Puppy mill - 161 cats, 76 dogs
Waipawa, HB (NZ)Incident Date: Monday, May 1, 2006
Disposition: Convicted
Defendants/Suspects:
» David Balfour
» Daryl Kirsty Balfour
Case Updates: 10 update(s) available
Grant FraserA former Hawke's Bay dog breeder, ordered to get rid of nearly all his 135 dogs, is angry a judge referred to him as self-centred and controlling.
Last year, the Environment Court ordered David Balfour to scale back his dog breeding operation at Waipawa to just 10 dogs. That followed complaints about noise and a Central Hawke's Bay District Council application to the court. Mr Balfour has since moved his kennels out of Hawke's Bay.
In the High Court at Wellington May 15, 2006, Mr Balfour, and Neil Moir and Kirsty Reid, argued that Judge Laurie Newhook in the Environment Court had made comments that were unfair and "hardly impartial". Although Mr Balfour had now moved and there was little material benefit in appealing against the ruling, his reputation had suffered immensely as a result of the adverse comments about him in the judgment - Judge Newhook called him self-centred and controlling. The judge found Mr Balfour's evidence "peppered with a haughtiness, even arrogance". Mr Balfour said that judgment was "way beyond" what was required. He didn't argue that the dogs made noise.
"We knew dogs barked; it goes with the territory." He said the judge was wrong to order him to bring the numbers of dogs he had back to 10 - a number the judge had based on an average number of farm dogs. Mr Balfour said an expert sound witness in the Environment Court had not been able to tell whether it was 10, 20, 50, or over 100 dogs that were barking at any one time. Instead of imposing a maximum number of dogs, it should only have been a "peak" volume level. He said he had first received resource consent in 1983 for 40 dogs and in 1992 the council had removed the numerical limit altogether. A district plan change in 2003 had made kennels a permitted activity and Mr Balfour believed he had existing use rights. He said the Environment Court had made an unfair decision. "Our resource consent was in effect cancelled on top of our existing use rights ignored." He also said the most immediate neighbour who had complained about the noise had built the house hard up against the boundary 12 years after the kennels had opened.
The district council chose not to appear on the appeal questions and instead court-appointed lawyer Matthew Sherwood King said the Environment Court ruling was correct. He said the court had visited both the kennels and the neighbours and found the noise overwhelming. "The Environment Court could not establish what the existing use rights were and as it was entitled to do based its findings on the unreasonableness of the noise emanating." He said the court had not found Mr Balfour's neighbours were hyper-sensitive. "Quite the contrary." It was not reasonable to measure the unreasonableness of the noise on solely a peak level. "We have an enterprise that has exploded [in scale] over the years. Dogs barking all hours of day and night, owners shouting at them."
Council lawyer Bruce Gilmour, appearing only on the question of costs, said Mr Balfour and his co-appellants had refused to take responsibility for lowering the noise. Justice Forrie Miller reserved his decision.
Case UpdatesA well-known former New Zealand Kennel Club dog-show judge and his wife were each convicted on three animal-cruelty charges at Palmerston North District Court yesterday.
They were found to have mistreated more than 200 animals.
The SPCA found 87 dogs and 161 cats, owned by David Neil Balfour and his wife, Daryl Kirsty Reid Balfour, were kept in cramped conditions with insufficient shelter, water, lighting and ventilation on a property near Dannevirke in 2007.
Half of the animals were put down as a result of the ill-treatment, and about 50 cats were treated by Wairarapa veterinary surgeon John McLaren.
Some of the cats took up to three years to recover fully from the abuse.
The couple kept the animals as part of a breeding operation at a former pig farm.
The mistreatment allegedly took place between August 2006 and March 2007, but the long-running case was held up by protracted legal wrangling.
SPCA senior operations inspector Jim Boyd said the couple were convicted of three of the four charges they faced.
Each was charged with two counts of failing to ensure that the physical health and behavioural needs of the animals were met and two counts of ill-treatment of animals. One count related to cats and one to dogs. They were found not guilty of ill-treating the dogs.
Mr Boyd said the process has taken at least 10 weeks of court time, and judge Grant Fraser also found accusations the SPCA had planted some of the animals to be untrue.
Mr Boyd was involved in the investigation, and said the animals were forced to live in a "very horrible" environment.
"We're very pleased this is over. It's been a very, very difficult case. The situation was very bad."
