Neighbourhood nuisance

The neighbours leave their dog barking in the yard all day and it drives you crazy. The trouble is, even discussing it with them is likely to lead to unpleasantness. What can you do?

You are not alone. Relentless barking causes more complaints than any other dog issue.

Dog owners have a legal obligation to "take all reasonable steps" to ensure their dog's barking doesn't cause a nuisance to others.

Are you sure you can't raise it with them? They may not even know the dog barks all day. But if you can't talk to them - or you try and get nowhere - call the dog control unit of your local council.

An officer will visit to assess the problem but it's also a good idea to keep your own record of when, and for how long, the barking goes on. The officer will tell your neighbours a complaint has been made and advise them on ways of reducing barking. In most cases, the owners will be given a few days' grace to make changes.

If the problem continues, a legal notice can be issued. This will give your neighbours seven days to take some action to quieten the dog, remove it, or object to the notice. If they don't and there are further complaints, your neighbours can be fined. If problems persist, the dog can be removed.

Before things get to that point, though, the dog control officer may try to arrange mediation between you and the neighbours.

Early on in the process, you can ask the officer not to reveal your name or address to the owner, although the council will keep these details on record. If the matter goes to court, your identity will be disclosed because you'll have to give evidence.

The neighbours' dog frequently gets into your garden, where it terrorises your cat and defecates on the lawn. Can you demand that they fence their property - or at least come and clean up the mess?

You can't make your neighbours fence their property, although under the Fencing Act you can build a fence yourself between your own and a neighbour's property (after consulting with them), and require them to contribute to the cost.

You can also insist the dog is kept "under control". Tell them (politely) you don't want the dog on your property or they could argue that you had given "implied consent" to its being there.

If they make no effort to restrain the dog, call the dog control officer who will explain to them they can be fined if the dog continues to wander. They could also be fined if the dog actually attacks - rather then just frightens - your cat.

A dog owner is liable for all damage done by a dog.

It's unlikely you can make your neighbours clean up after the dog. Even if there's a by-law stating that owners must clean up dog dirt, it will generally apply to public places, and you'd have to catch the dog in the act and be prepared to make a statement to that effect before they'd be liable for a fine.

The neighbour's dog has started rushing at cars in the street. What can you do?

Allowing a dog to rush at cars (or bikes, people or animals) is "a very dangerous sport", says Christchurch dog control officer, Mark Vincent. "It can easily result in either a person or the dog getting hurt or killed."

Owners can be fined up to $3000 if a dog "rushes at or startles" a person or animal in a public place, or "rushes at a car in a manner likely to cause injury or death". A judge can order that the dog be destroyed.

Mark Vincent says his initial approach is to try to educate owners. "I point out to the owners the likelihood of someone - or the dog - getting hurt. If the kids let it out, I talk to the kids, and try to arrange a dog education programme at their school."