A Te Puke orchardist is fed up with having his animals attacked by his neighbour's dogs and is now threatening to take matters into his own hands.

Tony Erni owns a 5.7hectare kiwifruit orchard in Te Tumu Road where he houses chickens, ducks, a dog called Ruby and three pigs.

The dogs on a neighbouring property.

For the last year he has been battling to keep his neighbour's four dogs out of his property after he says they fatally attacked his pigs.

He is now beyond angry and has reached the point of no return.

'I have chased them off my property so many times. They mauled my first lot of pigs last year. They ripped their ears and face and they had to be put down.

'I got a second lot of pigs on Friday and on Saturday the dogs were in the pen again attacking them.”

'I have spoken to the owner about them and he says to just turn the hose on them or he is going to sort it out. But nothing has been done.”

Tony has erected fencing and gates in an attempt to keep the dogs out, but says they manage to find a way in.

He believes he is within his rights to protect his stock from the dogs.

'I have been advised by police that the next time they are on my property I can shoot them.”

Te Puke Community Constable Taiwhai Schuster is aware of Tony's situation and says he is within his rights to shoot the dogs if they attack the stock, but says there are two sides to the story.

She says police were informed by Tony's neighbour that shots were fired when the dogs escaped onto the property while the woman took them for a walk.

'A lady was walking her dogs when they got loose and got into his property and she has called them back. They didn't actually attack his pigs.

'The lady got her dogs back and under control and he has actually fired a couple of shots and it scared the lady.”

Taiwhai says police are reviewing the situation and will not be charging anyone.

'Yes he is within his rights if the dogs are attacking his pigs, however we are a little concerned that he has fired a couple of rounds after the lady has left with the dogs.

'She had them under control and no animals were hurt. Her and her husband have been warned to keep their dogs under control when walking on their property.”
Police are attempting to deal with the situation amicably and Taiwhai says the firearms officer has been informed as Erni is a firearms licence holder.

'Both parties are just going to be warned.”

Western Bay of Plenty District Council animal services team leader Andrew Hope says under section 60 of the Dog Control Act 1996 people are allowed to shoot or seize an animal.

'The owner of stock, or any poultry or that owner's agent or employee or any constable, dog control officer or dog ranger acting at the request of that owner may forthwith either seize or destroy any dog running at large among that stock.

'Then it goes onto say in section 2: ‘where it has been seized under section 1 by any person other than the dog control officer, that person shall ensure the dog is returned to its owner or delivered to a dog control officer or range.”

Andrew says basically people have the option to either shoot the dog or seize it if it is found amongst stock.

'If it starts rolling up your garden path, that doesn't count as amongst stock, it has to be amongst stock.

'Keep your dogs under control and don't let them roam amongst stock. Dogs will attack stock even if they don't have a history of it. It becomes a game for them.”