3 Jul 2018
EASTHOPE v AUCKLAND COUNCIL [2018] NZCA 234
- Citation
- [2018] NZCA 234
- Court
- Court of Appeal
Leave for a second appeal was declined because the issues raised did not disclose a matter of general or public importance and would not affect the outcome on the facts; the s 57(3) requirements are cumulative (circumstances of the offence must be exceptional and the court must be satisfied destruction is not warranted), and on these facts the circumstances were not exceptional and there was no post‑offence evidence of measures to reduce future risk, so denial of leave was appropriate under s 253(3).