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Please provide legal advice showing dogs should not be neutered unless relinquished

Leo Exel made this Official Information request to Auckland Council

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From: Leo Exel

Dear Auckland Council,

I write under LGOIMA in the hope that you can get information on dog neutering to us quickly! Sorry for the rush, however on Thursday this coming week, the Far North District Council, intends to pass a new dog control bylaw and policy. As part of that the council administration has recommended that we have a bylaw which allows them to neuter any dog which is caught wandering twice.

We do not agree with that as we see it as a breach of the dog owner’s rights, and the dog’s rights, to neuter a dog without serious consideration of the potential repercussions. That could be financial (for example, if a breeding/farm dog is wandering), or health related (for example, if the dog is unable to be anesthetised safely).

We read on P71 of the Auckland Council Regulatory Committee Agenda, 8 November, 2018, that “legal advice was that council cannot neuter dogs unless the dog has been relinquished.” The link is:

http://infocouncil.aucklandcouncil.govt....

Would you please send us this legal advice, if it is not privileged? If you cannot send on the advice, please send us any information you can which outlines the reasons why Auckland Council chose not to include a clause on neutering in your proposed bylaw/policy?

We will pass on your advice to the animal management team and our Council, to help with their deliberations.

Many thanks for your assistance.

Leonie Exel
For The Bay of Islands Watchdogs

Link to this

Auckland Council


Attachment Informatin Sheet.pdf
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Dear Leonie,

Thank you for your request for information about legal advice regarding
dog neutering.

I have attached an information sheet on our processes and requirements
under the Local Government Official Information and Meetings Act 1987
(LGOIMA).

We will respond to your request within 20 working days of receipt of your
request. Please note that the period commencing 25 December and ending 15
January is not counted as working days in accordance with section 2(1) of
LGOIMA. Please note this is a maximum response time and we will endeavour
to respond sooner.
 
If you have further questions please feel free to contact Grace Heinemann
([1][email address]) on 09 301 0101, quoting
reference 8140003985.
 
Kind regards
The Privacy & LGOIMA team
Auckland Council
 
[2]Auckland Council is delivering projects in your area. Check them out
online now.

CAUTION: This email message and any attachments contain information that
may be confidential and may be LEGALLY PRIVILEGED. If you are not the
intended recipient, any use, disclosure or copying of this message or
attachments is strictly prohibited. If you have received this email
message in error please notify us immediately and erase all copies of the
message and attachments. We do not accept responsibility for any viruses
or similar carried with our email, or any effects our email may have on
the recipient computer system or network. Any views expressed in this
email may be those of the individual sender and may not necessarily
reflect the views of Council.

References

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1. mailto:[email address]
2. http://www.aucklandcouncil.govt.nz/plans...

Link to this

Auckland Council


Attachment Leonie Exel Response.pdf
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Attachment Agenda of Regulatory Committee 8 November 2018.pdf
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Dear Leonie

Thank you for your request for information regarding legal advice regarding dog neutering

If you have any further queries please contact me on 09 301 0101, quoting Official Information Request No 8140003985.

Please note you have the right to request a review of this decision from the Ombudsman.

Kind regards
Grace Heinemann
Privacy & LGOIMA Business Partner
Democracy Services
[Auckland Council is delivering projects in your area. Check them out online now.]<http://www.aucklandcouncil.govt.nz/plans...>

CAUTION: This email message and any attachments contain information that may be confidential and may be LEGALLY PRIVILEGED. If you are not the intended recipient, any use, disclosure or copying of this message or attachments is strictly prohibited. If you have received this email message in error please notify us immediately and erase all copies of the message and attachments. We do not accept responsibility for any viruses or similar carried with our email, or any effects our email may have on the recipient computer system or network. Any views expressed in this email may be those of the individual sender and may not necessarily reflect the views of Council.

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