Leao v Auckland City Council

[2014] NZHC 2078

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2014-404-000094 [2014] NZHC 2078

BETWEEN

TEVITA POHIVA LEAO

Appellant

AND

AUCKLAND CITY COUNCIL Respondent

Judgment:                29 August 2014

JUDGMENT OF COURTNEY J

This judgment was delivered by Justice Courtney on 29 August 2014 at 4.00 pm

pursuant to R 11.5 of the High Court Rules

Registrar / Deputy Registrar

Date………………………..

LEAO v AUCKLAND CITY COUNCIL [2014] NZHC 2078 [29 August 2014]

[1]      In my decision 26 August 2014 I allowed Mr Leao’s appeal against the order that his dog Pepper be destroyed.  I also indicated that if he were able to produce a medical certificate showing that he was, in fact, unwell on the day of the District Court hearing, which proceeded in his absence, then I would allow his appeal against conviction.

[2]      Mr Leao has now provided a copy of the certificate from his doctor showing that  he  was  medically  unfit  from  6-9 April  2014.    The  District  Court  hearing proceeded on 7 April 2014.  In other circumstances I would order a retrial.  However, I do not intend to quash the reparation order that was made so the owners of the dog that Pepper attacked will not be out of pocket.  Given all of the other circumstances it seems an unnecessary use of the Court’s resources to order a retrial.

[3]      Mr Leao’s appeal against conviction is allowed.  The conviction is quashed

but the reparation order is unaffected.

P Courtney J