Louise
Smith challenged registration of three Japanese Spitz she had purchased: one
dog and two bitches. They had not been
recorded on the ‘Full Register’ and had been registered, out of spite she said,
with derogatory names: Mondial Catch Me If You Can; Mondial Do A Runna, and;
Mondial Where the Hell R Ya.
This legal dispute
had its origins in a 2011 Disputes Tribunal hearing, wound its way through a
police-supervised animal handover and finished up in the High Court. Central to the dispute was a Japanese Spitz bitch
called Mondial Cookies and Cream, better known as Fudge. Jane Faulkner had purchased Fudge subject to
a breeding leaseback agreement in favour of former owner Susan Howard. Fudge was to be serviced by one of Ms
Howard’s stud dogs with Ms Howard entitled to retain one of the litter. Fudge and her stud proved compatible. Four pups were born. Ms Howard and Ms Faulkner proved to be less
compatible. Ms Howard registered on the
‘full register’ the pup she retained; the remaining three (which were sold by
Ms Faulkner to Ms Smith) were registered by Ms Howard on the ‘restricted
register’. This reduced their commercial
value. They cannot compete in open shows
or pass on their pedigree.
The High
Court was asked to rule on who has the right to register and to choose a
registration name. Interpretation of
Kennel Club rules and regulations proved problematic. The Club was founded in 1886. The rules have gone through many iterations.
Justice
Ellis ruled Ms Howard was the ‘breeder’.
As such, she was entitled to register and choose the names. Justice Ellis indicated the derogatory names
chosen by Ms Howard for the three pups returned to Ms Faulkner reflected a
previous difficult relationship between the two. Ms Howard had refused to return Fudge after breeding
until Ms Faulkner handed over signed paperwork necessary to have Ms Howard
identified as ‘breeder’ of Fudge’s four pups bred from her stud dog.
Smith v. NZ Kennel Club Inc – High Court (30.01.18)
18.029