Reserved decision — dog attack — owning or possessing a dog that attacked other persons — serious injury — absence of fault — exceptional circumstances — Dog Control Act 1996 s 58 — King v South Waikato District Council [2012] NZHC 2264. The defendant was appearing on trial after her dog lunged at and bit a veterinary surgeon on the arm, causing serious injury. This was the first time the defendant had visited this vet and there was evidence to suggest she was unaware of the vet's policy to keep dogs in the car until the vet could come out and assess whether the dogs may pose a threat. The defendant was waiting in the carpark when the complainant approached and stood 2 metres in front of the dog which was being held on a leash by the defendant's young child. The complainant was wearing a mask and speaking at a loud volume. The dog lunged forward and bit the complainant's arm causing serious injury. The judge noted that the complainant had not asked the defendant to return the dog back to the car before approaching. The judge reasoned that the complainant was responsible for determining how the situation should have been handled the moment she noticed the dog out of the car. She had the opportunity to take appropriate steps to exercise control, and in not doing so had put herself in a position where she was vulnerable to being attacked by an unknown dog. For these reasons, the defence of absence of fault was established and the charge was dismissed. Judgment Date: 12 July 2022