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A High Court judge has upheld Auckland City Council's dog control bylaw after a pooch lover took issue with the requirement to keep dogs leashed in public.
The plaintiff, Geoffrey Harrison, asked the court to review the council's dog control bylaw requirement for dogs to be kept on leashes in public, unless in a designated dog exercise or off-leash area.
Over the course of two hearings in the High Court at Auckland, on September 10 and February 28, Mr Harrison argued the bylaw restrictions were unreasonable and unnecessary.
However, in a ruling released recently, Justice Lynton Stevens said it was not unreasonable to require dogs to be under control in public places.
"Parliament has clearly entrusted the task of developing and adopting a policy on dogs to elected territorial authorities."
Justice Stevens said the legislation directed territorial authorities to consider "minimising danger, distress and nuisance to the community" when adopting a dog control policy.
Justice Stevens acknowledged that Mr Harrison's application had been made in good faith, saying Mr Harrison was a genuine dog lover and was concerned foremost with promoting his dogs' wellbeing.
- NZPA
