But the destruction of the unregistered black and tabby canine is on pause while her owner, Natasha Robins,asks the High Court to free her from doggy death row.
Robins appeared in New Plymouth District Court last week facing admitted charges of failing to register a dog and owning a dog that rushed.
On October 24, last year, the complainant was part of a group of eight cyclists heading along Otaraoa Rd, towards Tikorangi in Taranaki, Judge Gregory Hikaka said, referring to the summary of facts.
The group was cycling in a four-by-two formation at about 25km/h.
As the group neared Robins’ house, Indy appeared in the driveway and began barking aggressively before rushing from the property.
She ran at and into the cyclists causing riders to crash.
The complainant, who was in the second row closest to the road, fell from his bike and landed on the handlebars of another bike. He was left in significant pain.
After the cyclists yelled at Indy to go away, she ran off and they phoned an ambulance and New Plymouth District Council Animal Control.
While the group was waiting for an ambulance, Robins came out of her house and asked the cyclists which dog had caused the crash.
The case was heard in New Plymouth District Court last week. Photo / Tara Shaskey
Judge Hikaka said the man suffered five fractured ribs in the crash and secondary injuries, including a collapsed lung and respiratory tract infection.
Meanwhile, animal control officers visited Robins’ home the next day but she was not there. On November 8, they returned and seized and impounded Indy.
In court, prosecutor Jacob Bourke, on behalf of the New Plymouth District Council, said the main issue for the judge to consider was the destruction order, which is a discretionary consideration.
“This is a rushing charge, so it’s a lot more different to the usual destruction, where there has been an actual attack.”
He submitted a fine was appropriate and a destruction order should also be imposed given there were ongoing issues with Indy.
Bourke said the dog had a history of rushing from the property and getting among cyclists, causing concern and accidents.
While giving Indy a dangerous classification was an option, it would require Robins to adhere to a range of conditions.
But the council did not consider her a responsible dog owner, Bourke submitted.
“The council’s confidence in Ms Robins to comply with classification conditions, if imposed, is low.”
Defence lawyer Susan Hurley said Robins accepted a fine was appropriate and acknowledged the complainant suffered serious injuries when he came off his bike.
While Robins admitted she had previously been non-compliant, she had been navigating personal issues at the time, Hurley submitted.
She said Robins recently fully fenced her section and was committed to complying with her obligations as a dog owner.
Hurley submitted there had not been any incidents involving Indy in the past six years and while Robins would not oppose her being recorded as a dangerous dog, she did not want a destruction order imposed.
“She just wants Indy home for the remainder of her life. She is towards the end of her life.”
Judge Hikaka said he received several letters of support detailing Robins’ affection for Indy and how the dog behaves around others, including children.
The judge was told Indy’s condition was deteriorating while in the pound and it was having a “big impact” on Robins and Indy.
“There is a plea from a number of people that the dog not be put down because of this incident,” he said.
“In all of those pleas what has not been, in my view, adequately addressed is the significant impact on the person injured as a result of the chaos that the dog caused.”
Judge Hikaka said the man had described the incident as traumatic and while he was normally very active, that had been extremely impeded.
The judge read aloud the council’s history of Robins not registering her dogs and the animals rushing at people and found it was unsatisfactory the way she managed her dogs.
He imposed an order to destroy Indy, fined Robins $300 on the charges and ordered her to pay $300 in emotional harm reparation.
Hurley immediately indicated Robins would appeal the destruction order and asked Judge Hikaka to direct Indy not be put down pending the appeal, which he did.
Tara Shaskey joined NZME in 2022 as a news director and Open Justice reporter. She has been a reporter since 2014 and previously worked at Stuff covering crime and justice, arts and entertainment, and Māori issues.
