21 Apr 2021
MCLAUGHLIN v ROTORUA LAKES COUNCIL [2021] NZHC 845
- Citation
- [2021] NZHC 845
- Court
- High Court
The High Court upheld the District Court's finding that the circumstances were not exceptional: a gate left open through ordinary carelessness (even by a third party fleeing police) does not render the risk of repetition remote, and the owner's lack of additional protective measures despite prior attacks supported destruction under s57.
- Destruction order under s57
- Exceptionality test
- Failure to comply with dangerous/menacing classification
- Third‑party negligence/novus actus
- Sentencing appeal