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Home / New Zealand

Far North council defends taking ‘stray’ dog from locked kennel on man’s property

Mike Dinsdale
By Mike Dinsdale
Editor. Northland Age·Northern Advocate·
8 Jan, 2024 04:00 PM6 mins to read

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Sky, the stray who wandered onto Kawakawa builder Solomon Johnson’s property. He wanted to adopt her, but council staff took her from a locked kennel on his property.

Sky, the stray who wandered onto Kawakawa builder Solomon Johnson’s property. He wanted to adopt her, but council staff took her from a locked kennel on his property.

Far North District Council has defended its animal control staff removing a dog from a man’s locked dog kennel after receiving a call from a neighbour of the man to pick the “stray” dog up.

Now the man, Kawakawa builder Solomon Johnson, wants the dog back so he can officially adopt it.

On November 4, a friendly black dog wandered into Johnson’s home in Kawakawa. Johnson decided to help her out, and posted her photo on Facebook, naming her Sky for her striking blue eyes, but initially, he wasn’t sure if he wanted to adopt the dog.

“I posted her photo on Facebook the next day and thought her original owner might see her. She’s really only just a puppy, about 6 months old,” he said.

Johnson took Sky to work on his construction sites.

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“She got on with the other dogs. But mostly, she hung by my heels all day. I was thinking that if the original owner didn’t turn up, maybe I would keep her,” he said. “She is really friendly.”

On November 13, Johnson was working on a site that was not safe for Sky, so he left her at home in a large, secure kennel and run. She was booked in to be vaccinated and desexed at Bay of Islands Veterinary Services, through Bay of Islands Animal Rescue (BOIAR).

However, he got home that night to find her kennel broken open, and Sky missing. After a search, he rang the Far North District Council (FNDC) animal control.

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He said he was told the FNDC had received a phone call from someone who stated Johnson wanted Sky impounded because she was aggressive.

He said the council told him animal control staff then went to his home while he was at work. Wooden boards were removed from the locked kennel and when Sky tried to hide out of sight, they used a “catchpole” to drag her through the gap.

Johnson said no notice of entry onto his property or impounding was left, even though he says that is legally required. He said the FNDC did not attempt to advise him it was entering his property, nor tell him it was seizing Sky, in advance.

The kennel and run in Kawakawa that FNDC animal control staff broke in to remove dog Sky, who the council said a neighbour had reported as a stray.
The kennel and run in Kawakawa that FNDC animal control staff broke in to remove dog Sky, who the council said a neighbour had reported as a stray.

“The pound is the last place I would want any dog. I told the officer I wasn’t happy about it.”

The council agreed not to charge him for the impounding, but required him to pay the registration fee so she could be released. He has yet to get ownership of Sky.

The FNDC disputes some of what Johnson claims and compliance manager Rochelle Deane said the animal management team were requested (via a telephoned Request For Service to the council) to collect a stray, secured dog from a property in Kawakawa late on November 12.

On speaking with the requester, it was arranged to collect the dog the next day.

“After arriving, the animal management officer [AMO] was informed by the requester that the dog had been contained within a large kennel at a neighbour’s property. That property owner, Solomon Johnson, was not at the address,” Deane said.

“The dog had retreated to the rear of the kennel, making it difficult to access safely. Another neighbour approached the AMO and said he had spoken to the property owner. He offered to remove one of the slats of the kennel so the AMO could access and remove the dog safely and humanely.”

She said a catchpole was used because this was the safest method to remove the unknown, nervous dog from a contained area. A catchpole has a large releasable loop attached to a pole used for controlling dogs. The loop is designed to avoid causing injury or trauma.

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“As the dog was reported as stray, there was no dog owner to provide written notice of impounding to. On the afternoon of November 13, Mr Johnson contacted animal management to advise that he or someone he knew may be interested in adopting the dog if the dog owner was not found. Mr Johnson was advised of release fees and of adoption fees if the dog was suitable for rehoming,” Deane said.

“On November 20, Mr Johnson claimed that he was the dog owner and wanted the dog back. Mr Johnson had previously advised animal management on multiple occasions that he was not the owner of the dog. He was unable to provide evidence that the dog was his. The dog was not registered or microchipped and no other evidence, such as images or veterinary documents, were produced.’’

She said no doubt Johnson had the best intentions for the dog, however, the council was required by the Dog Control Act 1996 to retain an impounded dog for seven days to allow the rightful owner to claim the dog. Where no owner is found, the council will then assess the dog to determine its suitability for rehoming.

“This dog has since been assessed by animal management staff and is suitable for rehoming. It will be transferred to a reputable rescue facility... This was a very straightforward example of the work our team does almost daily: we responded quickly to a report of a stray dog, that dog was uplifted humanely and was impounded, as is legally required, for seven days. The dog has now been assessed and will be adopted out. This is a positive result for a dog that had no owner and was stray.’’

However, an advocate for Johnson, Leonie Exel from the Bay of Islands Watchdog group, said Sky was getting good care and causing no problems for anyone, until the council got involved.

“Mr Johnson found a stray dog and acted responsibly by keeping her from harm. He looked for her original owner via Facebook, booked her in for microchipping, desexing and vet assessment, and checked out whether any of his friends may want a beautiful, lost dog. Sky was not costing the ratepayer or the taxpayer any money, and she was on the road to having a healthy, happy future,” Exel said.

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“In contrast, FNDC’s statement shows that they chose to listen to a neighbour then walked onto Mr Johnson’s property... and broke into his dog kennel. They dragged Sky out with a catchpole,” she said.

Exel said the council saying this was “a straightforward example of the work our team does almost daily” should cause alarm bells for all dog owners.

“They chose to believe a neighbour’s allegations about Sky being an unowned stray, without checking that these allegations were correct, or seeking any actual evidence for them. Without speaking to Sky’s rescuer... FNDC’s AMOs then decided to walk onto a person’s property, and prise open their locked dog kennel.

“When dogs are safely contained, there is no ‘emergency’ or danger which requires their uplift. In other councils, standard operating procedure is to leave information for the person who is caring for the dog, and then follow up. Why is FNDC uplifting safe dogs?”

Mike Dinsdale is the editor of the Northland Age and also covers general news for the Advocate. He has worked in Northland for almost 34 years and loves the region.

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