6 Apr 2022
ALEXANDRA JOHNSTON AND GRAHAM WESLEY JOHNSTON v AUCKLAND COUNCIL _x000b_[2022] NZSC 40
- Citation
- [2022] NZSC 40
- Court
- Supreme Court
Leave to appeal was refused because the questions advanced were abstract and not fact‑bound, the strict liability nature of s57(2) is settled law and not sufficiently arguable to justify further appeal, s5(1)(g) does not create criminal liability relevant to s57(2), strict liability is compatible with s25(c) NZBORA given the requirement to prove actus reus and the availability of the absence of fault defence, and the statutory criteria for leapfrog leave including exceptional circumstances were not satisfied.