The family of Tauranga Rottweiler Chopper must wait for a decision about their dog's future.

Tauranga City Council appealed the dismissal of charges against Chopper's owner Helen Fraser in August last year, stating they felt the judge had made an 'error of law”.

The hearing was held at Tauranga District Court today and Justice Timothy Brewer reserved his decision.

Fraser was charged by the council with owning a dog causing injury after Chopper bit veterinarian Dr Liza Schneider during an appointment to discuss the dog's de-sexing in October 2021.

The attack left Schneider, the owner of Holistic Vets, with a fractured ulna, four puncture wounds, nerve and muscle damage and required surgery.

If Fraser was convicted of the charge it would mean the dog was legally required to be put down.

The charge carries a maximum sentence of three years imprisonment or a $20,000 fine.

Judge David Cameron dismissed the charge in July 2022 after a judge alone trial held in June that year.

During the trial, the dispute was whether Fraser was liable for the attack.

At Monday's hearing, counsel for Tauranga City Council Jodi Libbey told Justice Brewer: 'The sole issue for trial was whether the respondent had established the defence of total absence of fault.

'The appellant's position was the total absence of fault defence was not available as there were practical steps she [Fraser] could have taken to avoid the attack.”

'The appellant submits the trial judge's error or errors of law are evident in the penultimate paragraphs of the decision.”

The paragraphs of Judge Cameron's decision referred to by Libbey said Dr Schneider 'was responsible for determining how the situation should be handled”.

'She was in a position to take appropriate steps to maintain and exercise control,” said Judge Cameron.

'She failed though to take any steps to maintain and exercise control, despite having every opportunity to do so.”

'Had she done so, the incident would have been avoided.

'I consider that Dr Schneider put herself in a position where she was vulnerable to attack by a dog who had not been assessed for safety purposes,” said the decision.

Helen Fraser and Ryan Tarawhiti-Brown.

Fraser, who represented herself, said during the appointment the dog was 'always under the control” and the vet didn't do what she was 'was expecting of her as a professional”.

She said: 'The serious matter had resulted in pain and injury for both the dog and the veterinarian.

'The dog in question we believe was only reacting in self-defence, and we maintain that the true cause of this incident lies with the negligent actions of the veterinarian.”

Fraser said she 'did in fact take all reasonable steps as the dog owner” to avoid the attack so could use this as her defence.

She concluded that were the case to go against her she would raise an application for exceptional circumstances.

Justice Brewer said it was a case with 'significant implications” for Fraser and for Chopper.

He reserved his decision and said he would deliver it 'as soon as he can”

Speaking after the hearing, Fraser's son Ryan Tarawhiti-Brown said the family would 'stay positive”.

'We have trust in the justice system that they'll get the decision right for the second time,” he said.

Asked how he thought the hearing went, Tarawhiti-Brown replied: 'I think it went really good, as best as we could do.”

'We got everything said that we needed to say, but apart from that we'll just wait for the decision and keep our fingers crossed.”

The courtroom was filled with Fraser's supporters and around 20 gathered before the hearing to show their support.

People brought their dogs along and held signs saying 'Justice for Chopper” and 'Vets don't kill pets”.

Dianne Everett told Local Democracy reporting she was there to support Chopper and his family, despite never meeting them.

'I truly feel like in life you have to stand up for two things, children and animals because they can't speak for themselves,” she said.

Fellow supporter, Selina Cameron said she owns two Rottweilers and she would hate to see them in Chopper's position.

-Public Interest Journalism funded through NZ On Air.