By Caroline Williams of 
Sue Quigley believed she shouldn't have to go to court to get Muffin back, as the microchip was evidence that he belonged to her. Photo: Supplied / Sue Quigley
- Sue Quigley was overjoyed when she received a call to say her cat Muffin was alive, five years after he went missing.
- But despite her information being on the cat's microchip, the people who found and adopted Muffin don't want to give him back.
- The New Zealand Companion Animal Register, which holds the microchip data, says all it can do to help is refer Quigley to police or the courts.
A woman is heartbroken that she won't be reunited with her cat who turned up after five years missing, despite her name being on its microchip.
Lower Hutt resident Sue Quigley adopted siblings Muffin and Marshmallow as kittens from the SPCA abut 10 years ago.
The kittens were her then 4-year-old daughter Elizabeth's first pets.
The family were advised to get the kittens microchipped, to help reunite them should they go missing.
The New Zealand Companion Animal Register (NZCAR), the microchip database managed by charity Companion Animals NZ, states on its website that approved persons, such as vets and SPCA centres, can access the information on the microchips so a lost pet "can quickly be returned home".
In 2018, Muffin went missing during a thunderstorm. Quigley said her family put up posters, went door knocking, posted on social media and registered him as a lost pet with NZCAR.
"We looked high and low for him," said Quigley, adding that they even offered a $10,000 reward for his safe return.
Muffin never showed up, until five years later in November 2023, when NZCAR phoned Quigley to say he had been found.
"When we got the call that Muffin was alive, I was over the moon. I couldn't even believe it," Quigley said.
"I was just freaking out, like 'oh my god, oh my god, when can we come and pick him up?'"'
Quigley's daughter Elizabeth was aged around four when they adopted Muffin and his brother Marshmallow. They were her first pets. Photo: Supplied / Sue Quigley
But that joy soon dwindled when Quigley was told Muffin had new owners, who had renamed him Basil and declined to give him back.
"We really want our cat back. We love him. He's a beloved family pet," Quigley said.
"His name is not Basil, it's Muffin."
In a statement, Companion Animals NZ general manager David Lloyd said it had a "great deal of empathy" for Quigley's situation, however it had no legal power to rule on who should be Muffin's rightful owner.
"While NZCAR registration provides strong evidence of ownership, it is not sole proof and does not hold legal status on its own, meaning additional steps may be required to legally determine ownership."
NZCAR cannot share the new owner's contact details with Quigley, due to privacy law. It also cannot change the ownership information on Muffin's microchip without Quigley's permission.
"The individual currently in possession of the animal in question claims to have had the cat for five years, having adopted him in good faith."
NZCAR suggested Quigley approach police or the courts.
"While we aim to facilitate a resolution, it is ultimately up to the parties involved to agree, as we have no power to enforce the return of an animal and it may require legal or law enforcement involvement," Lloyd said.
"Unfortunately, without law enforcement involvement, the situation remains at a standstill."
Quigley searched extensively for Muffin after he went missing. Photo: Supplied / Sue Quigley
A police spokesperson confirmed it had received a report from Quigley, however it deemed her complaint to be a civil matter and suggested she seek legal assistance.
"I shouldn't have to, clearly that's my pet. I have all the evidence," Quigley said.
"What's the point? Why did I even get a chip?"
Ian Robertson, a veterinarian and barrister specialising in animal law at Guardianz, said animals are considered property in legislation.
"Just because you've found it, doesn't make it yours."
While there is no way to legally declare ownership of a cat, Robertson believed Quigley would have a strong case if she took her fight for Muffin to court, as a registered microchip was a "very, very, very compelling piece of evidence".
While Muffin's new owners may have had good intentions when they found, cared for and adopted him, they were now "effectively withholding the property", Robertson said.
"In terms of the law and who owns the cat, prima facie [at face value], it's Sue [Quigley]."
"The critical thing is that at no point has she relinquished her property rights."
Robertson said that while New Zealand had strict laws around privacy, they shouldn't be a barrier preventing a resolution in a case like this.
(It costs $15 to register a microchip with NZCAR, which doesn't include vet fees for inserting the chip.)
Quigley believed she shouldn't have to go to court to get Muffin, as the microchip was evidence that he belonged to her.
She wished NZCAR had never contacted her in the first place.
"We were heartbroken when we lost Muffin the first time.
"I wish they had just never called me, this has just kicked off the heartbreak all over again. I feel like I've lost him twice."
- Stuff
