A dogged fight

Photo / Amos Chapple

The 57-year-old grandmother's voice wavers as she recalls the day her neighbour's four English bulldogs set upon her when she went next door to collect her granddaughter.

"They don't bite. They tear. They rip you," says Sharon Johnson, of Kawerau. "I was covered in blood, everywhere. You could see my flesh."

Johnson spent four days in Whakatane Hospital recovering from the attack and, three years later, she still has flashbacks.

The news that two toddlers had been savaged in separate attacks last weekend, one in her own hometown, made those flashbacks worse. "When those two bubbies got done it brought it all back," says Johnson.

Last Saturday, a 2-year-old girl was rushed to Whakatane Hospital with facial injuries after a pit bull-cross attacked her when she and her mother were visiting a property in Newall St, Kawerau.

In a similar incident on the same day, Maddison Dodge, 4, required facial reconstruction surgery after she was attacked at her aunt's house in Miriam St, Masterton by the family pet, a bull mastiff-cross.

"I don't wish it on anyone," says Johnson. "It's amazing how many people have been attacked by dogs." To make matters worse, despite a long court battle and the dogs' owners finally being convicted for owning dogs that caused serious injury under the Dog Control Act, the dogs that attacked Johnson are still at large.

"How can these people get away with it? It's just not fair."

The recent attacks have again prompted calls for more efficient laws to protect the public.

Rodney Hide, the Minister for Local Government, has pledged to review dog control laws before the November election.

"The two nasty dog incidents last weekend highlight the need for a decent review rather than constant knee-jerk political reaction," he told the Herald on Sunday this week.

That's a bit of an about-turn for him. Hide's review of public safety around dogs has been a long time coming. He first announced it in 2009 during a speech to the New Zealand Companion Animal Conference, with minimal enthusiasm.

"I have not asked that this be a priority, because I think the Government has more important things to do," he said at the time.

The review was due to start early this year, following the formation of the new Auckland Council - but was delayed when the earthquake struck Christchurch in February.

Since the Dog Control Act was passed in 1996, reviews and amendments to the Act have been largely prompted by particular dog attacks, when concern about public safety has been high.

The gruesome attack on 7-year-old Carolina Anderson on a summer's evening in 2003 as she was playing at Cox's Bay Reserve, in the affluent Auckland suburb of Westmere, prompted the Labour-led Government to introduce a number of changes to dog control laws. These included stiffer fines, greater powers for animal control officers to enter private property to seize offending dogs, and the introduction of a "menacing" category.

Menacing dogs listed under the Act are Brazilian Fila, Dogo Argentino, Japanese Tosa, Perro de presa canario and American pit bull terriers. There is a ban on importing these breeds or types of dog into New Zealand, they must be kept in a secured fence area and muzzled when in public.

A fatal dog attack in April 2007 brought the Dog Control Act back under the spotlight. Virginia Ohlson, a 56-year-old mother, ambulance worker and community volunteer, was attacked by two bull mastiff-cross dogs when out walking in her home town of Murupara. The dogs' owner, Ohlson's nephew Shane Rurehe, was sentenced to 18 months in prison.

The attack prompted a new amendment bill requiring all breeds classified as "menacing" to be neutered. It also simplified the process for adding breeds to the menacing list. These changes were put on hold when National came to power.

The system has led to ad hoc changes and Hide questions their efficacy. "I am concerned that the current regulatory regime may not be preventing dog attacks, or holding irresponsible dog owners to account," he says.

Yet, it seems it still requires the gruesome kick of an emotional situation - usually an attack on a child - to get dog control issues on the public agenda.

The reaction to the two dog attacks that took place last weekend illustrate how the law can be applied differently, even in similar situations.

Both attacks involved children visiting properties where the dogs lived as family pets. Both dogs have been destroyed, after the owners gave consent. Neither of the victim's parents wanted charges brought against the dog owners over the attacks.

In the Masterton case, the police have initiated court action against the owner under the Dog Control Act, despite not receiving a complaint.

Senior Sergeant Warwick Burr of Masterton police says once the police have evidence of an offence, they have discretion whether to bring a charge.

"In the main it appears these people have been responsible dog owners," says Burr. "They've done all the right things. It's pretty tragic in that the girl has severe facial injuries and these people have had a pet that's been a good pet but as a result they've lost their pet."

This does not prevent the police taking action and the owners still face a charge of owning a dog that causes serious injury.

In contrast, Kawerau police referred all inquiries from the Herald on Sunday to Kawerau District Council, saying the attack on the 2-year-old was a "council matter".

And district council regulatory manager Chris Jensen says now the dog is destroyed, the council will not be taking any further legal action.

The registered dog owner was not at home at the time the girl was visiting. The girl was placed outside by her care- giver to play. The girl opened a gate to a secure area where the dog was kept and was bitten.

