Six dogs returned after 55 animals seized

Six German shepherds were returned to the property after the council seized them in January (stock photo). Photo / 123RF

Cats with “big gashes” and dogs “chained up on a short chain” have been seen at a Pāpāmoa property where 55 animals were removed earlier this year in Tauranga City Council’s “largest-ever” seizure, neighbours say.

The council removed 13 German shepherds from the property on January 11 after multiple owners committed alleged breaches of the Dog Control Act. The SPCA removed two dogs and 40 cats.

The council says eight dogs with parvovirus were put down. The council rehomed one dog due to its excessive barking.

In February, the council returned four of the dogs and the SPCA returned two dogs to three owners at the address.

The council has also confirmed due to “specific circumstances” it did not proceed with a prosecution.

The council has recorded more than 50 complaints at the property over 11 years.

Neighbourhood residents have spoken out – anonymously, for fear of retribution – saying it is “unbelievable” seized dogs were returned after years of issues at the property.

‘Heartbreaking’

A resident says the owners have “virtually gone back to exactly the same behaviours” as before the seizure.

“[The dogs] are in exactly the same predicament.

“They are chained up to a short chain on a short little pipe. I often hear them barking and then loud banging.”

The resident says they often see injured animals – such as cats with “big gashes” in their heads – and “derelict” and “aggressive” looking dogs.

In their view: “It’s just unbelievable that they’ve got them back.”

The resident says they have seem cats “starting to pile up again”.

They say as an animal lover it's “heartbreaking” to see the animals in that “state”.

The resident's worried the owners will “continue to breed” animals that will “terrorise the neighbourhood”.

“We’ve exhausted all the authorities trying to get them to have more action taken, but their hands are tied. They went through everything they could for it to fall over in the last hurdle because whoever’s in charge of that just didn’t have the laws to permanently remove these animals.”

The resident want to see the animals permanently removed and the owners disqualified from owning dogs.

‘Appalling’ animal welfare

Another neighbourhood resident says their main concern is the animals’ welfare which is, in their view, “clearly appalling”.

“It’s quite upsetting that they’ve been given these dogs back.”

They say they have complained to the council “for the last decade, plus” and viewed the organisation as “inept” at handling the situation.

“When the dogs were collected recently, that was the first real action that they took … and that was over a decade of us complaining about the animals.”

A third resident in the neighbourhood says there hadsbeen “dog issues” at the property for about 15 years.

53 complaints in 11 years

In a statement, the council’s animal services team leader Brent Lincoln says the council has received 53 complaints since the first in 2013 associated with the three dog owners at the property. January’s was the first seizure.

He says it's a “unique and complex” situation involving multiple animal owners at one address.

Lincoln says each occupant of a property is entitled to own and register two dogs without a kennel licence. The council returned six dogs between three owners in May and a warning was issued.

The council has not received any complaints against the property or owners since May.

He says the team will visit the property following the Bay of Plenty Times’ media inquiry.

Tauranga City Council's animal services team leader Brent Lincoln. Photo / Alex Cairns.

While the council is monitoring the property, residents should report any dogs causing a nuisance with “loud and persistent barking”.

“If we don’t hear from people, then we don’t know that the dogs are impacting on their lives.”

Lincoln say its team is committed to the safety of the public and the welfare of dogs. Welfare concerns for cats will be passed on to the SPCA.

What can the council do?

Lincoln say for the council to proceed with a Dog Control Act prosecution, it must prove “each element of an offence” the same way the police did.

“Any action taken must relate to each specific dog and due to specific circumstances of the situation at the time, council did not proceed with a prosecution.”

To permanently remove a dog from a property for barking or howling, the council must be satisfied that the dog was causing a persistent nuisance in breach of any abatement notice issued to the owner for that dog, and that the owner was failing to comply with the notice, Lincoln says.

The owner can appeal the removal of the dog which could see the seizure overturned or upheld.

Lincoln said the owner may appeal the decision to the District Court. The owner could rehome the dog but not return it to the property in question.

If an owner keeps more than two dogs without a kennel licence, the council will issue a notice giving the owner 14 days to rehome the extra dogs.

If they don't, they may receive a $300 infringement and the dogs could be impounded until the matter was resolved.

Lincoln says there is no specific cat legislation in New Zealand that will give the council a mandate to manage cats.

Issues relating to the welfare, mistreatment or abuse of cats (or the accumulation of cats) or any other animal was the responsibility of the SPCA or Ministry of Primary Industries, which administered the Animal Welfare Act.

The council has no authority to act in these matters.

The SPCA was asked if any of the 40 cats removed from the property were returned to the owners, why it removed two dogs, why it returned them to the owner, and if the SPCA had ever prosecuted anyone at the property for animal welfare purposes.

A spokeswoman says as it was an open investigation, the SPCA could not comment.

The SPCA has not received complaints about cats at the property since the seizure in January, she said.

She says there is “generally” no limit on how many cats someone could have, other than what might be imposed through a council bylaw.

*This story has been closed for comments.

-Bay of Plenty Times.

2 comments

Animal Welfare

Posted on 22-08-2024 08:44 | By LyricalSoul

Oh come on council & SPCA, surely more could be done, if not we need the government to change it's law in dealing with this kind of situation. The owners need to be held accountable & they shouldn't have any pets PERIOD!


Bylaws

Posted on 22-08-2024 14:15 | By Sycamore2

Unless cats are restrained on their owner's property, there certainly should be a bylaw on how many cats are owned. Doesn't anyone care about native wildlife, which isn't just birds, but geckos and insects, let alone the nuisance caused to neighbours who pay their rates, but have the enjoyment of their land and gardens diminished.


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