Court of Appeal Wellington
CA217/2023
30 April; 22 August 2024
French, Courtney and Collins JJ
CA217/2023
30 April; 22 August 2024
French, Courtney and Collins JJ
Dog control — Removal of “on convicting the owner” — No deliberate policy choice — Consequence of redrafting only — Opening words make clear destruction order only in proceedings under subs (2) — “offence” in both — Subsection (2) consequences for conviction for owner — Subsection (3) consequences for dog — Presupposes offence committed — Destruction is sentence — Only sentence if offence and conviction — Nothing in legislative history suggesting such significant change — “on conviction” specified for destruction for lesser offences — Perverse if not required s 57 — Dog Control Act 1996 s 57.
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