Euthanizing dogs in the pound
Jillian Kearney made this Official Information request to Far North District Council
The request was partially successful.
From: Jillian Kearney
Dear Far North District Council,
Please advise who has formal authority, and delegated authority, to decide to euthanize a dog from the pound.
Please advise who has formal and/or delegated authority to decide to euthanize a dog after the dog is picked up from a resident, without taking the dog to the pound first. Please advise similarly in cases where the dog has been picked up from the streets or roaming loose, and is euthanized without being taken to the pound first.
Please attach a copy of your operational policy and/or any written procedures, or emails, or meeting minutes, which provide information on the process by which it is decided which dogs be euthanized from the pounds, and which do not. This includes draft versions of policy or procedures if formal versions do not yet exist.
Yours faithfully,
Jillian Kearney
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Far North District Council
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Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
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From: Ask Us Team
Far North District Council
Kia ora Jillian
Thank you for your request received 30 June 2018.
Pursuant to the Local Government Official Information and Meetings Act
1987, you will receive a reply within twenty working days of Council
receiving your request.
Please quote your customer Reference 3897622 in any future correspondence
concerning this matter.
Naku noa
Donna
[1][IMG] Ask Us Team
District Services
Far North District Council
09 401 5200 or 24-hour Contact Centre 0800 920 029 |
[2][Far North District Council request email]
-----Original Message-----
From: Jillian Kearney
[[3]mailto:[FOI #8169 email]]
Sent: Saturday, 30 June 2018 3:09:53 p.m.
To: Ask Us Team
Subject: Official Information request - Euthanizing dogs in the pound
Dear Far North District Council,
Please advise who has formal authority, and delegated authority, to decide
to euthanize a dog from the pound.
Please advise who has formal and/or delegated authority to decide to
euthanize a dog after the dog is picked up from a resident, without taking
the dog to the pound first. Please advise similarly in cases where the dog
has been picked up from the streets or roaming loose, and is euthanized
without being taken to the pound first.
Please attach a copy of your operational policy and/or any written
procedures, or emails, or meeting minutes, which provide information on
the process by which it is decided which dogs be euthanized from the
pounds, and which do not. This includes draft versions of policy or
procedures if formal versions do not yet exist.
Yours faithfully,
Jillian Kearney
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Attention: The information contained in this email (including any
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Council. The Far North District Council accepts no responsibility for any
interception of, or changes to, our email after it leaves us. We do not
accept responsibility for any viruses or similar carried with our email,
or any effects our email may have on the recipients computer system or
network.
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Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
Ph. 09 401 5200 | Fax. 09 401 2137 | Email. [Far North District Council request email]
Address. Memorial Avenue, Private Bag 752, Kaikohe 0440, New Zealand
Please consider the environment before printing this email.
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From: Carla Ditchfield-Hunia
Far North District Council
Ms Jillian Kearney
By email only: [FOI #8169 email]
Dear Ms Kearney
Official Information Request – RFS 3897622
I refer to your official information request received 2 July 2018
regarding the dog pound managed by the Far North District Council. Your
request has been referred to Legal Services for consideration under the
provisions of the Local Government Official Information and Meetings Act
1987 (“the LGOIMA”).
Your request and corresponding answers are as follows:
1. Please advise who has formal authority, and delegated authority, to
decide to euthanise a dog from the pound.
The Dog Control Act 1996, section 69 provides a territorial authority with
such authority. The Local Government Act 2002, section 42 provides a Chief
Executive the power to delegate such an authority to any person employed
by organisation. This appropriately includes members of the Animal
Management Team.
Authority to order the destruction of a dog also extends to the Court.
2. Please advise who has formal and/or delegated authority to decide to
euthanize a dog after the dog is picked up from a resident, without
taking the dog to the pound first. Please advise similarly in cases
where the dog has been picked up from the streets or roaming loose,
and is euthanized without being taken to the pound first.
Council can only provide information regarding Council obligations and
operations. Obligations on parties outside of Council regarding
euthanising dogs is not information held by Council. Therefore the
information you seek is refused pursuant to section 17(g) of the LGOIMA.
