Dog owners take Auckland Council to court over Monte Cecilia Park off-leash ban

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Source: Radio New Zealand

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Frustrated dog owners are taking on Auckland Council in court on Tuesday.

Last year, the Puketāpapa Local Board voted four to two to ban dogs from running free in part of Hillsborough’s Monte Cecilia Park.

An interim order halting the decision is in place until the outcome of a judicial review, which starts on Tuesday morning at the High Court in Auckland.

At a gathering at the park over the weekend, Jonathan Sweeney from the Dog Lovers of Monte Cecilia Incorporated Society, told RNZ the 500-member-strong group had raised almost $13,000 in its spare time. Their lawyer, George Barton, had agreed to take on the case pro bono.

“It’s a bit ironic that we’ve had to raise our own funds to pay our legal fees and costs, and yet our ratepayer money is actually funding a KC and the legal team at the council.

“I’m the manager of a sports strapping tape company. Myself and all of our volunteers we’ve got other lives.

“This is a great example of David vs Goliath. We’re just regular people, ratepayers, taking on the might of Auckland Council.”

Sweeney said an overwhelming majority of the community wanted to keep the park as it was.

Out of 900 responses from the public during the local board’s consultation, 88 percent (795 people) were against removing the off-leash bowl area, and just 10 percent (89 people) supported it. A petition opposing the decision with more than 1000 signatures was also handed to the board.

Sweeney said the group would be arguing in court that the local board had “pre-determined” its decision before consulting the public.

It was also contesting the board’s view that the off-leash area was a significant safety risk.

“We have a fair amount of proof in terms of emails and correspondence that, in our opinion, demonstrate a high amount of pre-determination going back more than one year.”

Animal management data showed that between 2019 and 2024 there were 63 dog-related incidents at the park, including attacks, aggressive behaviour and reports of roaming dogs.

In that time, three people were attacked by an off-leash dog, all in on-leash areas. There were 12 dog attacks on animals, and all but one happened in the off-leash area.

Zara Moselen, who brought her dog Nala to Monte Cecilia most days, felt the board was ignoring the community’s voice.

“Hundred and hundreds of people voiced their opinion, and the board still went with the 10 percent.

“I really hope the judicial review is a fair process and our argument can be heard.

“The sense of community at this park you can’t find in many other places. It’s such a special, unique spot for dogs to run around and play. It’s such a small part of this huge park that’s off-lead.”

Louise Fletcher and her dog Ernie also used the park regularly.

“The local council is supposed to listen to public consultation, and they went very much against it. They should listen to what the people who pay the rates actually want.

“It makes me feel minimised as a dog owner.

“In Auckland, we’re really underserved with off-leash areas. We’re getting pushed into smaller spaces. This is one of the few premium places where the area set aside for dogs is actually really good.”

Auckland Council and Puketāpapa Local Board chair Roseanne Hay told RNZ they would not comment on the judicial proceedings while the case was before the court.

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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand

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