The owner of a dog involved in an attack at The Groynes has been fined $300 after Christchurch City Council found the animal was not under effective control.

The council has also issued the owner with a formal warning over the attack itself, but said the circumstances did not meet the legal threshold for the dog to be classified as menacing or dangerous.

The decision follows an attack in July on Jack, a 12 year old Bichon Frise Border Collie cross, while he was playing off leash at The Groynes dog park.

Jack’s owner Hine told Chris Lynch Media at the time that a much larger dog came at him without warning. “All of a sudden the dog just charged at my dog. He swung him around and its canines went right deep into my dog’s skin,” she said.

“I had to get on my hands and knees and push my hardest to get the dog off.” Christina Thompson witnessed the attack. “He was off the ground and the poor young owner was screaming. I just ran over,” Thompson said. “It was probably one of the most frightening things I’ve ever seen.”

Jack suffered a deep puncture wound to his neck and required surgery, with the veterinary bill exceeding $900.

Hine said the other owner later spoke to her mother and agreed to pay Jack’s veterinary costs, but the family was subsequently unable to reach him using the number provided.

The incident was reported to Christchurch City Council Animal Management, which launched an investigation.

Acting head of regulatory compliance Eavan McNamee confirmed to Chris Lynch Media on Tuesday afternoon that the investigation resulted in a $300 infringement and a warning letter.

The warning concerned an offence under Section 57 of the Dog Control Act involving a dog attacking a domestic animal, McNamee said. That particular offence cannot be dealt with by issuing an infringement notice. The $300 fine was instead issued because the owner failed to comply with the council bylaw requiring dogs to remain under effective control in public places.

The council obtained witness statements that supported a breach of the bylaw, McNamee said. Chris Lynch Media asked why stronger action had not been taken against the dog following the attack. The council had the option of considering whether the dog should be classified as menacing by deed or dangerous, McNamee said.

“In this case, the circumstances did not meet the necessary requirements for either classification. A destruction order can only be made by the Court following a successful prosecution and conviction,” McNamee said.

Hine said she was relieved the council had acted.  “However, I’m still disappointed that the dog has not been classified as menacing or dangerous.

“Watching my 12 year old dog being attacked and shaken was absolutely terrifying, and it’s something I will never forget. Jack suffered a serious wound, needed surgery, and our family was left dealing with the emotional and financial impact afterwards.

“I’m incredibly thankful to Christina and everyone who stepped in to help Jack that day. Without their help, the outcome could have been very different.

“I just hope this serves as a reminder to all dog owners: if you take your dog into a public space, especially an off leash dog park, you are responsible for keeping it under effective control. No other owner should have to experience what Jack and I went through.”