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Reprint
as at 14 December 2019
Dog Control Act 1996
Public Act
1996 No 13
Date of assent
2 May 1996
Commencement
see section 1(2)
Contents
Page
Title
5
1
Short Title and commencement
5
2
Interpretation
5
3
Act to bind the Crown
10
Objects
4
Objects
10
5
Obligations of dog owners
10
Functions, duties, and powers of territorial authorities
6
Functions, duties, and powers of territorial authorities
11
7
Power to appoint joint committees
11
8
Performance of functions [Repealed]
12
9
Revenue
12
10
Duty of territorial authorities to adopt policy on dogs
12
10AA
Local authority must review policy if bylaw implementing policy
15
requires review
10A
Territorial authority must report on dog control policy and
16
practices
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
This Act is administered by the Department of Internal Affairs.
1
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Reprinted as at
Dog Control Act 1996
14 December 2019
Dog control officers and dog rangers
11
Dog control officers
16
12
Dog rangers
17
13
Dog control officer and dog ranger to produce warrant of authority
17
and evidence of identity
14
Power of entry
17
15
Power of dog control officer or dog ranger to feed and shelter dogs
18
16
Districts in which dog control officer or dog ranger may exercise
19
powers
17
Powers of warranted officers
19
18
Wilful obstruction of dog control officer or dog ranger
20
19
Power of constable, dog control officer, or dog ranger to request
20
information about owner
19A
Power of constable, dog control officer, or dog ranger to request
21
information about dog
Bylaws
20
Dog control bylaws
21
Probationary owners
21
Classification of probationary owners
23
22
Objection to classification as probationary owner
24
23
Probationary owners
24
23A
Territorial authority may require probationary owner to undertake
25
training
24
Obligation of probationary owners to dispose of unregistered dogs
25
Disqualification of owners
25
Disqualification of owners
26
26
Objection to disqualification
27
27
Appeal to District Court
28
28
Effect of disqualification
28
29
Probationary classification and disqualification to extend over New
30
Zealand
30
Maintenance of records and provision of information
30
30AA
Territorial authority may retain information about infringement
32
notice until infringement fee paid
Prohibition on import of certain dogs
30A
Prohibition on import of dogs listed in Schedule 4
32
Dangerous dogs
31
Territorial authority to classify dangerous dogs
33
32
Effect of classification as dangerous dog
34
32A
Dangerous dog classification to extend over New Zealand
36
33
Territorial authority’s consent to disposal of dangerous dog
36
2
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Reprinted as at
14 December 2019
Dog Control Act 1996
Menacing dogs
33A
Territorial authority may classify dog as menacing
36
33B
Objection to classification of dog under section 33A
37
33C
Dogs belonging to breed or type listed in Schedule 4 to be
37
classified as menacing
33D
Objection to classification of dog under section 33C
38
33E
Effect of classification as menacing dog
38
33EA
Menacing dog classification to extend over New Zealand
39
33EB
Territorial authority (other than classifying authority) may require
39
neutering of menacing dog
33EC
Offence to fail to comply with section 33E(1) or 33EB
40
Dangerous and menacing dogs
33ED
Territorial authority to classify certain dogs as dangerous or
40
menacing
33F
Owner must advise person with possession of dangerous or
41
menacing dog of requirement to muzzle and leash dog in public
Registration and registration fees
34
Dogs register
41
35
Supply of register information
43
35A
National dog control information database
44
35AB
National dog control information database may contain additional
45
information supplied by territorial authority
35B
