RESOLVED

THAT the apology of Cllr D M Carmine be received and sustained.

HC04/29 Hayden/Gordon CARRIED

Pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, the Chairperson called for late items to be accepted.

RESOLVED

THAT pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, the following late items be accepted for discussion.

- Dangerous Dog Classification - Mr J B Martin

The item was not on the agenda because the correspondence relating to the item was unavailable at the agenda deadline.

Discussion on the item could not be delayed because the item needed the attention of the Committee before the next meeting.

HC04/30 Gordon/Hayden CARRIED

MEETING HELD THURSDAY 22 JULY 2004

RESOLVED

THAT the minutes of the meeting of the Hearings Committee held on Thursday 22 July 2004 be taken as read and confirmed.

HC04/31 Hayden/Gordon CARRIED

NOTICE UNDER SECTION 31(2) DOG CONTROL ACT 1996 DANGEROUS DOG)

APPLICATION FOR OBJECTION – MR K NEWLAND (12KB)

A reconvened hearing was scheduled for 9.05am.

Members reconvened the hearing at 9.10am.

Mr Newland was not in attendance at the hearing.

The Chairperson advised that this was a reconvened hearing which was adjourned on Thursday, 22 July 2004, to formally resolve the decision to the appeal by Mr K Newland to the dangerous dog classification. The Supervisor of Council’s Environmental Services presented a report outlining the options the Committee should consider in making their decision on the matter. Included in the report were two photographs taken by Council staff showing the enclosure for the containment of the dog on the property. Mr Bierre spoke to his report outlining the requirements for securing a dog on private property as stated in the Act.

The Dog Control Officer reported that he had spoken to Mr Newland requesting he review the enclosure for the dog so that it complied with the requirement for a securely fenced area as stipulated in Section 31(2) of the Dog Control Act 1996.

As previously noted, the dog concerned was kept on a ‘running wire’. A member asked if it is an acceptable practice for the dog to be kept on a ‘running wire’ as a form of restraint. The Dog Control Officer stated that an owner is allowed to use this method of restraint if a dog has not been previously classified as dangerous.

The Chairperson stated that in his opinion, Mr Newland had not taken effective measures to secure the dog on the property and that there was no significant improvements made to the enclosure.

In conclusion, the members considered that Mr Newland had not complied fully with the requirements of the Dangerous Dog criteria and that the enclosure was not within the classification of a fenced property. It was also noted that the RSPCA would not accept the type of enclosure due to the lack of space allowed for the movement of the dog.

Mr Bierre stated that in considering the attack on the person concerned, the victim expressed that the classification be upheld to protect any other members of the public from further injury.

The hearing closed at 9.25am.

The Chairperson advised that Council’s decision was reserved until it had considered the evidence presented and all other relevant matters.

After considering all of the evidence the Committee:

RESOLVED

THAT the Dangerous Dog Classification be upheld.

HC04/32 Gordon/Hayden CARRIED

APPLICATION FOR OBJECTION – JOSEPH BRIAN MARTIN, 34 KITCHENER STREET, WAIHI (63.100.023)

The Manager, Planning and Environmental Services outlined concerns which had been raised by Mr J B Martin regarding an Application for Objection to a Notice Under Section 31(2) Dog Control Act 1996 - Dangerous Dog Classification.

It was reported that Mr Martin had not been advised of the Hearing of Thursday, 17 June 2004, as the notice was sent to his lawyer, Mr M Curtis, who was formally acting as his agent. Mr Curtis had written seeking full disclosure of all sworn statements. Legal advice was, that it had been appropriate to send the notice to Mr Curtis.

The Chairperson advised that Council’s decision was reserved until it had considered the evidence presented and all other relevant matters.

After considering all of the evidence the Committee:

RESOLVED

THAT the Dangerous Dog Classification be upheld.

HC04/33 Gordon/Hayden CARRIED

The meeting adjourned at 10.30am.

The meeting reconvened at 10.40am.

DISTRICT PLAN REVIEW – INITIAL STEPS (800.000.216) (18KB)

A report from the Manager, Planning and Environmental Services regarding the District Plan Review was presented for general discussion. The members were briefed on the initial steps which should be considered when reviewing the District Plan.

RESOLVED

THAT the report be received.

HC04/34 Gordon/Hayden CARRIED

The Manager, Planning and Environmental Services addressed the Committee and held a discussion regarding the protocols and practices that are to be used in relation to the serving of legal notices.

The meeting closed at 11.45am.

CONFIRMED

J P Tregidga

September 2004