The owners of a nine-year-old German shepherd that killed an elderly cat argue their dog was defending itself after being attacked first.
By Justin Wong of Local Democracy Reporting
The Upper Hutt City Council had given the dog a "menacing" classification after it caused the death of 18-year-old tabby Puss in Boots on a public footpath at Amber Grove, Birchville, in September last year.
The owners challenged the decision at a hearing last week.
However, the council’s regulatory processes committee – including mayor Peri Zee and councillors Dave Wheeler and Daniel Welch – upheld the classification following 21 minutes of closed-door deliberations.
The hearing heard the unnamed dog, being walked on a lead and harness attached to one of the owners, was sniffing at a fence when the cat entered the footpath from a neighbouring driveway.
The cat “swiped” at the dog who then “retaliated”, the summary of facts stated.
"[CCTV] video footage shows the latter part of the incident, with your dog engaging the cat, which was at times pinned beneath the dog."
The dog’s owner, who separated the two animals, was the only eyewitness. The cat bit her on the middle finger.
The owners objected to the classification, saying there was no clear evidence their dog initiated aggression or displayed behaviour demonstrating an ongoing threat to domestic animals.
They told councillors greater weight should be given to eyewitnesses because the video footage was unclear and open to interpretation.
Their written submission said the cat leapt on to the dog’s face and "became attached to her head, clawing her".
"The clearest visible portion of the footage shows the cat attacking our dog, and jumping onto her face."
They said their dog reacted defensively after being attacked by the cat.
"Her body posture appears low and withdrawn, including a lowered tail and retreating movement, which are commonly associated with fear or distress responses in dogs rather than offensive or aggressive behaviour."
The owners believed the council’s decision was based on one isolated incident.
"It is deeply concerning that this one defensive reaction is now being used to label her as a threat, despite a long history of calm and non-aggressive behaviour."
Puss In Boots’ owners said they took the cat straight to the vet, where it died in their arms.
A menacing classification meant the dog must have a microchip transponder and not be in public without being muzzled.
The Upper Hutt council’s animal control annual report for 2023-24 showed 21 dogs were classified as menacing.
– Local Democracy Reporting (LDR) is local body journalism co-funded by RNZ and NZ On Air
SHARE ME