“So you’re telling me, your client has instructed you she’s not going to tell you where the dogs are?” Judge Diedre Orchard asked Magee.
“That’s right,” Magee replied in her sentencing at the Whangārei District Court this week.
The court heard that last July, a woman and her sister were out for a walk with their dog Ginny in the Onerahi area.
As they were walking, a Huntaway jumped a fence and lunged at Ginny. The woman had to spray a bottle of water at the dog to keep it at bay, however, it kept approaching.
Banks came out of her property and as she did, two more dogs, Zeuss and Jack, got out and started biting Ginny.
All three dogs went into pack mode and began circling Ginny and continuing to bite her while Banks attempted to get them off.
The dogs were unresponsive to their owner, would not resist and Banks had to eventually wrestle them off Ginny.
Ginny was taken to the vet with multiple injuries, including nine puncture wounds which required surgery.
As an assessment was unable to be made by the council on the dogs, Judge Orchard was left with no choice but to determine whether the dogs were a safety risk to the public.
“The reality is, their behaviour at the time of this incident in the presence of owners who were unable to control them says to me that these dogs are a risk to other animals and humans. If they attack and do not resist, then there’s always a chance they will attack humans,” Judge Orchard said.
“There is no way of knowing where these dogs are or enforcing obligations. The attitude of Ms Banks and her lack of compliance tells me she is not a responsible dog owner, as evidenced by their actions. I have no confidence in her,” Judge Orchard said.
An order for destruction was made for Zeuss and Jack, and Banks was fined $1000.
Banks has already paid the veterinary bill for Ginny.
Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tōkerau region. She is of Ngāpuhi/Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.