1 Jun 2007
SIMPSON V KAWERAU DISTRICT COUNCIL HC ROT CIV 2006-463-000528
- Citation
- openlaw-cab01650_d8b7_4976_9110_69d9e4650039.pdf
- Court
- High Court
The Court upheld the Council's classification because there was sworn evidence attesting to aggressive behaviour and reasonable grounds for the Council to believe the dog constituted a threat; the Council was entitled to rely on the prosecutor's report and to prefer materially consistent sworn testimony, the pendency and later quashing of the Magistrates' conviction did not invalidate the separate statutory classification, and therefore the resultant infringement notice remained valid.