The couple have been remanded until February 15. | Source: hawkesbaytoday.co.nz - Dec 23, 2011
Update posted on Dec 23, 2011 - 7:43AM |
A Palmerston North judge has refused to strike out charges against a married couple accused of animal cruelty.
David Balfour, 62, and Daryl Balfour, 51, each face two charges of ill-treating animals and two of failing to prevent suffering during the period August 2006 to March 2007.
The pair are on trial before a judge alone at Palmerston North District Court, but proceedings had been on hold since Friday when the Balfours' defence lawyers applied to have charges against them withdrawn.
David Balfour's lawyer, Eric Forster, applied to have one charge of ill-treatment and one of failing to prevent suffering thrown out.
Daryl Balfour's lawyer Jock Turnbull, applied to have all charges against her dropped.
Although discussion of the applications were held in chambers yesterday, the Manawatu Standard can report that Judge Grant Fraser declined the applications to withdraw the charges.
He also denied an application by Mr Forster to adjourn the trial, after Crown prosecutor Paul Murray amended the date of when the alleged offences took place.
On March 5, 2007, SPCA inspectors raided the former pig farm on Heretaunga Rd, between Woodville and Dannevirke. The inspectors found 161 cats and 87 dogs living in allegedly poor conditions.
The trial was expected to resume Tuesday. | Source: stuff.co.nz - Oct10, 2011
Update posted on Oct 10, 2011 - 10:49PM |
The husband-and-wife animal breeders accused of animal cruelty have applied to have some charges struck out.
David, 62, and Daryl Balfour, 51, each face two charges of ill-treating animals and two of failing to prevent suffering during the period August 2006 to March 2007.
Yesterday was day 13 of their judge-alone trial in the Palmerston North District Court but proceedings never got under way after applications from the defence team.
They were made in chambers, so details cannot be published, but the Manawatu Standard can report that David Balfour's lawyer, Eric Forster, applied to strike out one charge of ill-treatment and one of failing to prevent suffering.
Both relate to dogs on the property.
Daryl Balfour's lawyer, Jock Turnbull, applied to have all charges against her dropped.
Judge Fraser adjourned proceedings until today to ponder the issue and allow Crown prosecutors time to reply.
The applications came after nine Crown witnesses had finished giving evidence on Wednesday.
Yesterday, 30 minutes was spent correcting the trial manuscript, before the applications were made.
August 2006 was identified as the beginning of the period mentioned in the indictment, as MAF and SPCA inspectors had visited the property then.
On March 5, 2007, SPCA inspectors raided the former pig farm on Heretaunga Rd, between Woodville and Dannevirke, and found 161 cats and 87 dogs living in allegedly poor conditions. | Source: stuff.co.nz - Jul 10, 2011
Update posted on Oct 6, 2011 - 6:33PM |
The trial of a well-known dog show judge and his wife on animal cruelty charges has been adjourned at the Palmerston North District Court until August.
In 2007, the SPCA found 161 cats and 87 dogs it alleged were mistreated at a Heretaunga Rd property between Woodville and Dannevirke, owned by David Neil Balfour, and his wife Daryl Kirsty Reid Balfour.
David and Daryl Balfour each pleaded not guilty to four charges - two of ill-treating animals and two of failing to prevent suffering.
The trial was due to finish yesterday, but Judge Grant Fraser adjourned it until August 29 as two crown witnesses were yet to give evidence and the defence had not started its case, the Manawatu Standard reported.
The time needed to hear the case had been "hopelessly underestimated", Judge Fraser said.
The Balfours had run a breeding operation on the property that was formerly a pig farm.
Crown lawyer Paul Murray said the animals had insufficient space, insufficient water, food left uncovered, inadequate shelter, lighting and ventilation, with faeces and rubbish accumulated to unacceptable levels.
David Balfour's lawyer Eric Forster said the allegations could not be proven. Some animals were receiving treatment and reasonable steps were taken to prevent sickness outbreaks, he said.
All the cats and 30 dogs were seized by the SPCA, with 81 of the cats having to be destroyed. | Source: nzherald.co.nz - Jun 4, 2011
Update posted on Jun 3, 2011 - 10:05PM |
A Woodville couple will today stand trial for what is alleged to be the country's biggest and worst case of animal cruelty.
Former dog breeders David and Daryl Balfour are facing four representative animal cruelty charges relating to the mistreatment of 81 dogs and 161 cats between August 2006 and March 2007.
