4 Apr 2023
TAURANGA CITY COUNCIL v FRASER [2023] NZHC 723
- Citation
- [2023] NZHC 723
- Court
- High Court
The Judge erred by assessing the victim's conduct rather than whether the owner proved total absence of fault; the owner failed to prove there were literally no practical steps she could have taken (eg keeping the dog in the car or retaining the leash), therefore dismissal was quashed and matter remitted for sentencing.