Levy to fund costs of national dog control information database
45
36
Application for registration
46
36A
Microchip transponder must be implanted in certain dogs
47
37
Territorial authority to set fees
49
38
Registration fee for certain dogs registered on or after 2 August
50
39
Refund and reduction of fees
50
40
Proof of class of dog
51
41
Penalty for false statement relating to application for registration
51
41A
Dead dogs
51
42
Offence of failing to register dog
52
43
Registration of impounded dog, dog in quarantine, or dog in
53
custody of society established to prevent cruelty to animals
[Repealed]
44
Dog not wearing proper label or disc deemed unregistered
53
45
Burden of proof on owner of dog
53
46
Issue of label or disc and completion of registration
53
47
Registration to extend over New Zealand
53
48
Change of ownership of dog
54
49
Transfer of dog from one address or district to another
54
50
Dog not wearing proper label or disc may be impounded
55
51
Offences relating to collars, labels, and discs
55
3
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Reprinted as at
Dog Control Act 1996
14 December 2019
Obligations of owner
52
Control of dogs generally
56
52A
Control of dog on owner’s property
57
53
Offence of failing to keep dog under control
57
54
Obligations of dog owner
58
54A
Owner must use or carry leash in public
58
55
Barking dogs
58
56
Removal of barking dog causing distress
59
57
Dogs attacking persons or animals
60
57A
Dogs rushing at persons, animals, or vehicles
62
58
Dogs causing serious injury
62
59
Seizure or destruction of dog at large in vicinity of protected
63
wildlife
60
Seizure or destruction of dog running at large among stock or
63
poultry
61
Orders relating to dog seen worrying stock
63
62
Allowing dogs known to be dangerous to be at large unmuzzled
64
63
Owner liable for damage done by dog
65
64
Procedure where order made for destruction of dog
65
Infringement offences
65
Infringement offences
66
66
Infringement notices
66
Category 1 offences
66A
Jurisdiction for category 1 offences
68
Custody of dogs
67
Provision of pound facilities
68
68
Pound fees
68
69
Impounding and subsequent disposal of dog
69
69A
Impounded dog must be microchipped and registered before
70
release
70
Custody of dog removed for barking
71
71
Retention of dog threatening public safety
72
71A
Disposal of dog seized under section 15 or 33EC
73
71B
District Court to determine appeal
75
72
Offence to release dog from custody
75
72A
Power of dog control officer or dog ranger to seize released dog
76
Miscellaneous provisions
73
No liability where dog wounded in attempt to destroy
76
74
Limitation of liability for damage
76
75
Disability assist dogs
76
76
Giving and content of notices
77
77
Application of fines
78
4
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Reprinted as at
14 December 2019
Dog Control Act 1996
s 2
78
Regulations
78
78A
Regulations adding further breed or type to Schedule 4
79
78B
Procedure for bringing Order in Council made under section 78A
79
into force
78C
Matters to which Minister must have regard before recommending
80
Order in Council under section 78A
78D
Regulations amending Schedule 5
80
79
Consequential amendments
81
80
Repeals
81
Schedule 1
82
Infringement offences and fees
Schedule 2
84
Enactments amended
Schedule 3
85
Enactments repealed
Schedule 4
86
Breed and type of dog subject to ban on importation and
muzzling
Schedule 5
87
Organisations authorised to certify dogs as disability assist
dogs
An Act—
(a)
to make better provision for the control of dogs; and
(b)
to make better provision in relation to damage caused by dogs; and
(c)
to repeal the Dog Control and Hydatids Act 1982 and its amendments
1
Short Title and commencement
(1)
This Act may be cited as the Dog Control Act 1996.
(2)
Except as provided in
sections 10(9) and
37(9), this Act shall come into force
on 1 July 1996.
