Christchurch City Council apologises for getting it wrong over menacing dogs

Christchurch City Council has apologised to owners of dogs classified as menacing for sending them inaccurate information about the rules around when their dogs need to be muzzled.

Locals were outraged after the council's animal management team sent out letters to owners of "menacing dogs" telling them the animals must be muzzled at all times, including inside their own house, warning that owners would face legal repercussions if they did not abide by the rules.

The city council originally defended its position, saying its decision to enforce the muzzling of dogs at all times - except when in a cage - was not taken lightly and was made in the interest of public safety.

But today, after fresh legal opinion, the council accepted that it got it wrong.

"The members of our Animal Management Team are all passionate animal lovers. They were trying to prevent other animals and people from coming to harm by ensuring that the owners of menacing dogs were aware of what their obligations were," said city council consenting and compliance general manager Leonie Rae.

"They were acting on the basis of a legal interpretation of what it means for a dog to be 'at large''.

"This week we sought an urgent legal review of that interpretation in response to the feedback we received from the public.

"The new legal opinion we have received leads us to believe that a court is unlikely to uphold a requirement for dogs classified as menacing to be muzzled inside their own home or property."

Rae apologised for "any confusion and upset that we have caused".

After the council's initial stance was revealed, Abbey van der Plas, who set up Christchurch Bull Dog Rescue, told NZME's Newstalk ZB she was "shocked, disgusted and sad" at the move.

"I cried, to be honest. This is heartbreaking," she said.

"The fact they need further legal advice shows how incompetent their legal team is in the first place.

"Anybody looking at this can see that it's breaching the Animal Welfare Act.

"Any animal needs to be able to display its natural behaviour. A dog cannot display its natural behaviour when it's muzzled 24/7."

Dogs get classified as menacing either because they are a specific breed or type, or because they have attacked or behaved aggressively.

Section 33E of the Dog Control Act states the owner of a menacing dog "must not allow the dog to be "at large", or in a public place, or in a private way without being muzzled.''

"We will be writing to the dog owners with dangerous or menacing dog classifications to update them. This will give clarity around where and when menacing dogs need to be muzzled," Rae said.

•People can find out more about the rules and responsibilities of owning a dog classified as menacing at: https://ccc.govt.nz/services/dogs-and-animals/animal-management/menacing-dogs