(Dog Hearing)
Meeting Date: |
Friday 17 August 2018 |
Time: |
2.00pm |
Venue: |
Council Chamber |
Committee Members |
Councillor Jeffery (In the Chair) Councillors Taylor and Wright |
Officer Responsible |
Director City Strategy |
Administration |
Governance Team |
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Next Hearings Committee (Dog Hearing) Meeting to be confirmed
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Hearings Committee (Dog Hearing) - 17 August 2018 - Open Agenda
ORDER OF BUSINESS
Apologies
Nil
Conflicts of interest
Announcements by the Chairperson
Announcements by the management
Agenda items
1 OBJECTION TO CLASSIFICATION OF DOG UNDER SECTION 31 OF THE DOG CONTROL ACT 1996 2
Hearings Committee (Dog Hearing) - 17 August 2018 - Open Agenda Item 1
1. OBJECTION TO CLASSIFICATION OF DOG UNDER SECTION 31 OF THE DOG CONTROL ACT 1996
Type of Report: |
Legal |
Legal Reference: |
Dog Control Act 1996 |
Document ID: |
602889 |
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 31 of the Dog Control Act 1996 (‘the Act’).
An objection has been made by Marna Baxter in response to an animal being classified as a dangerous dog under s31 of the Act, thus hearing is required.
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1.2 Status of Animal ID
The dog is a male, named “Wolf”, aged 5 years. The dog is a white Siberian Husky. The dog does not usually reside in the Napier City Council territorial authority area.
The dog was first registered on the 19 April 2017 and is registered by the South Waikato District Council for the 2018/19 registration year.
1.3 Matters leading to classification
The dog was involved in an attack on another dog within the confines of the Napier Dog Park in Taradale on the 12th March 2018.
Pursuant to section 31(1)(b) of the Act, the Napier City Council must classify dog as dangerous if - the territorial authority has, on the basis of sworn evidence attesting to aggressive behaviour by the dog on 1 or more occasions, reasonable grounds to believe that the dog constitutes a threat to the safety of any person, stock, poultry, domestic animal, or protected wildlife.
Pursuant to section 31(2) of the Act, the Council issued a Notice of Classification of dog as a Dangerous Dog on the 24 May 2018 (attachment A).
1.4 The objection
A written objection was received by Council on the 24 May 2018 within the statutory 14 day objection period. 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 31(4) of the Act. Section 31(4) states as follows;
In considering any objection under this section, the territorial authority shall have regard to—
(a) the evidence which formed the basis for the original classification; and
(b) any steps taken by the owner to prevent any threat to the safety of persons and animals; and
(c) the matters advanced in support of the objection; and
(d) any other relevant matters—
and may uphold or rescind the classification.
1.6 Officer’s Recommendation
That the matter be heard.
a Notice of classification ⇩
b Objection to dangerous dog classification ⇩