Agenda of Hearings Committee (Dog Hearing)

NAPIER CITY COUNCIL

Civic Building

231 Hastings Street, Napier

Phone: (06) 835 7579

www.napier.govt.nz

Hearings Committee (Dog Hearing)

Open

Agenda

Meeting Date:

Thursday 24 August 2017

Time:

2.00pm

Venue:

Boardroom

Napier Conference Centre

Marine Parade

Napier

Council Members	Councillor Jeffery (In the Chair), Councillors Brosnan and Wright
Officer Responsible	Director City Strategy
Administrator	Governance Team

Next Hearings Committee (Dog Hearing) Meeting

to be confirmed

Hearings Committee (Dog Hearing) – 24 August 2017 – Open Agenda

Agenda Items

1. Objection to classification of dog under Section 33A of the Dog Control Act 1996

*Type of Report:*	Legal
*Legal Reference:*	Dog Control Act 1996
*Document ID:*	381697
*Reporting Officer/s & Unit:*	Richard Munneke, Director City Strategy

1.1 Purpose of Report

The Hearings Committee has been delegated, by Council, the power to hear, consider and decide objections made under section 33B of the Dog Control Act 1996 (‘the Act’). An objection has been made in response to a an animal being classified as a Menacing Dog, therefore a hearing is required.

Status of Animal ID 172331

The dog is a neutered female, named ‘Paige’, aged 7 years, 5 months; it is white and tan in colour. Paige’s breed is recorded as Jack Russell Terrier.

Paige was registered and microchipped in Napier on 16 March 2012, transferring from Tararua District Council.

Paige was impounded and returned on the 18 May 2016, Attachment A.

Matters leading to Classification

The dog was involved on an attack on Poultry on the 16 May 2017.

Pursuant to section 33A(1)(b) of the Act, the Council may classify a dog as menacing if they consider the dog may pose a threat to any person, stock, poultry, domestic animal, or protected wildlife because of (i) any observed behaviour of the dog.

Pursuant to section 33A(1)(b) of the Act, the Council issued a Notice of Classification of Dog as a Menacing Dog to Ms Sturm on 24 June 2017. Attachment B is a copy of the Notice.

The Objection

Ms Sturms written objection was received by Council on 31 May 2017; accordingly the objection was received within the statutory 14 day objection period. Attachment C is a copy of Ms Sturm’s objection.

The objections lists 4 reasons;

1. The roaming will not recur

2. Organising for aversion therapy regards chickens

3. Never menanced any human or other dog

4. When exercising dog is on lead and under full control

Hearings Committee jurisdiction

The Committee in considering an objection under section 33B of the Act may uphold or rescind the classification and in making its determination must have regard to:

(a) the evidence which formed the basis for the classification; and

(b) any steps taken by the owner to prevent any threat to the safety of persons or animals; and

(d) any other relevant matters.

Officer’s Recommendation

That the matter be heard.

1.2 Attachments

a Impound Service Request 163292 ⇩

b Notice of Classification of dog as a Menancing Dog ⇩

c Marion Sturm written objection ⇩

d Section 33A of Dog Control Act 1996 ⇩

e Section 33B of Dog Control Act 1996 ⇩

f Section 33E of Dog Control Act 1996 ⇩

g Section EC of Dog Control Act 1996 ⇩

Hearings Committee (Dog Hearing) – 24 August 2017 – Open Agenda

03 NCC Logo Text and Crest Owner No: 325857

24 May 2017

Marion Sturm

36 Churchill Drive

Taradale

Napier 4112

Dear Mrs Sturm

NOTICE OF CLASSIFICATION OF A DOG AS A MENACING DOG

Section 33A, Dog Control Act 1996

Dog: Paige, Terrier, Jack Russell,

This is to notify you* that this dog has been classified as a menacing dog under Section 33A of the Dog Control Act 1996. This is because Council considers it may pose a threat to any person, stock, poultry, domestic animal or protected wildlife because of:

1. (b) (i) any observed or reported behaviour of the dog, Council may, for the purpose of Section 33E (1) (a), classify a dog to which this section applies as a menacing dog.

A summary of the effect of the classification and your right to object is provided overleaf.

