31 Aug 2021
VAN DELDEN v WAITAKI DISTRICT COUNCIL [2021] NZHC 2264
- Citation
- [2021] NZHC 2264
- Court
- High Court
The High Court held that a conviction under s57(2) is not a prerequisite to a destruction order under s57(3); the court retained power to make the mandatory destruction order after the District Court's dismissal because the omission to make the order could be corrected under the statutory corrective power (s180 CPA) and functional finality did not oust jurisdiction where an order was legally required; natural justice was satisfied because the actual owner was able to give evidence and make submissions; on the facts the circumstances were not 'exceptional' and the destruction order was properl…