"This is simply a very, very unfortunate incident," says Jensen.

The council has previously brought prosecutions under the s58 of the Dog Control Act - the most serious section that carries a penalty of a three-year jail term or $30,000 fine - but after costly, drawn out court battles Jensen says he would not recommend council take this sort of action again.

His worst experience was the council's attempt to bring the owners of the dogs that attacked Sharon Johnson to justice. The owners fought the charges for a year while the council racked up legal bills of $20,000 then, on the eve of a jury trial, one of the owners pleaded guilty. Puia Nathan was sentenced to community work and ordered to pay emotional harm reparation.

The court ordered the dogs be destroyed but this never happened. Someone broke into Kawerau kennels and liberated them. The dogs' whereabouts are now unknown.

Jensen says police should step up: "If you attacked someone with an axe the police would prosecute you, but if you have a dog not under control that attacks someone and inflicts similar injuries, the indication here has been it would need to be the council to take the prosecution."

Sarah Austin, a 25-year-old mum from Stanmore Bay on Auckland's North Shore, is locked in a battle with the council over her pit bull-cross, Jewel. The dog was impounded just before Christmas and is being held at the Northern Animal Shelter in Silverdale. Austin visits every Wednesday, bringing barbecue treats that she feeds through the bars until he calms down enough to allow her into the concrete enclosure.

Jewel was picked up after he got into a fight with another dog, leaping from Austin's parked car as the dog walked by. He still bears bite marks from the encounter.

Austin will have to go to court to get the dog returned. She says she complies with the requirements of owning a menacing dog. Jewel is registered, microchipped and gets muzzled when in public. Austin walks him late at night when there are fewer people around.

Jewel is one of several pit bull-cross dogs currently at the Silverdale pound. It's a common type for dog control officers to pick up and getting more so. Lee Exler, animal control co- ordinator has been in dog control for 16 years. Three years ago, most bites were caused by Labradors. Today, it's pit bulls, he says.

Many of the dogs that are impounded are adopted out to new homes but animal management have a policy not to adopt out any dog with pit bull in it. "We are not going to encourage that breed," says Exler.

The rules around owning pit bulls reveal more inconsistency in how our dog laws are applied in practice. Local territorial authorities have the power to order all menacing dog breeds to be neutered. This means all in the North Shore area must be desexed - and it is illegal to breed them. The same rule does not apply in Kawerau.

Auckland's northern region dog control officers keep tabs on menacing dogs in the area. When a new one is discovered they will immediately issue a notice giving the owners one month to have the dog neutered.

This week, the Herald on Sunday went on patrol with Exler, as he investigated a tip-off there was a pit bull puppy being kept at a North Shore house.

Approaching the property, Exler gave a tutorial on what to do if a dog attacks. Stand still, one foot in front of the other, carry a bag so that you can deposit it in front of you. The dog will go for the bag, not you, and allow you to make a steady retreat. If it does charge, keep still with hands crossed so that it will barge against you rather than bite an outstretched hand.

Nobody was home, but the back door was open so the puppy could run around in the back yard. It was easy to see how an owner could be besotted with the honey beige 4-month-old pit bull, but the dog was already showing aggressive characteristics of the fighting dog breed. Instead of rushing to greet people, as most puppies would, it took a defensive stance.

This week, the dog was allowed to stay. But Exler will return to speak to the owner and make sure the dog is registered and neutered.

SPCA executive director, Bob Kerridge, says it is time to clear up confusion around dog legislation. "The Dog Control Act should set the fees, should set the regulations and set the standards of enforcement that's required."

Inevitably when dog attacks appear in the headlines a cry goes up that the problem lies with owners not the dogs. SPCA advocates dog owner licensing as a method of greater accountability for dog owners - a similar regime to that applied to gun owners.

"Licensing connects the owner directly with the dog, and you are directly responsible for that dog," says Kerridge. "If, through any lack of attention, something goes horribly wrong, then you really shouldn't have a dog."

Dog attack victim Johnson supports jail time for owners who allow their dogs to inflict serious injuries such as the ones she and the girls in Masterton and Kawerau suffered. She hopes harsh penalties will prevent future attacks.

"When things like this happen it brings it all back," she says. "Those kids were innocent. They couldn't help themselves."

KEEPING KIDS SAFE WITH DOGS

* Ask the owner's permission before approaching a dog.
* When meeting a dog, let it sniff the back of your hand.
* Stroke a dog only on the chin, chest or shoulders, NOT the head.
* Stay away from a dog that is eating.
* Never put your face close to a dog's face.
* Do not run or shout near a dog.
* Never tease a dog.
* If you are scared of a dog, move quietly and slowly away. Do not run.

Source: www.dogsafety.govt.nz