviction were correctly made.