There is also a payment of $66.00 compensation to be paid to the owner of the poultry killed or euthanized as a result of your dog’s actions which as agreed will be paid via Animal Control to the persons owning the livestock. This letter will act as a receipt for payment received from you to be forwarded by myself.

Amount received $66.00 signed: Date received:

Payment received of $66.00 Name Signature: Date:

Yours faithfully

Vanessa Gray

Animal Control Officer

*For the purposes of the Dog Control Act 1996, you are the owner of a dog if:

 You own the dog; or

 You have the dog in your possession (otherwise than for a period not exceeding 72 hours for the purpose of preventing the dog causing injury, or damage, or distress, or for the sole purpose of restoring a lost dog to its owner); or

 You are the parent or guardian of the person under 16 years of age who is in possession of the dog and who is a member of your household living with and dependent on you.

Effect of Classification as Menacing Dog

Sections 33E, 33F and 36A, Dog Control Act 1996

You:

a. Must not allow the dog to be at large or in any public place or in any private way (other than when confined completely within a vehicle or cage) without the dog being muzzled in such a manner as to prevent the dog from biting but to allow it to breathe and drink without obstruction; and

b. Must produce to Council, within one month after receipt of this notice, a certificate issued by a registered veterinary surgeon certifying:

i. That the dog is or has been neutered; or

ii. That for reasons that are specified in the certificate, the dog will not be in a fit condition to be neutered before a date specified in the certificate; and

c. Where a certificate under paragraph (b) (ii) is produced to Council, produce to Council, within one month after the date specific in that certificate, a further certificate under paragraph (b) (i).

You will commit an offence and be liable on conviction to a fine not exceeding $3,000 if you fail to comply with all of the matters in paragraphs (a) to (c) above. A dog control officer or dog ranger may seize and remove the dog from you if you fail to comply with all of the matters in paragraphs (a) to (c) above. The officer or ranger may keep the dog until you demonstrate that you are willing to comply with paragraphs (a) to (c).

You are also required, for the purpose of providing permanent identification of the dog, to arrange for the dog to be implanted with a functioning microchip transponder. This must be confirmed by making the dog available to Council in accordance with the reasonable instructions of Council for verification that the dog has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location.

You will commit an offence and be liable on conviction to a fine not exceeding $3,000 if you fail to comply with this requirement within 2 months after the dog is classified as menacing.

If the dog is in possession of another person for a period not exceeding 72 hours, you must advise that person of the requirement to not allow the dog to be at large or in any public place or in any private way (other than when confined completely within a vehicle or cage) without the dog being muzzled in such a manner as to prevent the dog from biting but to allow it to breathe and drink without obstruction. You will commit an offence and be liable on conviction to a fine not exceeding $500 if you fail to comply with this requirement.

Full details of the effect of the classification of a dog as menacing are provided in the Dog Control Act 1996.

Right of Objection to Classification under Section 33C

Sections 33B, Dog Control Act 1996

You may object to the classification of your dog as menacing by lodging with Council a written objection addressed to the Team Leader, Animal Control, within 14 days of receipt of this notice setting out the grounds on which you object.

You have the right to be heard in support of your objection and will be notified of the time and place at which your objection will be heard.

Hearings Committee (Dog Hearing) – 24 August 2017 – Open Agenda

From: Marion Sturm <marion.s@clear.net.nz>

Sent: Saturday, 1 July 2017 14:12

To: Lance Titter

Subject: muzzling of Paige 167245

Follow Up Flag: Follow up

Flag Status: Completed

Paige is a Jack Russel who hunts rats, mice, rabbits and cockroaches and unfortunately after 6 years of living on the property managed to find and kill a chiken and injure 2 others who were not properly contained as per the city bylaws. I accept full responsibility that she was roaming and it will not recur. I am also organising for paige to have aversion therapy as regards chickens.

She regularly visits the aged at Atawhai residential care, has never menaced any human or other dog and is very social. WHen exercising her she is now always on a lead where I have full control and she is unable to chase anything let alone chickens. Her favourite exercise is retrieving sticks in the river which is impossible when she is muzzled.

I really would like you to rescind the muzzle wearing condition.

Sincerely

Marion Sturm

Other related info ...

Speyed 24/ 8/2012 at Carlyle Vet Clinic

Chipped 16/3/2012 SPCA Napier 941000013467778