Agenda of Hearings Committee (Dog Hearing)

Hearings Committee (Dog Hearing)

Open Agenda

Meeting Date:

Thursday 5 April 2018

Time:

2.00pm

Venue:

Small Exhibition Hall

Napier Conference Centre

Marine Parade

Napier

Committee Members	Councillor Jeffery (In the Chair), Councillors Taylor, and White
Officer Responsible	Director City Strategy
Administration	Governance Team
	Next Hearings Committee (Dog Hearing) Meeting to be confirmed

Hearings Committee (Dog Hearing) - 05 April 2018 - Open Agenda Item 1

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:	455696
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 an animal being classified as a menacing dog under s33A of the Act, by Joe, Roliza and Devon Grobler, thus a hearing is required.

1.2 Status of Animal ID 175875

The dog is a neutered female, named “Rosie“, aged 2 years, 11 months. The dog is white in colour and breed is recorded as Staffordshire Bull Terrier Cross.

The dog was impounded on the 21 February 2017 after being found roaming on Hardinge road. The dog was then registered and microchipped on the 22 February 2017.

The dog was impounded on the 4 May 2017 after being found roaming on Shakespeare Road.

The dog was not registered for the 2017/18 registration year until 19 December 2017, this was due 31 July 2017.

1.3 Matters leading to classification

The dog was involved in an attack on another dog on 20 September 2017. The dog was not registered at the time of the attack.

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 on 5 December 2017. Attachment A is a copy of the Notice.

1.4 The Objection

A written objection was received by council on 19 December 2017 within the statutory 14 day objection period. Attachment B is a copy of Joe, Roliza and Devon Grobler’s objection.

1.5 Hearings Committee jurisdiction

In considering the objection, the Committee must have regard to the matters set out in section 33B of the Act. Section 33B states as follows;

33B Objection to classification of dog under section 33A

(1) If a dog is classified under section 33A as a menacing dog, the owner—

(a) may, within 14 days of receiving notice of the classification, object in writing to the territorial authority in regard to the classification; and

(b) has the right to be heard in support of the objection.

(2) The territorial authority considering an objection under subsection (1) 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

(c) the matters relied on in support of the objection; and

(d) any other relevant matters.

(3) The territorial authority must, as soon as practicable, give written notice to the owner of—

(a) its determination of the objection; and

(b) the reasons for its determination.

Officer’s Recommendation

That the matter be heard.

1.6 Attachments

a Notice of Classification of Dog as a Menacing Dog ⇩

b Objection to menacing dog classification ⇩