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Hearings Committee (Dog Hearing) - 22 June 2018 - Attachments
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Item 1 Attachments a |
(Dog Hearing)
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Meeting Date: |
Friday 22 June 2018 |
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Time: |
2.00pm |
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Venue: |
Council Chambers Hawke's Bay Regional Council Napier |
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Committee Members |
Councillor Jeffery (In the Chair), Councillors Taylor and Wright |
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Officer Responsible |
Director City Strategy |
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Administration |
Governance Team |
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Next Hearings Committee (Dog Hearing) Meeting to be confirmed
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Hearings Committee (Dog Hearing) - 22 June 2018 - Open Agenda
ORDER OF BUSINESS
Apologies
Nil
Conflicts of interest
Public forum
Nil
Announcements by the Chairperson
Announcements by the management
Agenda items
1 OBJECTION TO CLASSIFICATION OF DOG UNDER SECTION 33A OF THE DOG CONTROL ACT 1996 – Pampa (2pm).................................................................................................................. 3
2 OBJECTION TO CLASSIFICATION OF DOG UNDER SECTION 33A OF THE DOG CONTROL ACT 1996 – Molly (3pm)..................................................................................................................... 7
Hearings Committee (Dog Hearing) - 22 June 2018 - Open Agenda Item 1
1. OBJECTION TO CLASSIFICATION OF DOG UNDER SECTION 33A OF THE DOG CONTROL ACT 1996
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Type of Report: |
Legal |
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Legal Reference: |
Dog Control Act 1996 |
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Document ID: |
486727 |
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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 by Marianela Guerra in response to an animal being classified as a menacing dog under s33A of the Act, thus hearing is required.
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1.2 Status of Animal ID 174154
The dog is a neutered male, named “Pampa”, aged 1 year, 7 months. The dog is black in colour and the breed is recorded as a Retriever, Labrador cross.
The dog was first registered on the 24 May 2017 and was registered for the 2017/18 registration year.
1.3 Matters leading to classification
The dog was involved in an attack on sheep at Dolbel Reserve on the 3rd of February 2018.
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 13 April 2018. Attachment A is a copy of the Notice.
1.4 The objection
A written objection was received by council on the 27 April 2018 within the statutory 14 day objection. Attachment B is a copy of the 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.
1.6 Officers Recommendation
That the matter be heard.
a Notice of classification of dog as a menancing dog ⇩
b Objection to menancing dog classification ⇩
2. OBJECTION TO CLASSIFICATION OF DOG UNDER SECTION 33A OF THE DOG CONTROL ACT 1996
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Type of Report: |
Legal |
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Legal Reference: |
Dog Control Act 1996 |
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Document ID: |
484879 |
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Reporting Officer/s & Unit: |
Richard Munneke, Director City Strategy |
2.1 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 by Judith Connolly in response to an animal being classified as a menacing dog under s33A of the Act, thus a hearing is required.
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2.2 Status of Animal ID 177699
The dog is a female named “Molly”, aged 7 years old. The dog is a Golden retriever of gold colouring.
The dog is registered.
2.3 Matters leading to classification
The dog was involved in an attack on a person on the 30th January 2018 at The Esplanade, Westshore, Napier.
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.
2.4 The Objection
A written objection was received by Council on the 11 May 2018. Attachment B is a copy of the objection.
2.5 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.
2.6 Officer’s Recommendation
That the matter be heard.
a Notice of classification of dog as a menacing dog ⇩
b Objection to menacing dog classification ⇩