3. Please attach a copy of your operational policy and/or any written
procedures, or emails, or meeting minutes, which provide information
on the process by which it is decided which dogs be euthanized from
the pounds, and which do not. This includes draft versions of policy
or procedures if formal versions do not yet exist.
We have considered your request and have concluded that it would take a
substantial amount of research and collation to fulfil. However, to avoid
refusing your request pursuant to section 17(f) of the LGOIMA or imposing
a charge pursuant to section 13(1A) of the LGOIMA we invite you to refine
the scope of your request. Should you wish to narrow down the request,
please let Council know. Once we receive a reply from you we will respond
as soon as reasonably practicable.
Thank you for your enquiry.
Yours faithfully
[1]FNDC Legal Services
logo Corporate Services, Far North District Council | 24-hour Contact
Centre 0800 920 029
[2]Website | [3]Facebook | [4]LinkedIn | [5]Careers
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Attention: The information contained in this email (including any
attachments) is intended solely for the addressee(s). It is confidential
and may be legally privileged. If you have received this email in error
you must not use, copy, disclose or distribute it or any information in
it. Please simply notify the sender and delete or destroy all copies of
the email immediately. Unless formally stated, this e-mail and any
attachments do not necessarily reflect the views of the Far North District
Council. The Far North District Council accepts no responsibility for any
interception of, or changes to, our email after it leaves us. We do not
accept responsibility for any viruses or similar carried with our email,
or any effects our email may have on the recipients computer system or
network.
-----------------------------------------------------------
Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
Ph. 09 401 5200 | Fax. 09 401 2137 | Email. [Far North District Council request email]
Address. Memorial Avenue, Private Bag 752, Kaikohe 0440, New Zealand
Please consider the environment before printing this email.
References
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From: Jillian Kearney
Dear Carla Ditchfield-Hunia,
Thank you for your response to question 1 in my request for information. I would like to clarify questions 2 and 3. Question 2 appears to have been interpreted as referring to "parties outside of Council" which, fairly enough, Council is not authorized to answer. My reference in the question to "formal and/or delegated authority" was intended however to refer to Council authority, as in Question 1. May I please re-phrase the question in this way:
2. Please advise who has formal and/or delegated authority WITHIN COUNCIL to decide to
euthanize a dog after the dog is picked up from a resident BY COUNCIL STAFF, without
taking the dog to the pound first. Please advise similarly in cases
where the dog has been picked up from the streets or roaming loose BY COUNCIL STAFF,
and is then euthanized without being taken to the pound first. (In these cases, "Council staff" will presumably consist of the Animal Management Team.)
I phrased Question 3 as broadly as I did to ensure it covers the nature of the relevant material, in whatever form it exists. Rest assured I did not intend to ask for a comprehensive dossier, as I will be reading it in my own time! Thank you for giving me the opportunity to rephrase my question. May I do so as follows:
3. Please attach a copy of Council's operational policy relating to the process by which it is decided which dogs from the pounds are chosen to be euthanized, and which are not. IF no formal policy exists at this stage, please provide draft versions of any such policy in preparation. IF no draft policy exists at this stage, please provide whatever formal written material exists on procedures relating to decisions on which dogs are euthanized, and which are not. IF no formal written material exists, and decisions of this nature are undertaken with reference to council emails or meeting minutes, please provide such information insofar as it constitutes the basis for such decisions. IF, however, decisions of this nature are taken on an ad hoc basis, without any reference to formal, written, or minuted guidelines, please advise of this.
Thank you for your time, and I hope this clarification makes it easier to provide answers to my remaining questions.
Yours sincerely,
Jillian Kearney
From: Carla Ditchfield-Hunia
Far North District Council
Hello
I am unavailable today, returning to work tomorrow 2 August 2018. If your
query is urgent please contact Robert Manuel - [email address].
Kind regards
Carla Ditchfield-Hunia
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Attention: The information contained in this email (including any
attachments) is intended solely for the addressee(s). It is confidential
and may be legally privileged. If you have received this email in error
you must not use, copy, disclose or distribute it or any information in
it. Please simply notify the sender and delete or destroy all copies of
the email immediately. Unless formally stated, this e-mail and any
attachments do not necessarily reflect the views of the Far North District
Council. The Far North District Council accepts no responsibility for any
interception of, or changes to, our email after it leaves us. We do not
accept responsibility for any viruses or similar carried with our email,
or any effects our email may have on the recipients computer system or
network.
