Berry Simons obtains resource consent for Pet Refuge
Wed Nov. 10th 2021
Berry Simons acted on a pro bono basis to obtain a resource consent to authorise Pet Refuge staff to walk dogs on public streets.
Berry Simons acted on a pro bono basis to assist the Pet Refuge Charitable Trust to obtain a resource consent authorising its staff to walk dogs on public streets in the semi-rural area where the refuge is located.
As strange as it may sound, the need for resource consent arose after neighbours complained about noise from dogs being walked off-site. The relevant council threatened enforcement action, taking the view that the original application documents would have led council processing planners (who granted the Pet Refuge consent on a non-notified basis) to believe that all dog exercise would occur on the premises.
While it could potentially have been argued that exercising pets is an incident of land use, it was agreed with council enforcement officers that seeking resource consent was the most straightforward and pragmatic way to resolve the issue. Because walking dogs off-site was beyond the scope of the original application, a new, stand-alone consent (rather than an amendment to existing conditions) was required.
The consent was granted on a non-notified basis, subject to conditions in relation to matters such as frequency and direction of walks.
The Pet Refuge provides temporary shelter and care for pets affected by domestic violence, keeping them safe while their owners escape abusive situations. The ultimate goal is to reunite pets with their owners so they can begin new lives together in violence-free homes.
Rebekah said:
“As a law graduate new to Berry Simons, I was thrilled to have the opportunity to act on a pro bono basis to assist such a good cause. The Pet Refuge people are very committed to the amazing work they do, and I enjoyed working with them.”
If you would like to support Pet Refuge, visit www.petrefuge.org.nz to donate and help provide a safe bed for a pet whose human needs support.
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