The rottweiler, which had been classified as menacing two years earlier, was destroyed with the owner’s agreement after he was prosecuted by the Queenstown Lakes District Council.
Hanleys Farm man Jared Graham, who admitted a Dog Control Act charge of owning a dog that attacked a domestic animal, was sentenced by Judge Mark Williams in the Queenstown District Court this week.
The dogs ran across the road and rushed at the small dog as he was being walked by his owner’s mother.
The woman suffered a heart attack as she struggled to save the dog, and was taken by ambulance to Dunedin Hospital.
In a statement read in court, she said the rottweiler latched on to the small dog and was "shaking him in her mouth violently".
A neighbour came to help her, and Graham’s flatmate was able to take control of the dogs.
The small dog suffered a dislocated hip and puncture wounds to his abdomen that required an overnight stay at a vet clinic.
Council lawyer Alice Milne said Storm was classified as a menacing dog by the Waimakariri District Council in 2021, which required him to be muzzled and on a leash at all times while in public.
Graham had left his dog under the control of his flatmate, "who allowed him to effectively go out in public, run across the road and attack this dog".
The council relied on the courts to send a message to dog owners about the need to prevent attacks on other animals, Ms Milne said.
The charge carries a maximum penalty of a $3000 fine.
Counsel Annaliese Carlaw said she objected to the assertion the defendant allowed his dog to leave the property unmuzzled.
The escape was accidental, and the defendant had usually ensured Storm was muzzled when out in public.
She asked for the fine to reflect the fact Graham had apologised to the small dog's owner, was paying off the near-$8000 vet bill, and had agreed to Storm’s destruction.
Media reporting meant the deterrent effect the council was seeking would be achieved, Ms Carlaw said.
Judge Williams said it was to Graham’s credit he was paying the vet bill and had agreed to having his dog put down. It was also his first time before the courts.
However, Storm had been classified as menacing at the time of the attack, and the small dog had been seriously injured.
The fine had to reflect the community’s view companion animals should be safe from out-of-control dogs. He convicted Graham and fined him $700.
