12 Mar 2020
AUCKLAND COUNCIL v HILL [2020] NZCA 52
- Citation
- [2020] 3 NZLR 603
- Court
- Court of Appeal
The Court held that for s 57(3) the relevant "circumstances of the offence" are the immediate circumstances of the attack itself (equivalent to "circumstances of the attack"); events occurring after the attack (post‑attack training, changed management, assurances) are not part of those circumstances and therefore cannot justify avoiding a destruction order; on the facts the attack was unprovoked and nothing exceptional justified not ordering destruction.