In today's headlines with Wilhelmina Shrimpton, huge inequities in policing, fire in central Auckland apartment, and concern over child language skills.
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 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 said the owners had “virtually gone back to exactly the same behaviours” as before the seizure.
“They are chained up to a short chain on a short little pipe. I often hear them barking and then loud banging.”
The resident said they often saw 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 said they saw cats “starting to pile up again”.
They said as an animal lover it was “heartbreaking” to see the animals in that “state”.
The resident was worried the owners would “continue to breed” animals that would “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 wanted to see the animals permanently removed and the owners disqualified from owning dogs.
‘Appalling’ animal welfare
Another neighbourhood resident said their main concern was the animals’ welfare which was, in their view, “clearly appalling”.
“It’s quite upsetting that they’ve been given these dogs back.”
They said they had 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 said there had been “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 said the council had received 53 complaints since the first in 2013 associated with the three dog owners at the property. January’s was the first seizure.
He said it was a “unique and complex” situation involving multiple animal owners at one address.
Lincoln said each occupant of a property was 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 had not received any complaints against the property or owners since May.
He said the team would 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 was 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 said its team was committed to the safety of the public and the welfare of dogs. Welfare concerns for cats would be passed on to the SPCA.
Lincoln said 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 said.
The owner could 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 kept more than two dogs without a kennel licence, the council would issue a notice giving the owner 14 days to rehome the extra dogs. If they did not, they may receive a $300 infringement and the dogs could be impounded until the matter was resolved.
Lincoln said there was no specific cat legislation in New Zealand that would 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 had 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 said as it was an open investigation, the SPCA could not comment.
The SPCA had not received complaints about cats at the property since the seizure in January, she said.
She said there was “generally” no limit on how many cats someone could have, other than what might be imposed through a council bylaw.
