Onewordanswer
29th Jun 2005, 02:55
Neighbours force man to get rid of 125 dogs
29.06.05 12.00pm
A Hawke's Bay dog breeder has been given three months to find new homes for 125 of his dogs, whose barking drove Central Hawke's Bay District Council to take him to the Environment Court.
David Balfour will only be allowed 10 of the 135 dogs he currently keeps on his property in Waipawa, 8km northeast of Waipukurau.
In his decision released today, Judge Laurie Newhook described Mr Balfour as self-centred and controlling, and said his evidence was "peppered with a haughtiness, even arrogance".
"We simply did not believe Mr Balfour."
Neighbour Garry Beckett told court two weeks ago that the barking had been "unbearable" and he was "at the end of my tether".
While he was happy with the decision, he said he felt sorry for his neighbour.
"I know that they are faced with a horrible dilemma now."
Ross Gilbert, another neighbour who gave evidence, was looking forward to sitting outside "without bloody yapping in the background all the time".
Council had asked that Mr Balfour be allowed only 40 dogs, in keeping with the conditions of a resource consent granted in 1983.
But Judge Newhook had gone one better, basing his decision on the average number of farm dogs kept in the area.
Mr Balfour has one month to cut numbers to 100, and another month to get to 50.
After three months, he will be allowed only 10 dogs, and council staff and police will be able to inspect his property at any stage, to check he is complying.
Neighbours had also complained about the smell of the dogs, and the wailing of cats kept by Mr Balfour.
Mr Newhook said the evidence of odour was not clear enough to make an enforcement order, and the council had made no application regarding cats.
He thought the cats might be quieter once the 125 dogs were gone.
Mr Balfour said today he was waiting to receive the full judgment before commenting.
During the hearing, he suggested in his evidence that neighbours were "hypersensitive" to the barking, which he described as "part of the ambient noise of the area".
- HAWKE'S BAY TODAY
29.06.05 12.00pm
A Hawke's Bay dog breeder has been given three months to find new homes for 125 of his dogs, whose barking drove Central Hawke's Bay District Council to take him to the Environment Court.
David Balfour will only be allowed 10 of the 135 dogs he currently keeps on his property in Waipawa, 8km northeast of Waipukurau.
In his decision released today, Judge Laurie Newhook described Mr Balfour as self-centred and controlling, and said his evidence was "peppered with a haughtiness, even arrogance".
"We simply did not believe Mr Balfour."
Neighbour Garry Beckett told court two weeks ago that the barking had been "unbearable" and he was "at the end of my tether".
While he was happy with the decision, he said he felt sorry for his neighbour.
"I know that they are faced with a horrible dilemma now."
Ross Gilbert, another neighbour who gave evidence, was looking forward to sitting outside "without bloody yapping in the background all the time".
Council had asked that Mr Balfour be allowed only 40 dogs, in keeping with the conditions of a resource consent granted in 1983.
But Judge Newhook had gone one better, basing his decision on the average number of farm dogs kept in the area.
Mr Balfour has one month to cut numbers to 100, and another month to get to 50.
After three months, he will be allowed only 10 dogs, and council staff and police will be able to inspect his property at any stage, to check he is complying.
Neighbours had also complained about the smell of the dogs, and the wailing of cats kept by Mr Balfour.
Mr Newhook said the evidence of odour was not clear enough to make an enforcement order, and the council had made no application regarding cats.
He thought the cats might be quieter once the 125 dogs were gone.
Mr Balfour said today he was waiting to receive the full judgment before commenting.
During the hearing, he suggested in his evidence that neighbours were "hypersensitive" to the barking, which he described as "part of the ambient noise of the area".
- HAWKE'S BAY TODAY