Rottweilers no longer 'menacing'

Monday, 9 July 2018

Colyers Island resident Darryl Russell's rottweiler dogs were classified as menacing, but her fight to get the classification overturned has been successful.

Two rottweiler dogs are no longer classified as menacing after an alleged attack on a child could not be proven.

Darryl Russell's two dogs, Ted and Tish, were classified as menacing by the Invercargill City Council after an alleged biting incident on the mudflats at Colyers Island, which she owns and lives on, in March.

However, Russell successfully appealed against the menacing classification at a hearing before three city councillors in June.

During the hearing, council staffer Elle Dickson said Ted and Tish posed an ongoing risk to people and she wanted the menacing classification to stand, but Russell said the attack never happened and there was no evidence of a wound to the child.

READ MORE: 'My dogs aren't vicious mongrels'

Russell said the children were on her driveway, which leads to the mudflats, and they were screaming when her dogs were near them, but the dogs 'rounded up' the children and did not bite them.

The dogs returned to Russell when she called them, she said.

In a written decision released this month, the councillors who presided over the hearing, Darren Ludlow, Karen Arnold and Toni Biddle, upheld Russell's appeal and revoked Ted and Tish's classification as menacing dogs.

The councillors accepted that Russell had total voice command over her dogs, and said there was no evidence of an attack.

'We only have the witness statement of the mother.'

The councillors said they understood the level of frustration Russell must have with people trespassing on her island.

It was appropriate Russell took urgent steps to put up new signage advising the island in Bluff harbour was private property and that dogs were on the island.

' … we do not believe the dogs Ted and Tish continue to pose an ongoing threat to people to justify the [menacing] classification continuing,' the decision says.

'We believe that the steps taken by Ms Russell … and her ongoing voice control over the dogs will continue to ensure the public safety.'

The decision was made in light of all the circumstances, including the nature of the island and its access way.

Russell said she was delighted with the decision.

Her dogs were good, she said.

'It's winter now, we don't have trespassers in the winter, only on warm days.'

If her dogs had been classified as menacing they would not have been allowed in a public place unless muzzled or in a vehicle or cage.

A city bylaw also stipulates dog owners must ensure the public can gain unrestricted access to at least one doorway of their home without being impeded by a dog.