Dogs on Private Property

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9 years 2 months ago #34891 by kiwi39
Hi

We've recently moved to a lifestyle block and have allowed the previous owner 6 months to get rid of her stock (Shes moving into a townhouse)

She has access to the property and invariably brings her dog over which she has little or no control.

In the latest of 4 incidents, the dog has chased and killed one of our hens.

Does anyone know what legal right (with reference to the applicable legislation)

I'm writing to her tonight to prohibit the beast from our property, but I'd like to know what my legal rights are

thanks in advance

regards

Tim[:(!][:(!][:(!][:(!]

Kind regards ,

Tim

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9 years 2 months ago #458738 by eelcat
Replied by eelcat on topic Dogs on Private Property
A dog cannot be on your property and chase (and/or kill) your stock.

The Dog Control Act 1996 requires every dog owner to:
ensure the dog is registered in accordance with the Act, and that all relevant territorial authorities are promptly notified of any change of address or ownership of the dog;
ensure that the dog is kept under control at all times;
ensure that the dog receives proper care and attention and is supplied with proper and sufficient food, water and shelter;
ensure that the dog receives adequate exercise;
take all reasonable steps to ensure that the dog does not cause any nuisance to any other person, whether by persistent and loud barking or howling, or by any other means;
take all reasonalbe (sic) steps to ensure the dog does not injure, endanger, intimidate, or otherwise cause distress to any person;
take all reasonable steps to ensure the dog does not injure, endanger or cause distress to any stock, poultry, domestic animal or protected wildlife;
take all reasonable steps to ensure that the dog does not damage or endanger any property belonging to any other person;
comply with the requirements of the Dog Control Act and all Regulations and Bylaws made under the Act
Check out directly with your local Animal Control officer - under the phone listing for your council

1 Border collie, 1 Huntaway, 2 Lhasa Apsos, Suffolk and arapawa ewe crosses, an Arapawa ram,an East Friesian ewe , 5 cats, 42 ducks , 1 rooster and 30 hens, 5 geese, 12 goats, 2 donkeys, 2 house cows, one heifer calf, one bull calf, 3 rabbits and lots and lots and lots of fruit trees...

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9 years 2 months ago #458739 by kai
Replied by kai on topic Dogs on Private Property
Ban the animal. Also stick closely to the 6 month ultimatum to get rid of the stock.

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9 years 2 months ago #458741 by kiwi39
Replied by kiwi39 on topic Dogs on Private Property
Thanks Eelcat.

Yep, I'm aware of the act and the responsibilities of the dogs owner - and that the act has been breached.

What is not clear to me are my rights to prohibit the animal from my property

thanks

Tim

Kind regards ,

Tim

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9 years 2 months ago #458742 by Aquila
Replied by Aquila on topic Dogs on Private Property
Ban the dog with consequences if it doesn't stay away, stick to the 6 month agreement regarding the stock, again with consequences. 6 months is generous

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9 years 2 months ago #458744 by kai
Replied by kai on topic Dogs on Private Property
also a month before the 6 months is up, send a letter stating that if the stock remains on the property you will charge $100 per week for grazing, if it remains unpaid then stock will be sold to cover the debt.
You have to be tough, I was left in a difficult situation by a former owner of the last property. The temporary arrangement (not grazing in this case) turned into 18 months

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9 years 2 months ago #458748 by Aquila
Replied by Aquila on topic Dogs on Private Property
I'd be harder, state if the animals are on the property the day after the 6 months expires then they will be considered abandoned and will become your property to dispose of as you see fit.

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9 years 2 months ago #458749 by kai
Replied by kai on topic Dogs on Private Property
either would do, point is, give notice and then stick to it

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9 years 2 months ago #458752 by eelcat
Replied by eelcat on topic Dogs on Private Property
Your property, you control who is on it, including other people's animals. The dog is not a member of the herd or flock of animals that is there for 6 months, so she doesn't have any right whatsoever to bring onto your place an animal outside the agreement.

I'd say it nicely once, and then ask the Animal Control officer for help. Ours was very useful recently

1 Border collie, 1 Huntaway, 2 Lhasa Apsos, Suffolk and arapawa ewe crosses, an Arapawa ram,an East Friesian ewe , 5 cats, 42 ducks , 1 rooster and 30 hens, 5 geese, 12 goats, 2 donkeys, 2 house cows, one heifer calf, one bull calf, 3 rabbits and lots and lots and lots of fruit trees...

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9 years 2 months ago #458757 by kiwi39
Replied by kiwi39 on topic Dogs on Private Property
Thanks for the advice.

I sent a firm but delicately worded (thanks to Mrs R for the rewrite ) email and got a good response .

Tim

Kind regards ,

Tim

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9 years 2 months ago #458759 by DiDi
Replied by DiDi on topic Dogs on Private Property
I agree. It is your property and no to bringing any animal onto the property that you do not want on it. I have to admit I would not even allow my best friend to bring a dog onto my property that killed one of my chooks (if I had them) so just NO!

I also think you are very likely to be left with the animals on your property so from a quick flick of the replies so far - give her notice! They are yours or they are gone and so is she. It is your home at the end of the day. All the best.

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9 years 2 months ago #458768 by Aquila
Replied by Aquila on topic Dogs on Private Property
Animal control will do bugger all, if it was my place us make it known the dog wasn't welcome and would be shot on sight

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9 years 2 months ago #458794 by Minky2
Replied by Minky2 on topic Dogs on Private Property
It's incredibly rude and inconsiderate to take your dog onto ANYBODY'S property, rural or not, WITHOUT permission. Sounds like you have the problem sorted fortunately, but I would just say 'I do not allow other people's dogs on my property' - it's funny how many people think that because you have dogs yourself, they are welcome to bring their horrible, untrained, dirty, out of control lunatic dogs to run riot around your property, creating havoc. (As you can tell I've had some bad experiences with this issue!) Your property, your rules, the 'legal' part shouldn't even have to feature in it.

Oh, and of course, the dog owner will be absolutely devastated that her dog killed one of your hens and will be offering very sincere apologies and a replacement, right??

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9 years 2 months ago #458795 by germanshepherd
Replied by germanshepherd on topic Dogs on Private Property
I saw one of those trouble making animal control people at Pukekohe hill a few days ago telling a person off for having her dog off leash.It is a park with no signs about at all.The animal control person smiled at me when it went past.I knew it had been looking for trouble and i glared back.The animal control people under Ken Muir are a nasty lot too plus the guy isn't even liked with most of his staff

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9 years 2 months ago #458797 by Ruth
Replied by Ruth on topic Dogs on Private Property

germanshepherd;460231 wrote: I saw one of those trouble making animal control people at Pukekohe hill a few days ago telling a person off for having her dog off leash.It is a park with no signs about at all.The animal control person smiled at me when it went past.I knew it had been looking for trouble and i glared back.The animal control people under Ken Muir are a nasty lot too plus the guy isn't even liked with most of his staff

I fail to see your point. Do you know that the dog owner had control over her dog?

I'm more surprised to hear about an AC person actually doing anything!

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