-----------------------------------------------------------
Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
Ph. 09 401 5200 | Fax. 09 401 2137 | Email. [Far North District Council request email]
Address. Memorial Avenue, Private Bag 752, Kaikohe 0440, New Zealand
Please consider the environment before printing this email.
hide quoted sections
From: Carla Ditchfield-Hunia
Far North District Council
Ms Jillian Kearney
By email only: [FOI #8169 email]
Dear Ms Kearney
Official Information Request – RFS 3897622
I refer to your further request on 31 July 2018. Your request has been
referred to Legal Services for consideration under the provisions of the
Local Government Official Information and Meetings Act 1987 (“the
LGOIMA”).
Your further request and corresponding answers are as follows:
Please advise who has formal and/or delegated authority WITHIN COUNCIL to
decide to euthanize a dog after the dog is picked up from a resident BY
COUNCIL STAFF, without taking the dog to the pound first. Please advise
similarly in cases where the dog has been picked up from the streets or
roaming loose BY COUNCIL STAFF, and is then euthanized without being taken
to the pound first. (In these cases, "Council staff" will presumably
consist of the Animal Management Team.)
All euthanasia procedures are performed by a qualified veterinarian. The
decision to euthanise is made by following Council procedure. Your
question does not fit within the parameters of Council procedure therefore
the incidences you refer are not applicable to Council.
Please attach a copy of Council's operational policy relating to the
process by which it is decided which dogs from the pounds are chosen to be
euthanized, and which are not. IF no formal policy exists at this stage,
please provide draft versions of any such policy in preparation. IF no
draft policy exists at this stage, please provide whatever formal written
material exists on procedures relating to decisions on which dogs are
euthanized, and which are not. IF no formal written material exists, and
decisions of this nature are undertaken with reference to council emails
or meeting minutes, please provide such information insofar as it
constitutes the basis for such decisions. IF, however, decisions of this
nature are taken on an ad hoc basis, without any reference to formal,
written, or minuted guidelines, please advise of this.
Council’s procedures concerning Pound Operations is currently being
developed and is not in a collated draft form for release at this stage.
However we can provide you with the relevant Council Procedure for
euthanasia of dogs which is as follows:
Far North District Council Procedure: Dog destruction / Euthanasia
pursuant to section 69 of the Dog Control Act 1996
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Section 69 states:
“Where the owner of the dog is not known and cannot be identified from the
dog registration label or disc, the territorial authority may, after the
expiration of 7 days after the date of seizure of the dog, sell, destroy,
or otherwise dispose of the dog in such manner as it thinks fit.”
_____________________________________________
Method of euthanasia is by veterinarian.
Dogs not claimed by their owners or found to be unsuitable for adoption
can only be ‘destroyed’ after the expiration of 9 days withholding in the
Pound.
Dogs may be destroyed within the 9 day period only if the following
applies:
o A Consent Agreement has been correctly signed whereby the dog owner
has agreed to his/her dog being destroyed by the Animal Management Unit of
the Far North District Council before the expiration of the 9 day holding
period following a decision based on welfare of the dog which shall be
supported by a registered veterinarian;
OR
o The dog is sick and/or injured and a registered veterinarian has,
for reasons of the dogs welfare and/or to mitigate suffering, the dog
needs to be destroyed.
Where euthanasia is necessary, formal verification letter from the
qualified agency must accompany the dogs impound records and be linked to
the dog and the RFS in Pathways.
______________________________________________
Please note that all Council Policy and Procedure regarding Pound
Operations is currently being reviewed and developed, the above excerpt
provided to you represents what is currently held by Council but a final
draft of Council Pound operations is yet to be collated, reviewed and
finalised.
We hope this satisfies your further queries.
Thank you for your enquiry.