2
Interpretation
In this Act, unless the context otherwise requires,—
disability assist dog means a dog certified by one of the organisations listed in
Schedule 5 as being a dog that has been trained (or is being trained) to assist a
person with a disability
district means the district of a territorial authority
dog control fee means any fee prescribed under section 37
5
link to page 16 link to page 19 link to page 17 link to page 66
Reprinted as at
s 2
Dog Control Act 1996
14 December 2019
dog control officer means a dog control officer appointed under
section 11;
and includes a warranted of
ficer exercising powers under section 17
dog ranger means a dog ranger appointed under
section 12; and includes an
honorary dog ranger
domestic animal includes—
(a)
any animal (including a bird or reptile) kept as a domestic pet:
(b)
any working dog:
(c)
any other animal kept by any person for recreational purposes or for the
purposes of that person’s occupation or employment
infringement offence has the meaning given to it in
section 65(1)
Minister means the Minister of the Crown who, under the authority of any
warrant or with the authority of the Prime Minister, is for the time being
responsible for the administration of this Act
neutered dog means a dog that has been spayed or castrated; and does not
include a dog that has been vasectomised
owner, in relation to any dog, means every person who—
(a)
owns the dog; or
(b)
has the dog in his or her possession, whether the dog is at large or in
confinement, otherwise than for a period not exceeding 72 hours for the
purpose of preventing the dog causing injury, damage, or distress, or for
the sole purpose of restoring a lost dog to its owner; or
(c)
the parent or guardian of a person under the age of 16 years who—
(i)
is the owner of the dog pursuant to paragraph (a) or paragraph (b);
and
(ii)
is a member of the parent or guardian’s household living with and
dependent on the parent or guardian;—
but does not include any person who has seized or taken custody of the dog
under this Act or
the Animal Welfare Act 1999 or the
National Parks Act 1980
or the
Te Urewera Act 2014 or the
Conservation Act 1987 or any order made
under this Act or the Animal Welfare Act 1999
poultry means any live bird (including a domestic fowl, a duck, a goose, a tur-
key, a guinea-fowl, a pheasant, an emu, an ostrich, a quail, or a pigeon) that is
kept or raised for the purpose of sale or of producing eggs, hatching eggs, or
poultry products or for the purpose of rearing on behalf of another person
private way has the meaning given to it by
section 315(1) of the Local Gov-
ernment Act 1974
protected wildlife means—
(a)
any animal for the time being absolutely protected pursuant to
section 3
of the Wildlife Act 1953; and
6
link to page 41 link to page 11
Reprinted as at
14 December 2019
Dog Control Act 1996
s 2
(b)
any animal for the time being partially protected pursuant to
section 5 of
the Wildlife Act 1953, other than an animal in such circumstances that it
may be hunted or killed under the authority of subsection (2) of that sec-
tion; and
(c)
any animal that is a marine mammal within the meaning of the
Marine
Mammals Protection Act 1978
public place—
(a)
means a place that, at any material time, is open to or is being used by
the public, whether free or on payment of a charge, and whether any
owner or occupier of the place is lawfully entitled to exclude or eject any
person from that place; and
(b)
includes any aircraft, hovercraft, ship or ferry or other vessel, train, or
vehicle carrying or available to carry passengers for reward
register, as a noun, means a dogs register kept by a territorial authority under
section 34
registration year has the same meaning as that given to the term financial year
in section 5(1) of the Local Government Act 2002
specified agency—
(a)
means—
(i)
the A
viation Security Service established under section 72B(2)(ca)
of the Civil Aviation Act 1990:
(ii)
the Department of Conservation:
(iii)
the Department of Corrections:
(iv)
the Ministry of Agriculture and Forestry:
(v)
the Ministry of Defence:
(vi)
the Ministry of Fisheries:
(vii) the New Zealand Customs Service:
(viii) the New Zealand Defence Force:
(ix)
the New Zealand Police; and
(b)
includes the Director of Civil Defence Emergency Management
stock means—
(a)
any live horse, cattle, sheep, swine, alpaca, llama, bison, donkey, hinny,
mule, or water buffalo that is not in a wild state:
(b)
any deer, goat, tahr, rabbit, possum, or other animal that is kept within a
fence or enclosure for domestic or farming purposes
territorial authority has the same meaning as in the
