The court heard the chickens were roaming on an unfenced property. Under section 57 of the Dog Control Act, if a dog has attacked an animal the court “must” order the dog be destroyed. Judge Jocelyn Frances Munro said the only basis on which the charge can be defended would be to persuade the court there are “exceptional circumstances”. DENISE PIPER/STUFF Robert Webb from Whangārei Native Bird Recovery Centre cares for a female kiwi that was attacked by a dog in January. The facts of the case were not disputed, Munro said. Auckland Council is calling five witnesses. Aspen is currently in the custody of Auckland Council.