A Judea couple have been offered a lifeline after successfully having the classification of their dog as ‘menacing' overturned after it attacked two posties and a meter reader in the last three years.

Before a Tauranga City Council hearings panel, Nataalia and Damian Lunson appealed the classification of Van, their Labrador retriever cross, as a menacing dog pursuant to Section 33A of the Dog Control Act 1996.

Photo: File.

They concede the attacks only occurred because they neglected to repair their property's fence, allowing the dog to leave the property.

Under menacing classifications the dog is required to be muzzled when at large or in a public place or private way.

Council's animal and enforcement team leader Brent Lincoln, in a submitted report, says the latest incident happened on December 22, 2014 when a postie was cycling on a shared driveway adjacent to the Lunson's Robins Road property.

Van charged through a gap between the hedge and fence on the owner's property, rushing at the postie causing her to scream and retreat from the property. This prevented her from delivering the intended parcel.

The postie wasn't physically injured but was concerned about returning to the street.

At the time of the three offences – in 2012, 2013, and 2014 – Van was registered to Nataalia but ownership was transferred to Damian in January.

Hearings Panel chair Matt Cowley says after weighing up the three instances with the implications of muzzling a dog full time, it was decided to rescind the classification.

He adds the menacing dog classification is the lowest form of intervention and what essentially happened was the dog had three instances of charging, and one instance of nipping one of the posties.

Matt says the Lunson's have made attempts to curb this incident by moving the letterbox outside the property boundary and tried to better contain the dog on the property.

The dog has previously rushed at another postie in August 2013 and attacked a meter reader in 2012.

No one was at home at the time of the attack, with the dog at large on the property, and despite previous warnings was free to leave because of the hole in the fence.

Upon council investigating the latest incident, the Lunson's apologised, admitting they had neglected to fix the fence that Van charged through.

Brent says the menacing classification was imposed due it being the third reported 'act of aggression” in a little more than two years.

'On each occasion the aggression has been on members of a service industry undertaking their lawful duty,” says Brent. 'On each occasion the dog was able to leave the property to commit the offence.”

The previous incidents saw a meter reader attacked in December 2012 while standing by the closed gate to the Lunson's property. The dog leapt up nipping the man on the chest, breaking his skin and ripping his shirt.

At the time council issued a written warning.

The second incident saw a separate postie rushed in August 2013 by the dog along with a second dog owned by the Lunson's.

The pair rushed at the postie aggressively, barking and growling, chasing him 10 metres. The dogs were able to leave through an open gate.

A final written warning was given on the understanding the Lunson's would rehome at least one of the dogs, which they did.