There were no apologies.

There were no late items.

MEETING HELD THURSDAY 24 MAY 2007

RESOLVED

THAT the minutes of the meeting of the Hearings Committee held on Thursday 24 May 2007 be taken as read and confirmed.

HC07/58 Gordon/Carmine CARRIED

NOTICES UNDER SECTION (55) DOG CONTROL ACT 1996

An appeal has been lodged.

A detailed report from the Dog Control Officer and supporting documents was attached.

A hearing was scheduled for 9.15am. The hearing commenced at 9.15am.

The Applicant was not in attendance.

Mr Graeme Adams presented his report. Council has received a total of 3 complaints concerning two dogs barking persistently at the property of 101 Barry Road, Waihi.

The owner, Mr Waka Hauraki was spoken to on these occasions and agreed the dogs did bark and that he had to leave the dogs home when he went to work.

On 10 May 2007, a Notice under Section 55 of the Dog Control Act (1996) was issued.

Both dogs are American Pitbull Terriers which are classified as menacing under the Act. Mr Hauraki has informed Council that one of the dogs, Gin, has been destroyed.

Mr Adams explained on one occasion when he visited the property, there was road works being carried near by the property which he considered was the cause of the dog’s excitement.

The dogs cannot view people from the road but he noted that the dogs were tangled up and were on short leashed and bored. Mr Adams considered this was the main reason for their continuous barking.

Mr Sexton advised that the dogs were uplifted at one point for the reason that they were not registered. The dogs were scheduled to be microchipped and desexed as per the requirement of the menacing dog classification but it would appear that the dogs were microchipped but not desexed and one dog has allegedly been destroyed. Mr Sexton advised that a dog must be desexed if it is already classified as menacing, meaning by way of its breed and not its behaviour. The classification also requires the dogs to be off the property during the day and to be housed indoors in the evening.

Council have not received any further complaints since Mr Hauraki’s appeal. Staff have discussed with the owner ways in which to reduce the barking.

The recommendation of staff was that the Section 55 Barking Dog Classification be upheld.

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.

MR WAKA HAURAKI, 101 BARRY ROAD, WAIHI

After considering all of the evidence the Committee:

HC07/59 Carmine/Gordon CARRIED

The meeting closed at 9.30am.

CONFIRMED

D M Carmine

21 June 2007