This kiwi was found on a driveway on Uruti Rd, Russell, on the morning of January 18, 2018. Photo / Supplied
This kiwi was found on a driveway on Uruti Rd, Russell, on the morning of January 18, 2018. Photo / Supplied
A Russell man has been fined $4500 after his husky killed two protected North Island brown kiwi.
Martin Christopher Allen, 58, had been due to go on trial last week in relation to the kiwi deaths three years ago, but changed his plea to guilty as court proceedings started on Wednesday.
It was Allen's fourth conviction on similar offences.
The dog, a labrador-husky cross named Weka, which has been in a council pound since 2018, will be destroyed.
Judge Deidre Orchard told the Kaikohe District Court there were no special circumstances which would allow the dog's destruction to be avoided.
''Though in my view, the fault lies with you, rather than the animal,'' she told Allen during Thursday's sentencing.
The court was told a resident on Uruti Rd on the Russell Peninsula, a known kiwi stronghold, found a dead juvenile male kiwi on her driveway on the morning of January 18, 2018.
On the morning of May 10, 2018, another resident found a dead adult female kiwi on Uruti Rd.
The birds had injuries consistent with a dog attack and DNA tests showed saliva from the same dog on both.
A second kiwi, also with DNA from a husky-cross named Weka, was found on Uruti Rd on May 10, 2018. Photo / Supplied
After further reports that Allen's dog had been wandering it was seized by a council animal control officer on July 24.
Its DNA was a perfect match for the saliva found on the dead kiwi.
Allen told the court that Weka was not his dog but one he had inherited from a previous relationship.
He said Weka was left on the deck during the day but could not escape because the deck was 3.5m above the ground.
Because the only exit from the deck was via his home Allen said someone must have entered his house on each occasion while he was at work and let the dog out.
Judge Orchard said the dog's wandering suggested it should have been kept in a proper kennel and run rather than left unsecured on the deck.
At the time of the kiwi deaths Allen was effectively already on notice to control the dog after the council issued two fines for allowing Weka to attack stock, she said.
''This points to him having a very cavalier approach to his responsibilities. The dog got out on multiple occasions and was clearly able to roam freely, including at least once at night.''
Judge Orchard said Allen and others needed to be deterred from further offending so imposed a fine of $4500, reducing it from $5000 for his guilty plea.
She was being ''merciful'' for allowing him a discount because his guilty plea came on the day of the trial, two years after charges were laid.
Allen made no application to stop the dog's destruction and DoC made no application for reparation for the costs of DNA testing.
Allen's previous husky-cross, Laska, was also seized after alleged attacks on wildlife, sparking what became an international campaign calling for the dog to be released. Photo / Supplied
The council's seizure of a previous husky Laska owned by Allen and his then partner Lisa Wynyard sparked a public outcry in 2017.
In that case the dog was accused of attacking protected weka while roaming off their property.
The couple maintained Laska had been wrongly accused and fought a long battle to have their pet released.
Another newspaper ran a series of front-page stories and a "Help Save Laska" online petition attracted 29,935 signatures, of which 27,377 were from overseas.
In the end Laska was rehomed with a Waikato family.
Allen was originally charged with two counts of owning an animal that killed protected wildlife but that was changed on Wednesday to one representative charge. The maximum penalty is three years' jail or a fine of $20,000.
