IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2017-404-346
[2017] NZHC 3142
BETWEEN TERRENCE EASTHOPE
Appellant
AND
AUCKLAND COUNCIL
Respondent
Hearing: 12 December 2017 Counsel:
J B Samuel for appellant
A R Govind for respondent
Judgment:
14 December 2017
JUDGMENT OF KATZ J
This judgment was delivered by me on 14 December 2017 at 4:30 pm Pursuant to Rule 11.5 High Court Rules
Registrar/Deputy Registrar
Solicitors: A R Govind, Auckland Council, Auckland
J B Samuel, Jennifer G Connell & Associates, Auckland
EASTHOPE v AUCKLAND COUNCIL [2017] NZHC 3142 [14 December 2017]
Introduction
[1] Terrence Easthope’s dog, Buddy, attacked a toy poodle cross dog called Louie. Louie was seriously injured. Although strenuous efforts were made to save him, he ultimately had to be put down due to post-surgical complications.
[2] Mr Easthope pleaded guilty to a charge under s 57(2) of the Dog Control Act 1996 (“Act”) of being the owner of a dog that attacked another domestic animal. Judge A M Manuel ordered that Buddy be destroyed. In addition, she fined Mr Easthope $250 and ordered that he pay veterinarian costs of $5,000.
[3] Mr Easthope appeals against the order for destruction of the dog. He argues that the circumstances relating to Buddy’s attack were exceptional and that the order that he be destroyed was not warranted.
Facts
[4]Judge Manuel summarised the facts as follows:
[5] … The defendant’s dog is a tan coloured male Labrador-cross who is six years old. On 1 January 2017 the complainant was feeding rabbits at a property in Mount Eden. She had a dog with her named Louis, a toy poodle cross. As she left the property she saw the defendant’s dog rushing towards her and Louis. The defendant’s dog attacked Louis, biting him on his neck and front right leg. The defendant’s dog picked Louis up and shook him from side to side. The complainant tried to pull Louis free, but to no avail. The defendant came over to assist. He finally managed to get his dog off Louis and contain his dog in his own property. The complainant took Louis to the Animal Emergency Centre for treatment. He had suffered serious injuries and required surgery. Unfortunately, there were complications post-surgery and on 23 January 2017 Louis was put down.
Applicable law
[5]Section 57 of the Act relevantly provides:
57 Dogs attacking persons or animals
(1)A person may, for the purpose of stopping an attack, seize or destroy a dog if—
(a)the person is attacked by the dog; or
(b)the person witnesses the dog attacking any other person, or any stock, poultry, domestic animal, or protected wildlife.
(2)The owner of a dog that makes an attack described in subsection (1) commits an offence and is liable on conviction to a fine not exceeding
$3,000 in addition to any liability that he or she may incur for any damage caused by the attack.
(3)If, in any proceedings under subsection (2), the court is satisfied…
Keep reading for free
Create a free CaseChat account to read Easthope v Auckland Council and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2017] NZHC 3142
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the circumstances of the offence were exceptional and, if not, whether the dog's destruction was warranted. The court considered the factors relevant to determining whether the circumstances of the offence were exceptional, such as the nature of the attack, the owner's history, and the steps taken to prevent such an attack. The court also examined whether, in the exceptional case, destruction of the dog was not warranted.
The court found that the circumstances of the offence were not exceptional. The attack occurred when Buddy escaped through an open gate, which was left open by Mr Easthope's cousin, Tania. While Buddy was neutered, registered, and microchipped, and had not previously attacked, the court held that the fact that a regular visitor left the gate open did not constitute exceptional circumstances. The court concluded that the circumstances were not unique or special and did not warrant a deviation from the statutory requirement for the dog's destruction. The court dismissed Mr Easthope's appeal.
The court also addressed the issue of the compensation order, clarifying that the fine and the compensation order were separate issues, and the Judge did not err in imposing both. The appeal was dismissed, and the order for the destruction of Buddy was upheld.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.