Whanganui District Court orders dog to be destroyed after dangerous unprovoked attack

Monty was released by council following the attack under strict conditions while the prosecution was ongoing. Photo / Bevan Conley

A dog that was returned to live with its owner after attacking another dog must be destroyed, a court has ruled.

Despite last-minute pleas by the dog's owner, Judge Philip Crayton told the Whanganui District Court on Tuesday the dog had to be destroyed.

Monty, a pitbull terrier, was swimming in the Whanganui River last year and surfaced to attack another dog as it walked past with its owner.

Monty's owner Denise Mead was too far away to prevent the attack, in which Monty bit and clamped down on the dog, inflicting major injuries.

Whanganui District Council representative Joelle Avery told the court there were no "exceptional circumstances" under the Dog Control Act to save the dog from destruction. "The dog was returned, but just while the prosecution was ongoing."

Monty was returned to Mead on condition the dog was secure inside the property and muzzled if it left the premises.

Mead's solicitor Jamie Waugh argued that there were exceptional circumstances.

"[The] suggestion seems to be that destruction is about stopping a dog that bites people and has a risk of being violent again," Waugh said.

"Miss Mead has been a dog owner for 51 years and had no issues with dogs. The dog now stays at home and council has let it be there for a number of months."

But Judge Crayton said he struggled to see how these circumstances were exceptional.

"The legislation actually presumes that a dog that has attacked, will attack again and that's why destruction is mandatory unless there are exceptional circumstances," he said.

"There is little distinction between a dog moving towards the water and a human being. In either instance, the attack, if it occurs, is one that is disturbing and concerning."

Judge Crayton ordered Mead to pay reparation of $890.50 for expenses incurred by the victim, $350 emotional harm reparation, $250 solicitor's costs and an $80.50 service fee.