9 Dec 2021
JOHNSTON v AUCKLAND COUNCIL [2021] NZHC 3363
- Citation
- [2021] NZHC 3363
- Court
- High Court
Section 57(2) of the Dog Control Act 1996 is a strict liability public welfare offence; appellants failed to prove on balance of probabilities a total absence of fault or that the circumstances were exceptional under s57(3); the District Court judge did not err in law or in the assessment of evidence and there was no miscarriage of justice; convictions, fines, emotional harm payments and destruction order are affirmed.