28 Mar 2023
HETHERINGTON v FAR NORTH DISTRICT COUNCIL (Appeal against conviction and sentence) [2023] NZHC 641
- Citation
- [2023] NZHC 641
- Court
- High Court
The trial judge's factual and credibility findings that both dogs attacked were not demonstrably erroneous; the photographic evidence and rapid sequence of events supported those findings. Applying the two-step test from Auckland Council v Hill, the immediate circumstances of the attack were not exceptional and did not make the risk of a repeat attack remote; therefore s 57(3) required an order for destruction of Louie and the destruction order was upheld.