Local Government Act
2002; but, except for the purposes of
section 7 of this Act, does not include any
7
Reprinted as at
s 2
Dog Control Act 1996
14 December 2019
territorial authority that has united with any other territorial authority under
clause 30(1)(b) of Schedule 7 of the Local Government Act 2002
veterinarian has the meaning given to it in
section 4 of the Veterinarians Act
2005
warranted officer means any person who is for the time being a warranted
officer within the meaning of the
Conservation Act 1987
working dog means—
(a)
any disability assist dog:
(b)
any dog—
(i)
kept by the Police or any constable, the New Zealand Customs
Service, the Ministry of Agriculture and Forestry, the Ministry of
Fisheries, or the Ministry of Defence, or any officer or employee
of any such department of State solely or principally for the pur-
poses of carrying out the functions, powers, and duties of the
Police or the department of State or that constable, officer, or
employee; or
(ii)
kept solely or principally for the purposes of herding or driving
stock; or
(iii)
kept by the Department of Conservation or any officer or
employee of that department solely or principally for the purposes
of carrying out the functions, duties, and powers of that depart-
ment; or
(iv)
kept solely or principally for the purposes of destroying pests or
pest agents under any pest management plan under the
Biosecur-
ity Act 1993; or
(iva) kept by the Department of Corrections or any officer or employee
of that department solely or principally for the purposes of carry-
ing out the functions, duties, and powers of that department; or
(ivb) kept by the Aviation Security Service established under
section
72B(2)(ca) of the Civil Aviation Act 1990, or any officer or
employee of that service solely or principally for the purposes of
carrying out the functions, duties, and powers of that service; or
(ivc) certified for use by the Director of Civil Defence Emergency
Management for the purposes of carrying out the functions,
duties, and powers conferred by the
Civil Defence Emergency
Management Act 2002; or
(v)
owned by a property guard as defined in
section 9 of the Private
Security Personnel and Private Investigators Act 2010 or a prop-
erty guard employee as defined in
section 17 of that Act, and kept
solely or principally for the purpose of doing the things specified
in section 9(1)(a) to (c) of that Act; or
8
Reprinted as at
14 December 2019
Dog Control Act 1996
s 2
(vi)
declared by resolution of the territorial authority to be a working
dog for the purposes of this Act, or any dog of a class so declared
by the authority, being a dog owned by any class of persons speci-
fied in the resolution and kept solely or principally for the pur-
poses specified in the resolution.
Compare: 1982 No 42 s 2; 1990 No 27 s 42
Section 2
companion dog: repealed, on 28 June 2006, by section 4(1) of the Dog Control Amend-
ment Act 2006 (2006 No 23).
Section 2
disability assist dog: replaced, on 21 March 2019, by
section 4 of the Local Government
Regulatory Systems Amendment Act 2019 (2019 No 6).
Section 2
district: substituted, on 1 July 2003, by
section 262 of the Local Government Act 2002
(2002 No 84).
Section 2
guide dog: repealed, on 28 June 2006, by section 4(1) of the Dog Control Amendment Act
2006 (2006 No 23).
Section 2
hearing ear dog: repealed, on 28 June 2006, by section 4(1) of the Dog Control Amend-
ment Act 2006 (2006 No 23).
Section 2
Minister: inserted, on 1 December 2003, by
section 3(1) of the Dog Control Amendment
Act 2003 (2003 No 119).
Section 2
owner: amended, on 28 July 2014, by
section 138 of the Te Urewera Act 2014 (2014
No 51).
Section 2
owner: amended, on 1 January 2000
, by section 194 of the Animal Welfare Act 1999 (1999
No 142).
Section 2
register: inserted, on 28 June 2006, by section 4(2) of the Dog Control Amendment Act
2006 (2006 No 23).
Section 2
registration year: substituted, on 1 July 2003, by
section 262 of the Local Government Act
2002 (2002 No 84).
Section 2
specified agency: inserted, on 1 December 2003, by
section 3(2) of the Dog Control
Amendment Act 2003 (2003 No 119).
Section 2
stock paragraph (b): amended, on 12 December 2012, by
section 4 of the Dog Control
Amendment Act 2012 (2012 No 100).
Section 2
territorial authority: substituted, on 1 July 2003, by
section 262 of the Local Government
Act 2002 (2002 No 84).
Section 2
veterinarian: inserted, on 28 June 2006, by section 4(2) of the Dog Control Amendment
Act 2006 (2006 No 23).
Section 2
working dog paragraph (a): substituted, on 28 June 2006, by section 4(3) of the Dog Con-
trol Amendment Act 2006 (2006 No 23).
