The life of Tauranga Rottweiler Chopper is once again under threat as Tauranga City Council is appealing the judge's ruling on its previous charge.

Chopper was released from the pound in July after the charge against his owner Helen Fraser was dismissed by Judge David Cameron.

Fraser was charged by the council with owning a dog causing injury, after Chopper bit veterinarian Dr Liza Schneider during an appointment to discuss the dog's de-sexing in October 2021.

The attack left Schneider, the owner of Holistic Vets, with a fractured ulna, four puncture wounds, nerve and muscle damage and required surgery.

If Fraser was convicted of the charge it would mean the dog was legally required to be put down.

The charge carries a maximum sentence of three years imprisonment or a $20,000 fine.

During the judge alone trial in June, the dispute was whether Fraser was liable for the attack.

In his decision, Judge Cameron said Dr Schneider 'was responsible for determining how the situation should be handled”.

'She was in a position to take appropriate steps to maintain and exercise control,” said Judge Cameron.

'She failed though to take any steps to maintain and exercise control, despite having every opportunity to do so.

'Had she done so, the incident would have been avoided.

'I consider that Dr Schneider put herself in a position where she was vulnerable to attack by a dog who had not been assessed for safety purposes.”

Tauranga City Council environmental regulation manager Nigel McGlone says the council filed the appeal because it believed the judge 'made an error of law”.

'He focussed on the conduct of the victim, rather than the legal responsibility of the dog owner to control the dog,” says McGlone.

'Council sought advice from Crown Law who agree that it is in the interest of the public to clarify this issue of law, as the outcome will have implications for all dog owners.”

Ryan Tarawhiti-Brown when he was reunited with Chopper in July. Photo: Supplied.

Fraser's son Ryan Tarawhiti-Brown says the family wasn't surprised by the council's appeal because they knew it was always an option.

He describes the council's appeal as 'wanting to win at all costs” and says there were 'better uses” for ratepayers' money than a high court appeal.

'We told the truth in court and the judge saw that,” says Tarawhiti-Brown.

He says his mum is 'stressed” because of the appeal and the costs that may be involved, as well as the threat to Chopper's life.

'It's been stressful right from the start, but this is a whole new thing,” he said.

'We just want to move on with our lives. We want to know this is all behind us.

'Then we don't have to worry about Chopper being taken away from us and mum doesn't have to have these fines and a jail sentence hanging above her.”

Chopper was in the pound for nine months and unable to leave his kennel. Fraser visited him almost daily during that time, says Tarawhiti-Brown.

Since being home Chopper has been 'perfect” and they have been working with a dog trainer and doing hydrotherapy to help strengthen his back legs.

'It feels like he didn't even leave. He's just fitted in that well.”

Public Interest Journalism funded through NZ On Air.