Monthly Archives: August 2024

The Court of Appeal upholds Telford v Auckland Council: a conviction is a pre-condition for a dog destruction order

Posted on August 27, 2024 by Vernon Tava

[1] Is the conviction of a dog’s owner for an offence under s 57(2) of the Dog Control Act 1996 (the Act) a precondition for making an order for the destruction of the dog under s 57(3)? [2] That is … Continue reading →

Posted in Animal Law, Discharge without conviction, Dog Control Act 1996, Law, Sentencing | Tagged , , , , , , , , , , , , , , , | 2 Comments

Failing to stop or remain stopped – disqualification and confiscation

Posted on August 21, 2024 by Vernon Tava

The offence of failing to stop a vehicle or remain stopped is a common criminal offence that often accompanies other traffic charges. A conviction for this offence can result in a lengthy period of disqualification from holding or obtaining a … Continue reading →

Posted in Land Transport Act 1998, Law, Sentencing | Tagged , , , , , , , , , , , , , | Leave a comment

Consideration of the Impact of Imprisonment on Children in Sentencing: recent New Zealand Supreme Court and Court of Appeal cases

Posted on August 20, 2024 by Vernon Tava

The Supreme Court and Court of Appeal have, in recent decisions, explicitly recognised the impact of imprisonment of parents of young children; both on their children and on the prisoners’ own rehabilitative prospects. The cases discussed here are: Philip v … Continue reading →

Posted in Law, Sentencing | Tagged , , , , , , , , , , , , | Leave a comment

Telford v Auckland Council [2023] NZHC 31: exceptions to mandatory dog destruction orders

Posted on August 12, 2024 by Vernon Tava

UPDATE: This decision has been upheld in a Solicitor-General’s Reference. I have written about that here. Introduction Since the 2020 Court of Appeal decision of Auckland Council v Hill [2020] NZCA 52, [2020] 3 NZLR 603, the law has been … Continue reading →

Posted in Animal Law, Dog Control Act 1996, Law, Sentencing | Tagged , , , , , , | 1 Comment

Bolea v R [2024] NZSC 46: the Supreme Court of New Zealand clarifies the position on liability to deportation in applications for discharge without conviction

Posted on August 7, 2024 by Vernon Tava

Discharge without conviction A discharge without conviction under sections 106 and 107 of the Sentencing Act 2002 is a sentencing option that allows a defendant to avoid the entry of a criminal conviction on their record. It is deemed to … Continue reading →

Posted in Discharge without conviction, Law, Sentencing | Tagged , , , , , | 1 Comment

The (extremely limited) Recognition of Animal Sentience in the Law in New Zealand

Posted on August 3, 2024 by Vernon Tava

I recently went to a seminar by Associate Professor Marcelo Rodriguez-Ferrere, put on by the Auckland University Animal Law Association, about the recognition of animal sentience in New Zealand law. The recognition of the concept ‘animal sentence’ was made in … Continue reading →

Posted in Animal Law, Law | Tagged , , , , | 1 Comment