Section 2
working dog paragraph (b)(i): amended, on 1 March 1998, pursuant to
section 5(1)(c) of
the Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100).
Section 2
working dog paragraph (b)(i): amended, on 1 October 1996, pursuant to
section 294(1) of
the Customs and Excise Act 1996 (1996 No 27).
Section 2
working dog paragraph (b)(iv): amended, on 18 September 2012, by
section 93 of the
Biosecurity Law Reform Act 2012 (2012 No 73).
Section 2
working dog paragraph (b)(iva): inserted, on 1 December 2003, by
section 3(3) of the Dog
Control Amendment Act 2003 (2003 No 119).
Section 2
working dog paragraph (b)(ivb): inserted, on 1 December 2003, by
section 3(3) of the Dog
Control Amendment Act 2003 (2003 No 119).
9
link to page 60 link to page 65
Reprinted as at
s 3
Dog Control Act 1996
14 December 2019
Section 2
working dog paragraph (b)(ivc): inserted, on 1 December 2003, by
section 3(3) of the Dog
Control Amendment Act 2003 (2003 No 119).
Section 2
working dog paragraph (b)(v): substituted, on 1 April 2011, by
section 121(1) of the Pri-
vate Security Personnel and Private Investigators Act 2010 (2010 No 115).
3
Act to bind the Crown
Except as provided in sections 57(7) and 63(2), this Act shall bind the Crown.
Compare: 1982 No 42 s 3
Objects
4
Objects
The objects of this Act are—
(a)
to make better provision for the care and control of dogs—
(i)
by requiring the registration of dogs; and
(ii)
by making special provision in relation to dangerous dogs and
menacing dogs; and
(iii)
by imposing on the owners of dogs, obligations designed to
ensure that dogs do not cause a nuisance to any person and do not
injure, endanger, or cause distress to any person; and
(iv)
by imposing on owners of dogs obligations designed to ensure
that dogs do not injure, endanger, or cause distress to any stock,
poultry, domestic animal, or protected wildlife; and
(b)
to make provision in relation to damage caused by dogs.
Section 4(a)(ii): amended, on 1 December 2003, by
section 4 of the Dog Control Amendment Act
2003 (2003 No 119).
5
Obligations of dog owners
(1)
The obligations imposed on dog owners by this Act require every owner of a
dog—
(a)
to ensure that the dog is registered in accordance with this Act, and that
all relevant territorial authorities are promptly notified of any change of
address or ownership of the dog:
(b)
to ensure that the dog is kept under control at all times:
(c)
to ensure that the dog receives proper care and attention and is supplied
with proper and sufficient food, water and shelter:
(d)
to ensure that the dog receives adequate exercise:
(e)
to take all reasonable steps to ensure that the dog does not cause a nuis-
ance to any other person, whether by persistent and loud barking or
howling or by any other means:
(f)
to take all reasonable steps to ensure that the dog does not injure, endan-
ger, intimidate, or otherwise cause distress to any person:
10
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Dog Control Act 1996
s 7
(g)
to take all reasonable steps to ensure that the dog does not injure, endan-
ger, or cause distress to any stock, poultry, domestic animal, or protected
wildlife:
(h)
to take all reasonable steps to ensure that the dog does not damage or
endanger any property belonging to any other person:
(i)
to comply with the requirements of this Act and of all regulations and
bylaws made under this Act.
(2)
Nothing in this Act limits the obligations of any owner of a dog to comply with
the requirements of any other Act or of any regulations or bylaws regulating
the control, keeping, and treatment of dogs.
Functions, duties, and powers of territorial authorities
6
Functions, duties, and powers of territorial authorities
(1)
Every territorial authority shall perform any function or duty and may exercise
any power imposed or conferred on it by this Act.
