1.            OBJECTION TO A DOG BEING CLASSIFIED AS MENACING DUE TO ‘TYPE’

The purpose of the hearing was to consider an objection received against a notice issued for a dog being classified as menacing under section 33D of the Dog Control Act 1996, in respect of an American Staffordshire terrier named “Suede”

2.            INTRODUCTION OF ATTENDEES

            Cr Maureen Waaka – Chairperson Planning and Bylaws Committee

            Mr N Wharton – Director Environmental Services

            Mr J Nicklin – Manager Regulatory Services

            Mr K Coutts – Supervisor Animal Control

            Lisa Galvin – Expert Witness – Pit Bull Show Judge

        Kathy and John Folley - Dog Owners of Suede

            Chantelle and Richard Bailey – Expert Witness – Breeders

            The Chairperson also welcomed members of the press and Cr Searancke to the meeting.

3.            PRESENTATION OF EVIDENCE BY SUPERVISOR ANIMAL CONTROL UNIT

Mr Coutts gave an overview of the report as presented in the agenda on page 9/3/1.  A copy of Schedule 4 of the Dog Control Act 1996 was given to all present for their information (attached).

The Chairperson asked for clarification as to the term “pit bull terrier TYPE” as this is not specific.  Mr Coutts stated that the pit bull terrier is not a breed recognised by the NZ Kennel Club therefore it is described in the Dog Control Act as a “type” not a breed.

Mr Coutts clarified that Council’s dog database will change as of June 2006 with “pit bull” and “Staffordshire’s” not being recognized in the database.  American pit bull terriers and American Staffordshire terriers and crosses will be recognized.  Currently all dog breeds and types are recognized in the database.

Mr Coutts cross examined Lisa Galvin who was brought in as Council’s expert witness.

Mr Coutts: Lisa, how long have you had experience with American pit bull terriers?

L Galvin: About 20 years, my father was a pig hunter and was brought up with them.

Mr Coutts: So you have always had them as pets.

L Galvin: Yes always, now they are show dogs.

Mr Coutts: In recent years how has the Animal Control Unit at Rotorua District Council been towards pit bull terriers?

L Galvin: There has never been a problem with me personally.

Mr Coutts: Can you tell the Committee of your opinion of the breed and the legislation affecting them.

L Galvin: This is not viable, the formatted law is hard to enforce.  A case similar to this one was heard in a Queensland Council in September 2003 where they were unable to identify between the American pit bull and American Staffordshire hence this was overturned in August 2004.  Breed specific legislation does not work, if the owner’s intent is for malicious purposes they will move onto another breed of dog with fighting and aggressive tendencies.  With the breed specific legislation the pressure is on Council’s to seek out and blanket these dogs, which is unfair on staff.  There are a lot of dogs unregistered and Council is not targeting the right group, unfortunately the responsible owner ends up paying for it.

Mr Coutts: Have you got anything against the Staff Terrier breed.

L Galvin: No.

Mr Coutts showed the panel and objectors photos of breeds of dogs and asked if they could identify the breeds.

Mr Coutts: Lisa, you judge pit bull shows.

L Galvin: Yes, 4 shows and very knowledgeable on the breed.

Mr Coutts: If these pit bulls walked into an American Staffordshire show what would you say?

L Galvin: At the Bay of Plenty pit bull show an American Staffordshire could be shown but no they could not be identified as two separate breeds.

Mr Coutts in addressing the photos that had been handed out stated that all the dogs depicted are pit bull terriers and are currently in the dog pound.  He stated that he does not have a problem with dogs but has a problem with Section 33 of the Dog Control Act as Council’s must classify the type as menacing dogs.  Upper Hut City is also classifying American Staffordshire’s as menacing, they are pit bull type and therefore the Act says they must classify them.  Councils are not doing their duty if they are not being classified.

Mr Coutts:        Lisa, have you anything else to say

L Galvin: According to the American Kennel Club, the American Staffordshire terrier has a status.  These dogs originated from Ireland to America as a bull dog, so the definition of the name became American bull dog as they used them for herding and bull baiting.  The American Kennel Club now identifies these breeds as a cross bull dog assuming the name of English American Staffordshire which is the same dog.  American pit bulls are small dogs which are the original breed; the Staffordshire is a bigger dog and have been bred together.  Genetically there is no difference between these dogs.  The dogs are so alike even the breeders get confused.  American Staffordshire and pit bull’s is the same dog.  It is good to note that the American pit bull was not breed for fighting only as farm dogs.

Lisa Galvin gave out some pictures of American Staffordshire’s, English Staffordshire’s and American pit bull’s and asked the panel if they could identify which is which.

N Wharton: Lisa, in your words the breed specific legislation is difficult to enforce, what do you think are the breeds of dogs should be covered?  Could you write down the breeds of dogs under this legislation as not being identified one way or the other?

L Galvin: The enforcement of this legislation is upon Council’s.  The TYPE “pit bull” is so wide, but if there is one dog in this classification then they should all be classified.

Cr Waaka: It is difficult for Council under law (and within boundaries) to specify all types of classification as the law is not specific.

L Galvin: All Council’s should have the right to include all of these dogs in this classification.

Mr Coutts: Lisa, of all the classified pit bulls which one is more similar, the American Staffordshire or the pit bull?

L Galvin: They are the same dog.

Mr Coutts: All dogs need to be neutered and muzzled or the option of being neutered but definitely need to be muzzled in public places or fully fenced on private properties.

Mr Coutts: In the US can you register pit bulls as American Staffordshire’s.

