30 January 2018

Pedigree: Smith v. NZ Kennel Club

Kennel Club rules came under close scrutiny in arguments over registration of three pedigree Japanese Spitz.  Right to register and choice of name have an economic value.  Kennel Club rules are designed to promote exclusivity and scarcity.
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