Nsw Dog Seized

[wednesday]

Just thought I'd ask for some helpful suggestions. A friend of mine just called me and said that her friend has had her dog seized by the council and they are refusing to give it back. It's apparently a Rotti x (does not look like a pitty) and the story is that the neighbour hates it and has made up some rubbish about it and so the council came and took it.

I don't know the full story, but the owner is adamant that it's not a vicious dog, and thinks her local council has now locked the dog up somewhere in 'Bringelly' and it's costing $30 a day to keep it there. I thought maybe Renbury?? She said it was going to be temp assessed there?

This dog hadn't gotten out, or threatened any human or animal, so she was shocked that the council can seize someone's dog without any proof of it doing anything wrong, just on some vindictive persons word.

She's fighting it and has engaged a lawyer, however, my friend doubts this lawyer is well versed in dog specific cases, and so any helpful suggestions would be welcomed. Are there any cases similar in NSW? Are there any lawyers anyone knows of that have dealt with similar matters before? Apparently she lives in the St George area, not sure what council is involved.

[Miranda]

It sound very strange to me, obviously your friend has omitted some pertinent details. Contact Dogs NSW and ask them to recommend a lawyer experienced in dog legislation.

[WreckitWhippet]

If there was no notice of intent to declare the dog dangerous and it's not been off the property and involved in an attack, then council has no right to seize the dog and hold it.

The best thing a lawyer can do is to look at the due process, in many cases councils do not follow what is set out in the Companion Animals Act .

The same applies for any dog that is suspected of being a resticted breed.

Edited June 9, 2010 by SBT123

[GeckoTree]

You probably should move this to general and get a larger view, there's some legal type people on Dol that might know the step by step process.

[rotts4ever]

She's fighting it and has engaged a lawyer, however, my friend doubts this lawyer is well versed in dog specific cases, and so any helpful suggestions would be welcomed. Are there any cases similar in NSW? Are there any lawyers anyone knows of that have dealt with similar matters before? Apparently she lives in the St George area, not sure what council is involved.

I think the council would be Hurstville. This was some info on their site under pets. They had Local Orders as well as Companion Animal act on the site.

This is a bit cut and pasted from Local Orders. Not sure if this helps but might give them some info. I wonder if getting letters etc from other neighbours could help in anyway. I think I read something stupid in their info about neighbours not feeling safe in regards to orders given and urgent orders without notice

Lee

HURSTVILLE CITY COUNCIL

LOCAL ORDERS POLICY

KEEPING OF ANIMALS

When a problem is identified with the keeping of animals and it cannot be resolved through consultation, Council will issue notice of its intention to serve an Order. In urgent situations, an emergency Order may be issued without prior notice.

Local Orders Policy on Keeping of Animals (31.82kB)

5. COUNCIL’S POWERS TO CONTROL AND REGULATE THE KEEPING

OF ANIMALS

Generally, Council's power to control and regulate the keeping of animals is provided

under Section 124 of the Local Government Act 1993 and the Local Government

(Orders) Regulation 1993.

The Council may, in the appropriate circumstances, issue an Order to:-

a) prohibit the keeping of various kinds of animals;

b) restrict the number of various kinds of animals to be kept at a premises;

and,

c) require that animals be kept in a specific manner.

The Council may also issue Orders requiring:-

a) demolition of animal shelters built without the prior approval of the

Council; and,

b) the occupier to do or to refrain from doing such things as are specified

so as to ensure that land or premises are placed or kept in a safe or

healthy condition.

It is advised that Councils can exercise further controls over the keeping of animals

under the following Acts:-

a) The Companion Animals Act 1998;

b) The Dog Act 1966;

c) The Protection of the Environment Operations Act 1997;

d) The Environmental Planning and Assessment Act 1979;

e) The Impounding Act 1993; and,

f) The Food Act 1989 (prohibits animals to be kept where food is handled

for sale).

6. GIVING OF ORDERS BY COUNCIL

Generally, where a problem is identified with the keeping of animals and it cannot be

resolved by consultation, the Council will proceed to issue notice of its intention to

serve an Order. Normally a person will be given opportunity to make representations

to Council prior to a formal Order being issued. In situations where urgency is

required, an emergency Order may be issued without prior notice.

[WreckitWhippet]

The owner of the dog and their lawyer should have a good look at who is contracted for the ranger services for that council. That man thinks he's a law unto himself.

I would also suggest that they look for any failures to follow "due process" and get the DLG involved as well.

[wednesday]

Thanks guys, will pass the info on (and thanks for the PM's)!

The lady who owns the dog is a school teacher at my friends kids school, so I'm getting 2nd hand info - and like I said - I don't know if anything has been left out. I have pointed this out to my friend that if the dog has gotten out and/or attacked something/someone then it's a totally different story, but my friend is adamant that has not happened, and the dog is not aggressive at all. Given that she's a school teacher though, I can't see any motivation for her to lie or to keep a dangerous dog?

Guess I'll just wait and see what happens.

[mita]

She's fighting it and has engaged a lawyer, however, my friend doubts this lawyer is well versed in dog specific cases, and so any helpful suggestions would be welcomed.

The Law Society of NSW has a Solicitor Referral Service, whereby members of the public can get linked with a solicitor with a special interest in a certain issue. So your friend might be able to find a solicitor with interest in council by-laws re dog management.

Phone no to contact that service:

http://www.lawsociety.com.au/community/fin...lservice/008797

[K9Nev]

If there was no notice of intent to declare the dog dangerous and it's not been off the property and involved in an attack, then council has no right to seize the dog and hold it.

The best thing a lawyer can do is to look at the due process, in many cases councils do not follow what is set out in the Companion Animals Act .

The same applies for any dog that is suspected of being a resticted breed.

I have heard the same thing a few times that often the rangers don't know the legilsation well and have only a general overview. When a question arises regarding authority, often they ask a more senior person who doesn't really know either but collectively they form a comfort zone of what they believe can and cannot be done.

I remember an incident a few years ago I was told about, where a ranger attended someone's home to seize the their dog and the owners said no and shut the door in the ranger's face. The ranger called for police attendance and when the police arrived, the dog owners came out with a copy of the legislation pointing out several things that the ranger hadn't complied with which prevented seizure of the dog. The police agreed and wouldn't take action in support of the ranger and nothing could be done about the situation from a council perspective.

Sometimes the council and rangers bluff people thinking they are applying the legislation correctly when in fact they are not, and makes you think a bit if someone is demanding that you hand over your dog and does pay as a dog owner to have a good insight into the legilsation controlling dog ownership sometimes I think

[Ringo]

If they are relying upon the local council policy/orders then they have very little power to back these up. Local councils are continually told by the Dept of Local Government to rely upon the CAA and POCTA to deal with dog/cat complaints, don't make up your own local policy as it cannot be enforced.

It's like some councils passing local policies limiting the number of companion animals (not just dogs) that people are able to keep. They can do this all they like, but cannot enforce any of it because there is no legislation to back them up.