Yours faithfully
[1]FNDC Legal Services
logo Corporate Services, Far North District Council | 24-hour Contact
Centre 0800 920 029
[2]Website | [3]Facebook | [4]LinkedIn | [5]Careers
--------------------------------------------------------------------------
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www.fndc.govt.nz
-----------------------------------------------------------
Attention: The information contained in this email (including any
attachments) is intended solely for the addressee(s). It is confidential
and may be legally privileged. If you have received this email in error
you must not use, copy, disclose or distribute it or any information in
it. Please simply notify the sender and delete or destroy all copies of
the email immediately. Unless formally stated, this e-mail and any
attachments do not necessarily reflect the views of the Far North District
Council. The Far North District Council accepts no responsibility for any
interception of, or changes to, our email after it leaves us. We do not
accept responsibility for any viruses or similar carried with our email,
or any effects our email may have on the recipients computer system or
network.
-----------------------------------------------------------
Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
Ph. 09 401 5200 | Fax. 09 401 2137 | Email. [Far North District Council request email]
Address. Memorial Avenue, Private Bag 752, Kaikohe 0440, New Zealand
Please consider the environment before printing this email.
References
Visible links
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From: Jillian Kearney
Dear Carla Ditchfield-Hunia,
Thank you for your reply. Can I query two points:
1/ You state quoting s69 that generally speaking a dog may be destroyed after "the expiration of 7 days"; but a paragraph later you say it "can only be ‘destroyed’ after the expiration of 9 days". Is it 7 or 9?
2/ Some words appear to be missing from the following paragraph provided in your answer:
"The dog is sick and/or injured and a registered veterinarian has,
for reasons of the dogs welfare and/or to mitigate suffering, the dog
needs to be destroyed." Could this be clarified, please?
Thank you.
Yours sincerely,
Jillian Kearney
From: Carla Ditchfield-Hunia
Far North District Council
Ms Jillian Kearney
By email only: [FOI #8169 email]
Dear Ms Kearney
Official Information Request – RFS 3897622
I refer to your further request on 8 August 2018. Your request has been
referred to Legal Services for consideration under the provisions of the
Local Government Official Information and Meetings Act 1987 (“the
LGOIMA”).
Your further request and corresponding answers are as follows:
1. You state quoting s69 that generally speaking a dog may be
destroyed after "the expiration of 7 days"; but a paragraph later you say
it "can only be ‘destroyed’ after the expiration of 9 days". Is it 7 or 9?
The legislation states 7 days, Council policy stipulates 9 days.
2. Some words appear to be missing from the following
paragraph provided in your answer: "The dog is sick and/or injured and a
registered veterinarian has, for reasons of the dogs welfare and/or to
mitigate suffering, the dog needs to be destroyed." Could this be
clarified, please?
It should be read as follows: Dogs may be destroyed within the 9 day
period only if the following applies: - The dog is sick and/or injured and
a registered veterinarian has, for reasons of the dogs welfare and/or to
mitigate suffering, finds that the dog needs to be destroyed.
Thank you for your enquiry.
Yours faithfully
[1][IMG] Legal Services
Corporate Services, Far North District Council | 24-hour
Contact Centre 0800 920 029
[2]Website | [3]Facebook | [4]LinkedIn | [5]Careers
--------------------------------------------------------------------------
Get it done online at your convenience, visit our website -
www.fndc.govt.nz
-----------------------------------------------------------
Attention: The information contained in this email (including any
attachments) is intended solely for the addressee(s). It is confidential
and may be legally privileged. If you have received this email in error
you must not use, copy, disclose or distribute it or any information in
it. Please simply notify the sender and delete or destroy all copies of
the email immediately. Unless formally stated, this e-mail and any
attachments do not necessarily reflect the views of the Far North District
Council. The Far North District Council accepts no responsibility for any
interception of, or changes to, our email after it leaves us. We do not
accept responsibility for any viruses or similar carried with our email,
or any effects our email may have on the recipients computer system or
network.
-----------------------------------------------------------
Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
Ph. 09 401 5200 | Fax. 09 401 2137 | Email. [Far North District Council request email]
Address. Memorial Avenue, Private Bag 752, Kaikohe 0440, New Zealand
Please consider the environment before printing this email.
References
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