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ABC News
20-05-2025
- ABC News
Court to decide if Tasmanian supermarket discriminated by not allowing alpaca in store
A Tasmanian magistrate will be tasked with deciding whether a seaside town supermarket breached discrimination laws by not allowing an alpaca into the store. Abbygail-Nigella Borst and Desmond Gaull lodged a complaint with Tasmania's Office of the Anti-Discrimination Commissioner (ADC) alleging discrimination after the pair entered the Orford IGA Everyday supermarket with Violet the alpaca in December 2023. They were asked to leave the store because Violet was considered to be livestock and not permitted inside. Violet has received attention online after being spotted at public places all around Tasmania including the Hobart Airport, major supermarkets, an RSL and even boat cruises on the River Derwent and Gordon River. Ms Borst and Mr Gaull post videos on YouTube of Violet wearing an assistance animal coat and entering venues, usually met with intrigue from members of the public. The pair's complaint to the ADC was referred to the Tasmanian Civil and Administration Tribunal (TASCAT), which has published its decision. In his decision, TASCAT senior member Robert Winter said Ms Borst and Mr Gaull's complaint was based on "direct, indirect discrimination and offensive, humiliating, intimidating, insulting or ridiculing conduct by the supermarket, and discrimination on the basis of association with a person who has a disability". The complaint lodged is based on federal law, the Disability Discrimination Act 1992, and the supermarket's defence used the state's Food Act and federal food standard legislation. Mr Winter decided to transfer the complaint to the Magistrates Court, stating that the matter proceeding through the tribunal was not the best course of action. Ms Borst has previously told the ABC that Violet "goes everywhere" with her and is the fourth alpaca she has trained to be a service animal. She said Violet was house trained and she "can't live without her". "She helps me in public with people and she lets my carer know about when I am going to have an attack," Ms Borst said. Violet has been filmed going through Hobart Airport security and also at baggage collection. On his YouTube channel, Mr Gaull said the pair live on a 50-acre farm with alpacas, which help Ms Borst "more so than any other service animal" with post-traumatic stress disorder. "So we take alpacas out and train them to be a therapy animal," the description states. Tasmania is the only Australian state or territory that does not classify what "assistance animals" are, with state law only recognising seeing or hearing dogs. Assistance animals offer highly trained disability support services to people who rely on them to participate in personal and public life with greater independence and confidence. In Australia, they are considered working animals — along with seeing and hearing dogs — and are covered under the 1992 Disability Discrimination Act, meaning they have full access to public facilities. That's not to be confused with emotional support animals, or companion animals, which are not recognised as service animals under disability laws and are considered pets.
The Advertiser
19-05-2025
- The Advertiser
An alpaca walked into a supermarket and now the matter is in court
An anti-discrimination complaint arising from an alpaca being used as an assistance animal in an IGA supermarket has been referred to the Magistrates Court for determination. The complaint by Abbygail-Nigella Borst and Desmond Gaull against IGA Everyday Orford was initially made to the state's Anti-Discrimination Commissioner, who then referred it to the Tasmanian Civil and Administrative Tribunal. The pair filed a complaint after they entered the store in December 2023 with an alpaca named Violet, described as an assistance animal, and were asked to leave as livestock was not permitted in the store. They alleged the direct and indirect discrimination, as well as humiliating, intimidating, insulting or ridiculing conduct by the respondent. The discrimination was on the basis that Ms Borst had a disability and that the Disability Discrimination Act had been breached. She provided a medical certificate to the Anti-Discrimination Commissioner in which her physician stated that Violent was used as part of her therapy. The store argued that the animal should not be allowed within the store in accordance with its obligations under the state's Food Act and the Food Standards Australia and New Zealand Act. In making his decision, TASCAT senior member Robert Winter said he did not consider the matter being progressed through the tribunal as the appropriate course of action, and transferred the complaint to the Magistrates Court. A video recently appeared online from what appears to be security camera vision from within an IGA supermarket at Sheffield. It captures a person with an alpaca at a checkout. The supermarket later stated that an alpaca could not be used as an assistance animal and apologised for any discomfort that may have been caused to customers. The Disability Discrimination Act does not define what can or cannot be used as an assistance animal. Sections of the act allow a person to request that information to confirm another person's need to have an assistance animal with them in a particular place, and for the animal to be trained to meet standards of hygiene and behaviour appropriate for being in a public place. An anti-discrimination complaint arising from an alpaca being used as an assistance animal in an IGA supermarket has been referred to the Magistrates Court for determination. The complaint by Abbygail-Nigella Borst and Desmond Gaull against IGA Everyday Orford was initially made to the state's Anti-Discrimination Commissioner, who then referred it to the Tasmanian Civil and Administrative Tribunal. The pair filed a complaint after they entered the store in December 