Each charge carries a fine of up to $25,000 or a prison term of six months.
The trial was pushed back after a High Court judge last year ruled that TV footage filmed with the help of the SPCA at the couple's property, was illegal.
The trial, in Palmerston North, is expected to last around ten days. | Source: tvnz.co.nz - May 23, 2011
Update posted on May 22, 2011 - 4:27PM |
David Balfour, 58, and his wife, Daryl Kirsty Reid Balfour, 47, are each charged with counts of ill-treating and failing to ensure the health of 161 cats and 87 dogs.
It is the biggest case regarding companion animals ever brought by the SPCA.
A depositions hearing was held before Justices of the Peace Robert Justice and George Hall in Palmerston North District Court today.
The couple reiterated not guilty pleas.
A date for trial has yet to be set, but a heavy workload at Palmerston North means it is unlikely a hearing before a jury trial could be held before June.
The Balfours' lawyer, Fergus Steedman, today successfully sought interim suppression of evidence, with the order also covering his argument.
The offences were alleged to have taken place between August of last year and March at a former Woodville piggery where the Balfours ran an animal breeding business.
Many of the animals were subsequently destroyed due to diverse health issues. Others were rehomed.
Each charge carries a fine of $25,000 and a potential prison term of up to six months. | Source: Stuff.Co.Nz - Oct 26, 2007
Update posted on Oct 28, 2007 - 12:54AM |
Dog show judge David Balfour and his wife have been remanded for trial in Palmerston North District Court on animal cruelty charges.
Balfour and Daryl Kirsty Reid Balfour had a status hearing in the same court on September 21 and were remanded to October 11.
Previously in Dannevirke District Court they had each denied four representative charges, relating to the alleged mistreatment of up to 81 dogs and 161 cats between August 23 last year and March 5, 2007.
The offences were alleged to have taken place at a former Woodville piggery where Balfour had run an animal breeding business. | Source: New Zealand Herald - Sep 21, 2007
Update posted on Sep 25, 2007 - 4:07PM |
Well-known dog show judge David Balfour and his wife pleaded not guilty to animal cruelty charges on July 19.
Balfour, 58, and Daryl Kirsty Reid Balfour, 47, appeared in Dannevirke District Court, and were remanded to appear at a status hearing in Palmerston North District Court on September 21.
They face charges relating to the alleged mistreatment of up to 81 dogs and 161 cats between August 23, 2006 and March 5, 2007.
The offences were alleged to have taken place at a former Woodville piggery where Balfour had run an animal breeding business.
Each faces four representative charges of ill-treating and failing to ensure the good health of the animals, about half of which were subsequently destroyed due to diverse health issues.
Each charge carries a possible fine of up to $25,000 and a prison term of up to six months.
It was thought to be the biggest animal case regarding pets ever brought by the SPCA. | Source: New Zealand Herald - Jul 19, 2007
Update posted on Jul 23, 2007 - 11:37PM |
Well-known dog show judge David Balfour is due to appear in Palmerston North District Court on May 10 to face charges arising from his alleged neglect of more than 200 animals at his Woodville home earlier this year.
The SPCA spent days at his property in early March where they were removed 161 cats and 76 dogs .
SPCA national operations team leader Jim Boyd said today that Balfour would face representative charges of neglect and ill treatment. | Source: Yahoo News - April 13, 2007
Update posted on Apr 15, 2007 - 11:04PM |
The SPCA is defending its plans to de-sex more than a hundred severely neglected cats found on a Woodville property in the Tararua District this week.
David Belfour is being prosecuted after 165 pedigree cats and 85 dogs were found diseased and malnourished at his home. The dogs have been put down and the cats have been disbursed to SPCA centres throughout the North Island for de-sexing. Breeders are complaining that it is criminal to sterilise the purebred animals as they may have valuable bloodlines, however the SPCA says all the cats have been traumatised and exposing them to a breeding programme could upset them further.
The organisation says the Woodville case is the worst instance of animal neglect the country has ever seen. Spokesman Jim Boyd says the cats now deserve to live a peaceful life, sleeping on the end of someone's bed and sitting on laps. He says far too many cats are neglected and de-sexing them to break the cycle is the only option. | Source: Yahoo News - March 10, 2007
Update posted on Mar 11, 2007 - 5:22PM |
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