25 Jun 2021
HAENGA v PORIRUA CITY COUNCIL [2021] NZHC 1549
- Citation
- [2021] NZHC 1549
- Court
- High Court
The High Court held the Dog Control Act offences are strict liability subject to a total absence of fault defence and the Fairweather 'control' test is not a statutory element; on the facts the appellant summoned his dog to attack while he was the aggressor so there were no exceptional circumstances and both conviction and destruction order were upheld.