L Galvin: They get a dual registration.  They are imported from another country as an American Staffordshire; they take the pit bull papers and call them American Staffordshire’s.

4.            PRESENTATION OF EVIDENCE BY MRS KATHY FOLLEY

Mrs Folley gave an overview of her evidence as contained in Appendix 1 to object to her dog being classified as of a pit bull type (attached).

            Mrs Folley stated that under the NZ Government legislation there are four banned breeds.  The American bull terrier type is not in the NZ Government legislation but is in RDC legislation.

            Mrs Folley stated that she has had “Suede” neutered and microchiped in June 2006.  Mrs Folley passed photos to the panel to ask them to identify the breeds of dogs depicted.  Staffordshire bull terriers and American Staffordshire bull terriers are cousins.  The breed is English then taken to America and this is where the breed on American Staffordshire Terriers came from.  Pit bulls are made up of all breeds.

            The panel asked questions in relation to Mrs Folley’s evidence:

            Mr Wharton: Number 15 – The Schedule of the Act does not list American pit bull as a breed only as a type.

            Mrs Folley: The American pit bull has been added on.  On the website, it is three breeds and one type.  The TYPE needs to be clarified.

            Mr Wharton: Of these photos of dogs (Staffordshire bull terriers), is your dog like this.

            Mrs Folley: The 8 year old dog is a Staffordshire bull terrier and the puppy “Suede” is an American Staffordshire which is its cousin.

            In addressing the photos of “What is a Pit bull”, Mr Wharton asked Mrs Folley if her dog looked like the Staffordshire bull terrier at the bottom of the page.  Mrs Folley stated that her dog has the blood of the pit bull type.

            Evidence was given on the background of the dogs and how they became recognized in America and through the American Kennel Club. 

            Mrs Folley stated that the American Staffordshire terrier is a recognised breed within NZ canine Authorities, so how can Council do this, if the government will not put this on the recognized lists of breeds.

            It was noted that the American pit bull terrier is a designated type under Schedule 4, part 2 of the Dog Control Act.  There has been no suggestion that any other Council has added this type of dog as a “breed” only as a TYPE.

            Mrs Folley stated that the American Staffordshire terrier is not a pit bull type.

            Mr Nicklin stated that once the dog database is changed as of 1 June 2006 the “pit bull terrier” will not be recognized only the “American pit bull terrier” type.

            Mr Nicklin: What was the date of the submission presented by the Animal Rights Legal Advocacy Network (ARLAN)?

            Mrs Folley: It was dated 17/6/03 and was for further consideration of the Dog Control Act after the Auckland incident and prior to the legislation changes.

5.            SUPERVISOR ANIMAL CONTROL RIGHT OF REPLY

            In closing Mr Coutts stated that everything is wrong with the Breed Specific Legislation, even though the American Staffordshire terriers are wonderful dogs this is all irrelevant when trying to classify Mrs Folley’s dog.  A vast majority of people cannot tell the difference between an American Staffordshire and an American pit bull and this is why they are classed as “menacing dogs”.

            It was noted that the Kapiti Council have no pit bulls left as the owners of these dogs are registering them as other dogs.  The second Notice that was sent to Mrs Folley was to rectify errors in the original Notice (typographical).

            It was also noted that all dogs in a public place are to be leashed which is a requirement of the Rotorua District Council Dog Control Bylaw.

The Chair thanked Mrs Folley for all the work that she has put into her evidence.

The Chair thanked those in attendance and advised that the Committee’s decision is Reserved.

The hearing closed at 3.10 pm

6.            RESERVED DECISION

The Decision of the Committee is that the classification of the dog “Suede” as “menacing” (dated 29 June 2005) is upheld.

The reasons for the decision are:

The Committee acknowledges Mrs Folley’s very responsible attitude to dog ownership and notes that there is no suggestion that the dog “Suede” has to date, exhibited any behaviour that would give cause for concern.

The Committee believes however that having regard to the history and the derivation of the American Staffordshire Breed, the statutory classification of “menacing” as a consequence of the dog being of the American Pitbull type, is justified and indeed a statutory requirement.

In her evidence, Mrs Folley referred to submissions presented to the Parliamentary Select Committee considering amendments to the Dog Control Act 1996, by the Animal Rights Legal Advocacy Network.  In spite of that and other submissions in opposition, the Committee notes that Parliament proceeded to change the Dog Control Act to impose the mandatory classification as ‘menacing’ those dogs belonging wholly or predominantly to one or more of the breeds or type now described in Schedule 4.

The Dog Control Act 1996 as amended, places a statutory obligation on Territorial Authorities to classify as ‘menacing’ dogs belonging wholly or predominantly to the American Pitbull Terrier Type as set out in Schedule 4 (Part 2) of the Act.

Having considered the evidence of both Ms Galvin and that presented by Mrs Folley, the Committee believes that the American Staffordshire Terrier breed and the American Pitbull type are descended from the same blood lines.

Whilst acknowledging that there are numerous websites providing information about the American Staffordshire Terrier Breed the Committee is swayed by information contained on the site “dogbreedinfo.com/americanstaffordshire.htm”.  That information clearly indicates that the American Staffordshire Terrier breed and the American Pitbull “type” are from the same strain.

The Committee notes that the requirement to muzzle “Suede” applies only when the dog is in a public place.

____________________________ ______________________ ____________________

Cr M Waaka Mr N Wharton Mr J Nicklin

Chairperson Planning & Bylaws    Director Environmental  Manager, Regulatory

Committee    Services    Services