Wellington - A New Zealand town council wants to dig up the grave of a dog that was sentenced to be destroyed for killing a protected fur seal to prove it is dead, a newspaper reported on Friday.

Peter Ray, 44, told the Greymouth District Court that his Alaskan Malamute called Hercules, which killed the seal after getting away from him on a beach walk, had subsequently died of a kidney infection and been buried in his garden.

He said a council dog ranger and police officer later called on him saying they wanted to dig up the grave to prove the dog was dead but he refused.

Judge Jane Farish turned down an application by the Grey District Council for a destruction order, which could be used to put Hercules down if he was found to be alive, and said the council's attempts to have him exhumed were outrageous.

Council official Sue Harkness told the paper that there was no physical proof or veterinarian's death certificate, adding, "The reality is that we have to prove the dog is dead to say there is no reason for this court order.

"I'm not suggesting this is the case here, but there is always the risk the person says the dog is dead and it isn't."

Ray was fined 1,000 New Zealand dollars (about 680 US dollars) for failing to control a dog that attacked protected wildlife, and the council is considering whether to appeal the judge's refusal to issue. (dpa)