The long-running saga started in Dairy Flat but operations have since moved to Kumeū.
In a reserved decision released on Wednesday, Judge Sheena Tepania said the offending showed a “blatant disregard for the laws and rules that apply to them”.
Judge Tepania said Beer had made “a deliberate and calculated commercial decision not to comply” with clear court-imposed orders.
Beer and her company, Teddy and Friends, were each fined $51,562.50 after pleading guilty to three charges under the RMA, including two counts of breaching enforcement orders and one of using land in contravention of the Auckland Unitary Plan.
The charges related to the continued operation of the daycare in Dairy Flat between June 2023 and April 2024 despite earlier court orders and convictions.
Tepania said it was highly careless for Beer to take a “hands-off” role and that the offending had caused “tangible adverse impacts on the amenity values and wellbeing of the local community”.
The court noted that while awaiting sentencing for earlier offences, the defendants “almost immediately” breached the enforcement orders, continuing to offend on 36 occasions over a 10-month period.
“Pets & Pats was a commercial operation, more dogs meant more money,” Tepania said.
Repeat offending
The latest ruling follows earlier convictions in May 2024.
The defendants were fined $77,750 for ongoing breaches of their resource consent between September 2021 and August 2022.
Those charges were for unauthorised, large-scale dog daycare and boarding activities that exceeded approved limits for dog numbers, operating hours, fencing standards and exercise areas.
Complaints made by 17 different neighbours prompted multiple enforcement steps by Auckland Council, including abatement notices and a May 2023 enforcement order intended to limit impacts while allowing time for the business to comply or relocate.
Despite this, the daycare continued operating in breach of those orders.
Deliberate flouting of the law, council says
Auckland Council’s team leader for prosecutions Paul Cowling said the decision sends a clear message.
“Ignoring court orders and breaching the RMA is not okay. Auckland Council will pursue individuals and businesses that deliberately flout the rules and disregard their legal obligations.
“These laws exist to protect communities, and when they’re ignored, there are consequences,” Cowling said.
Cowling said the council had exhausted all other compliance options before returning to court.
“The rules around dog boarding and daycare activities in rural zones are clear, resource consent is required, whether a business is large or small.
“Enforcement is always the last resort, but where there’s deliberate defiance, prosecution is inevitable to protect the public from nuisance and harm,” he said.
Timeline
September 2020: Council first received complaints about non-compliance at 165 Bawden Rd, Dairy Flat.
May 2023: The Environment Court issued enforcement orders requiring compliance with resource consent conditions.
May 2024: Beer and Teddy and Friends were convicted and fined $77,750 for RMA breaches between 2021 and 2022.
June 2023-April 2024: Despite these orders, the business continued to operate unlawfully, breaching enforcement orders on 36 occasions.
November 2025: New convictions and fines totalling $103,125 imposed for continued offending.
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