7 Aug 2023
WHITE v AUCKLAND COUNCIL [2023] NZHC 2080
- Citation
- [2023] NZHC 2080
- Court
- High Court
Although the District Court erred in considering prior history as part of the circumstances, under Auckland Council v Hill the focus is on whether the immediate circumstances of the attack were exceptional; here the dogs were off‑lead, got ahead of the owner and attacked livestock—facts that are not exceptional—so destruction under s 57(3) was mandatory; no material error on appeal justified substituting the sentence, therefore the destruction orders are upheld.