2023 with an alpaca named Violet, described as an assistance animal, and were asked to leave as livestock was not permitted in the store. They alleged the direct and indirect discrimination, as well as humiliating, intimidating, insulting or ridiculing conduct by the respondent. The discrimination was on the basis that Ms Borst had a disability and that the Disability Discrimination Act had been breached. She provided a medical certificate to the Anti-Discrimination Commissioner in which her physician stated that Violent was used as part of her therapy. The store argued that the animal should not be allowed within the store in accordance with its obligations under the state's Food Act and the Food Standards Australia and New Zealand Act. In making his decision, TASCAT senior member Robert Winter said he did not consider the matter being progressed through the tribunal as the appropriate course of action, and transferred the complaint to the Magistrates Court. A video recently appeared online from what appears to be security camera vision from within an IGA supermarket at Sheffield. It captures a person with an alpaca at a checkout. The supermarket later stated that an alpaca could not be used as an assistance animal and apologised for any discomfort that may have been caused to customers. The Disability Discrimination Act does not define what can or cannot be used as an assistance animal. Sections of the act allow a person to request that information to confirm another person's need to have an assistance animal with them in a particular place, and for the animal to be trained to meet standards of hygiene and behaviour appropriate for being in a public place. An anti-discrimination complaint arising from an alpaca being used as an assistance animal in an IGA supermarket has been referred to the Magistrates Court for determination. The complaint by Abbygail-Nigella Borst and Desmond Gaull against IGA Everyday Orford was initially made to the state's Anti-Discrimination Commissioner, who then referred it to the Tasmanian Civil and Administrative Tribunal. The pair filed a complaint after they entered the store in December 2023 with an alpaca named Violet, described as an assistance animal, and were asked to leave as livestock was not permitted in the store. They alleged the direct and indirect discrimination, as well as humiliating, intimidating, insulting or ridiculing conduct by the respondent. The discrimination was on the basis that Ms Borst had a disability and that the Disability Discrimination Act had been breached. She provided a medical certificate to the Anti-Discrimination Commissioner in which her physician stated that Violent was used as part of her therapy. The store argued that the animal should not be allowed within the store in accordance with its obligations under the state's Food Act and the Food Standards Australia and New Zealand Act. In making his decision, TASCAT senior member Robert Winter said he did not consider the matter being progressed through the tribunal as the appropriate course of action, and transferred the complaint to the Magistrates Court. A video recently appeared online from what appears to be security camera vision from within an IGA supermarket at Sheffield. It captures a person with an alpaca at a checkout. The supermarket later stated that an alpaca could not be used as an assistance animal and apologised for any discomfort that may have been caused to customers. The Disability Discrimination Act does not define what can or cannot be used as an assistance animal. Sections of the act allow a person to request that information to confirm another person's need to have an assistance animal with them in a particular place, and for the animal to be trained to meet standards of hygiene and behaviour appropriate for being in a public place. An anti-discrimination complaint arising from an alpaca being used as an assistance animal in an IGA supermarket has been referred to the Magistrates Court for determination. The complaint by Abbygail-Nigella Borst and Desmond Gaull against IGA Everyday Orford was initially made to the state's Anti-Discrimination Commissioner, who then referred it to the Tasmanian Civil and Administrative Tribunal. The pair filed a complaint after they entered the store in December 2023 with an alpaca named Violet, described as an assistance animal, and were asked to leave as livestock was not permitted in the store. They alleged the direct and indirect discrimination, as well as humiliating, intimidating, insulting or ridiculing conduct by the respondent. The discrimination was on the basis that Ms Borst had a disability and that the Disability Discrimination Act had been breached. She provided a medical certificate to the Anti-Discrimination Commissioner in which her physician stated that Violent was used as part of her therapy. The store argued that the animal should not be allowed within the store in accordance with its obligations under the state's Food Act and the Food Standards Australia and New Zealand Act. In making his decision, TASCAT senior member Robert Winter said he did not consider the matter being progressed through the tribunal as the appropriate course of action, and transferred the complaint to the Magistrates Court. A video recently appeared online from what appears to be security camera vision from within an IGA supermarket at Sheffield. It captures a person with an alpaca at a checkout. The supermarket later stated that an alpaca could not be used as an assistance animal and apologised for any discomfort that may have been caused to customers. The Disability Discrimination Act does not define what can or cannot be used as an assistance animal. Sections of the act allow a person to request that information to confirm another person's need to have an assistance animal with them in a particular place, and for the animal to be trained to meet standards of hygiene and behaviour appropriate for being in a public place.
