Dog dispute may go to High Court

Last updated 14:00 28/11/2011
Renshaw
FAIRFAX NZ

Dog trouble: Paraparaumu couple Bob and Gay Renshaw with their dogs Kayla and Lou, which neighbours have complained about.

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A battle between neighbouring dog lovers has escalated to one couple threatening High Court legal action.

Bob and Gay Renshaw have appealed against complaints being pursued by the Kapiti Coast District Council that their dogs, six-year-old labrador Lou and eight- year-old samoyed Kayla, are causing a noise disturbance barking in the neighbourhood.

Mr Renshaw admits that, for a while, they had four dogs, but since September have had only two, under council regulations all that is permitted on an urban section before a special licence is needed.

All up, the Renshaws say they have spent about $1000 to comply with the regulations, including forking out for bark collars, obedience training and building a fence.

"We are being discriminated against, targeted unfairly.

"We have complied with everything," Mr Renshaw, a lawyer, said.

In a letter to the council, Mr Renshaw has put the council on notice they will be seeking costs in the High Court.

The couple challenged a noise abatement notice issued by the council in September, and their appeal was heard on Thursday.

Mrs Renshaw stressed they were "real dog people".

"We love our dogs, treat them like princesses. They sleep on our beds. We have complied with absolutely everything, gone the extra mile.

"We just want to be treated fairly," she said.

Neighbour Robin Fraser, who is a New Zealand Kennel Club member and dog trainer, first complained about barking from the property six years ago, especially from Kayla, the samoyed.

"Very little has been done about it.

"I find it unbelievable the samoyed has been allowed to remain on the property.

"If a dog wears a bark collar properly it does not bark. Dogs should not bark like that," Mrs Fraser said.

Before the appeal was adjourned, committee members urged the Renshaws to give the bark collar another go, with the assistance of a council animal control officer who had suggested ways to stop Kayla barking in the past.

Mayor Jenny Rowan stressed there had to be some action by the Renshaws to resolve the issue and prevent the dog being removed from the property.

Appeals committee chairwoman Hilary Wooding said it was an emotive issue and the committee would release its decision soon, expected to be within 10 days.

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21 comments
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JohnT   #21   06:44 pm Dec 03 2011

What gets me is animal lovers have no manners for humans. It is a dog not a human being. Keep it quiet or get rid of it that simple. The pet industry at 51 billion dollars a year has people brain washed. Humans grow up to accomplish something. The dog eats sleeps and defecates and that is about it other than needing way too much attention and reaches a maturation age of 4 at it's maximum human age. The laws need to be strengthened so people don't have to tolerate the noise, which I might add is a health hazard according to the world health organization.

Alfred Rosenberg   #20   11:51 am Nov 29 2011

I get barking whining dogs, loud bass from dance music (which I hate), grinders, weedeaters, lawnmowers and chainsaws every day of the week from my 3 neighbours who are all on ACC. They cant work but they can weed eat their lawns 3 times a week each? People work from home and on night shift ya know. Its just rude and ignorant.

jess   #19   10:02 am Nov 29 2011

If your dog is barking a lot, work on it instead of getting those stupid collars, I bet these dogs are lacking in exercise & proper training. give your dogs decent exercise each day, work on the training and stop spoiling them & you will see a decrease in the barking. nothing wrong with loving them to bits but I feel these dogs are maybe spoilt & get away with what they want. It is all very well paying for obedience training but you have got to keep it up all the time, not just once a week in the training venue. The owners are failing their dogs.

I have 3 dogs who only bark if someone opens our gate or when someone knocks on the door, which is normal & what dogs should do.

Tina   #18   09:34 am Nov 29 2011

Totally agree with Mandy@10. My neighbour has three kids that screams every single day whenever their parents aren't giving them the attention they want. It's driving me insane! I can't live a day without having to hear their piercing screams, people who don't know better might call the police thinking the kids are under attack or something. And when they see me walking my dogs they go "Oh my god a dog! You naughty dog", I would seriously live with barking than their screams any day.

Unreal   #17   09:12 am Nov 29 2011

The law is about face really on this. We live in an area where the houses are $700 +. We have a very angry semi-alcoholic neighbour who insists on playing loud music every Friday and Saturday night and then Sunday afternoons. We have tried everything as have others in the cul-de sac. Yet there is no laws assisting us, except noise control who are just useless. It does not help us when it keeps our children awake or we have to sleep in the other end of the house some nights. He is the most adhorent person, he does not care, yet his house is impeccably kept. I have tried everything had shouting matches, left our lawn mower going all day etc still he does not budge,yet the law has more teeth when it comes to a barking dog. Unreal

Wanderlust   #16   08:59 am Nov 29 2011

Seriously: This is a non-issue. Either they are breaking the law with constant barking, or they are not. They will have their day in court.

Not so seriously: @ Mandy - I agree, people should be required to have a a licence before having children, go to court if they don't keep them under control, and have them put down if the problem continues. ;)

David   #15   08:28 am Nov 29 2011

Barking dogs are the scourge of any neighbourhood and anyone who lets their dogs back continuously deserves to have legal action taken against them and their dogs taken away if it continues. We are dog lovers and have a dog who never barks unless he really needs us because thats how he was trained. Dog lover or not, i hate barking dogs.

Flipp   #14   01:16 am Nov 29 2011

The neighbour sounds like a trouble maker who has nothing better to do with their time. Anti-barking collars are mean so that's a silly suggestion (and yes, I'm a dog owner - and no, my dogs don't bark unless a stranger comes onto our property). I think the complainant should move away - some of these Kennel Club types are absolute oddballs (you see it all the time at dog shows), and this case only confirms this. This couple clearly love their animals - look how happy and healthy they look!

Mike   #13   09:39 pm Nov 28 2011

Surely if the neighbour is a dog lover, and a trainer, she'd offer advice and help to train, instead of taking legal action? And saying" I find it unbelievable the samoyed has been allowed to remain on the property" sounds like no dog lover I know.

Dave   #12   09:29 pm Nov 28 2011

Try working from home or being on night duty and needing sleep during the day with incessant barking [about 30-45 minutes non-stop every hour] from a dog chained up outside all day, left alone, and about 3m from your bedroom window. We had that problem and the neighbor did nothing until we held the phone up for the council to hear and they slapped a $400 fine on the owner. It was such a complete breach of the dog regulations. Since then the dog is kept inside, stays quiet, and everyone is happy. Especially the dog. He was lonely and just howled for company. In my view, dog owners should take full responsibility for how their dogs can interfere with neighbors rights to peace and quiet, and, obey the law instead of racing off to the High Court like spoilt little children.


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