(2)
In addition to any power conferred on a territorial authority by this Act, any
territorial authority may,—
(a)
either singly or jointly with any other territorial authority or any other
organisation or group or body of persons (whether incorporated or not)
undertake, promote, and encourage the development of such services
and programmes as it considers desirable to promote responsible dog
ownership and the welfare of dogs:
(b)
make grants to any organisation or group or body of persons (whether
incorporated or not) whose objects include the care, custody, training, or
welfare of dogs or the instruction or education of persons concerning
such care, custody, training, or welfare:
(c)
engage in publicity for the purposes of this Act.
Compare: 1982 No 42 s 5
7
Power to appoint joint committees
(1)
Subject to this section, any territorial authority may unite with 1 or more terri-
torial authorities in appointing a joint committee under
clause 30(1)(b) of
Schedule 7 of the Local Government Act 2002 for the purposes of this Act.
(2)
No territorial authority may unite under
clause 30(1)(b) of Schedule 7 of the
Local Government Act 2002 for the purposes of this Act with any local author-
ity or public body that is not a territorial authority.
(3)
Except as otherwise provided in this Act, where any territorial authorities unite
under
clause 30(1)(b) of Schedule 7 of the Local Government Act 2002 for the
purposes of this Act,—
11
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14 December 2019
(a)
the joint committee appointed under that clause is, for the purposes of
this Act, deemed to be a territorial authority and has all the functions,
duties, and powers conferred on a territorial authority by this Act; and
(b)
the district of each of the territorial authorities that so unite are, for the
purposes of this Act, deemed to be the district of that territorial author-
ity; and
(c)
except as provided in this section, the territorial authorities that so unite
may not perform any function or exercise any power under this Act.
(4)
Where any territorial authorities unite under
clause 30(1)(b) of Schedule 7 of
the Local Government Act 2002 for the purposes of this Act, the joint commit-
tee may delegate to any of the territorial authorities that so unite any of the
functions, duties, and powers conferred on that joint committee by this Act,
other than the functions, duties, and powers conferred on it by
sections 10, 11,
37, 38, and 39.
(5)
Every delegation under subsection (4) is revocable at will, and no such delega-
tion prevents the exercise of any power by the joint committee.
Section 7: substituted, on 1 July 2003, by
section 262 of the Local Government Act 2002 (2002
No 84).
8
Performance of functions
[Repealed]
Section 8: repealed
, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
9
Revenue
All money received and retained by a territorial authority under this Act shall
be expended only for purposes authorised by or under this Act.
10
Duty of territorial authorities to adopt policy on dogs
(1)
Every territorial authority must adopt, in accordance with the special consulta-
tive procedure set out in
section 83 of the Local Government Act 2002, a pol-
icy in respect of dogs in the district of the territorial authority.
(2)
For the purposes of subsection (1), the territorial authority must, under
section
83(1)(e) of the Local Government Act 2002, give notice of the draft policy to
every person who is, according to its register, the owner of a dog.
(3)
Every policy adopted under this section—
(a)
shall specify the nature and application of any bylaws made or to be
made under section 20; and
(b)
shall identify any public places in which dogs are to be prohibited, either
generally or at specified times, pursuant to a bylaw made under
section
20(1)(a); and
(c)
shall identify—
(i)
any particular public places; and
12
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Dog Control Act 1996
s 10
(ii)
any areas or parts of the district,—
in which dogs (other than working dogs) in public places are to be
required by a bylaw made under
section 20(1)(b) to be controlled on a
leash; and
(d)
shall identify those areas or parts of the district in respect of which no
public places or areas are to be identified under paragraph (b) or para-
graph (c); and
(e)
shall identify any places within areas or parts of the district specified in
paragraph (c)(ii) of this subsection that are to be designated by a bylaw
under
section 20(1)(d) as dog exercise areas in which dogs may be exer-
cised at large; and
(ea) must state whether dogs classified by the territorial authority as menac-
ing dogs under
section 33A or
33C are required to be neutered under
section 33E(1)(b) and,—
(i)
if so, whether the requirement applies to all such dogs; and
(ii)
if not, the matters taken into account by it in requiring any par-
ticular dog to be neutered; and
(eb) must state whether dogs classified by any other territorial authority as
menacing dogs under
section 33A or
33C are required to be neutered
under
section 33EB(2) if the dog is registered with the territorial author-
ity and,—
(i)
if so, whether the requirement applies to all such dogs; and
(ii)
if not, the matters taken into account by it in requiring any par-
ticular dog to be neutered; and
(f)
shall include such other details of the policy as the territorial authority
thinks fit including, but not limited to, details of the policy in relation
to—
(i)
fees or proposed fees; and
(ii)
owner education programmes; and
(iii)
dog obedience courses; and
(iv)
the classification of owners; and
(v)
the disqualification of owners; and
(vi)
the issuing of infringement notices.
