1 Aug 2019
MCDONALD and AGRICOLA ENTERPRISES LTD v MINISTRY FOR PRIMARY INDUSTRIES [2019] NZHC 1844
- Citation
- [2019] NZHC 1844
- Court
- High Court
The High Court upheld the convictions: independent veterinary examinations showing 186 of 516 cows (36%) with broken tails, the distribution and nature of injuries, and expert opinion that such a high incidence could not be explained by accident allowed a permissible inference of human mishandling beyond reasonable doubt; the trial Judge did not reverse the burden of proof; the contested Canterbury torque study was not necessary to the outcome; time‑barred prior injuries were admissible for their high probative value as propensity evidence; director liability under s165 was established by his…