27 Jan 2022
DING v AUCKLAND COUNCIL [2022] NZHC 45
- Citation
- [2022] NZHC 45
- Court
- High Court
Even assuming the proposed affidavits and expert evidence were credible and could be treated as fresh, the facts and expert opinion would not demonstrate 'exceptional' circumstances under s 57(3) – the factors relied on were common in off‑leash parks and did not render the risk of repetition remote; admission of the evidence would not have affected the outcome, so fresh evidence was refused and the appeal dismissed, upholding the destruction order.