Scoop
12-05-2025
- Business
- Scoop
David Seymour Backs Watercress Seller Facing $600 Council Fee
Article – Laura Smith – Local Democracy Reporter Minister for Regulation David Seymour has written in support of a watercress seller who after 30 years was told he needed to register to sell, at a cost of $619. Act leader David Seymour is backing a Hawke's Bay watercress street seller told to stop until he paid more than $600 in registration fees after a Hastings District Council officer 'observed the activity'. Seymour, who is the Minister for Regulation, has written to the Minister for Food Andrew Hoggard, saying the Hastings man has been the subject of 'a bureaucratic exercise that risks shutting down a valued community tradition'. It follows the Local Democracy Reporting story of Jake* – who declined to reveal his real name out of fear of even more of a crackdown against him – who has been picking and selling watercress in his community for 30 years. Jake said he was now only supplying watercress in Flaxmere 'on occasion' and it was now for donation or koha. A council spokesperson said if the man was using a koha box he still needed to register because that was considered taking donations to sell the produce. Seymour said his concern was the current regulations leaned toward a bureaucratic exercise that risked shutting down a valued community tradition and placing barriers in front of makers and innovators. 'This case exemplifies how the Act's compliance requirements appear to disproportionately burden small-scale produce sellers, stifling microbusinesses,' Seymour said. In an email to Jake, the council said under the Food Act he had to cease trading until he was registered as a National Programme 1 business with the Hastings District Council. The estimated cost was $619 with ongoing annual costs. Seymour said he proposed 'we, and our agencies, look for targeted deregulatory measures to ensure this case and similar sellers can continue operating without undue financial strain if the risks remain low'. Jake said he was rapt to have Seymour's support. 'I never thought he would support someone like me. Maybe there is a silver lining to all of this. 'I want to do this right. I have a dream of maybe opening a shop, creating jobs for whānau.' He said he loves what he does. 'It's hard work but at the same time being out in mother nature is therapeutic.' Jake said he had a lot of support from the community after he shared his story, including an offer from a local businessman to pay the fees and offer him some business advice. He was still working through the process. * Jake is not his real name
Scoop
12-05-2025
- Business
- Scoop
David Seymour Backs Watercress Seller Facing $600 Council Fee
Act leader David Seymour is backing a Hawke's Bay watercress street seller told to stop until he paid more than $600 in registration fees after a Hastings District Council officer "observed the activity". Seymour, who is the Minister for Regulation, has written to the Minister for Food Andrew Hoggard, saying the Hastings man has been the subject of "a bureaucratic exercise that risks shutting down a valued community tradition". It follows the Local Democracy Reporting story of Jake* - who declined to reveal his real name out of fear of even more of a crackdown against him - who has been picking and selling watercress in his community for 30 years. Jake said he was now only supplying watercress in Flaxmere "on occasion" and it was now for donation or koha. A council spokesperson said if the man was using a koha box he still needed to register because that was considered taking donations to sell the produce. Seymour said his concern was the current regulations leaned toward a bureaucratic exercise that risked shutting down a valued community tradition and placing barriers in front of makers and innovators. "This case exemplifies how the Act's compliance requirements appear to disproportionately burden small-scale produce sellers, stifling microbusinesses," Seymour said. In an email to Jake, the council said under the Food Act he had to cease trading until he was registered as a National Programme 1 business with the Hastings District Council. The estimated cost was $619 with ongoing annual costs. Seymour said he proposed "we, and our agencies, look for targeted deregulatory measures to ensure this case and similar sellers can continue operating without undue financial strain if the risks remain low". Jake said he was rapt to have Seymour's support. "I never thought he would support someone like me. Maybe there is a silver lining to all of this. "I want to do this right. I have a dream of maybe opening a shop, creating jobs for whānau." He said he loves what he does. "It's hard work but at the same time being out in mother nature is therapeutic." Jake said he had a lot of support from the community after he shared his story, including an offer from a local businessman to pay the fees and offer him some business advice. He was still working through the process. * Jake is not his real name
NZ Herald
09-05-2025
- Business
- NZ Herald
David Seymour backs watercress seller facing $600 fee to continue
A council spokesperson said if he was using a koha box, he still needed to register as it was considered taking donations to sell the produce. Seymour said his concern is that the current regulations err towards a bureaucratic exercise that risks shutting down a valued community tradition and placing barriers in front of makers and innovators. 'This case exemplifies how the act's compliance requirements appear to disproportionately burden small-scale produce sellers, stifling microbusinesses,' Seymour said. In an email to Jake, the council said under the Food Act, he had to cease trading until he was registered as a National Programme 1 business with the Hastings District Council. The estimated cost was $619 with ongoing annual costs. Seymour said he proposed 'we, and our agencies, look for targeted deregulatory measures to ensure this case and similar sellers can continue operating without undue financial strain if the risks remain low'. Jake said he was rapt to have Seymour's support. 'I never thought he would support someone like me. Maybe there is a silver lining to all of this. 'I want to do this right. I have a dream of maybe opening a shop, creating jobs for whānau.' He said he loves what he does. 'It's hard work but at the same time being out in Mother Nature is therapeutic.' Jake said he had a lot of support from the community after he shared his story, including an offer from a local businessman to pay the fees and offer him some business advice. He is still working through the process. *Jake is not his real name