(4)
In adopting a policy under this section, the territorial authority must have
regard to—
(a)
the need to minimise danger, distress, and nuisance to the community
generally; and
13
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s 10
Dog Control Act 1996
14 December 2019
(b)
the need to avoid the inherent danger in allowing dogs to have uncon-
trolled access to public places that are frequented by children, whether or
not the children are accompanied by adults; and
(c)
the importance of enabling, to the extent that is practicable, the public
(including families) to use streets and public amenities without fear of
attack or intimidation by dogs; and
(d)
the exercise and recreational needs of dogs and their owners.
(5)
Every statement or publication of a policy adopted under this section—
(a)
shall identify any land within the district that is included in—
(i)
a controlled dog area or open dog area under
section 26ZS of the
Conservation Act 1987; or
(ii)
a national park constituted under the
National Parks Act 1980; or
(iii)
Te Urewera, as defined in
section 7 of the Te Urewera Act 2014;
and
(b)
may contain such other information and advice in relation to dogs as the
territorial authority thinks fit.
(6)
The territorial authority must give effect to a policy adopted under this sec-
tion—
(a)
by making the necessary bylaws under
section 20, which must come into
force not later than the 60th day after the adoption of the policy; and
(b)
by repealing, before the 60th day after the adoption of the policy, any
bylaws that are inconsistent with the policy.
(7)
No territorial authority shall make any bylaw that is inconsistent with the pol-
icy under this section that, at the time of the making of the bylaw, is in force in
its district.
(8)
The territorial authority may, at any time, adopt, in accordance with the special
consultative procedure, an amended policy under this section and this section
shall apply, with the necessary modifications, to the adoption of that amended
policy.
(8A) The adoption of a policy or amended policy in accordance with this section sat-
isfies the requirements of
sections 86, 155, and
156(1) of the Local Govern-
ment Act 2002 in respect of any bylaw to which subsection (6) applies.
(9)
This section shall come into force on the day on which this Act receives the
Royal assent.
(10) Subsection (8) applies subject to
section 10AA.
Section 10(1): substituted, on 1 July 2003, by
section 262 of the Local Government Act 2002 (2002
No 84).
Section 10(2): substituted, on 1 July 2003, by
section 262 of the Local Government Act 2002 (2002
No 84).
14
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Reprinted as at
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Dog Control Act 1996
s 10AA
Section 10(2): amended, on 28 June 2006, by section 29(1) of the Dog Control Amendment Act 2006
(2006 No 23).
Section 10(3)(ea): inserted, on 28 June 2006, by section 5(1) of the Dog Control Amendment Act
2006 (2006 No 23).
Section 10(3)(eb): inserted, on 28 June 2006, by section 5(1) of the Dog Control Amendment Act
2006 (2006 No 23).
Section 10(4): substituted, on 1 December 2003, by
section 5(1) of the Dog Control Amendment Act
2003 (2003 No 119).
Section 10(5)(a)(ii): amended, on 28 July 2014, by
section 138 of the Te Urewera Act 2014 (2014
No 51).
Section 10(5)(a)(iii): inserted, on 28 July 2014, by
section 138 of the Te Urewera Act 2014 (2014
No 51).
Section 10(6): substituted, on 1 December 2003, by
section 5(2) of the Dog Control Amendment Act
2003 (2003 No 119).
Section 10(6)(a): amended, on 28 June 2006, by section 29(2) of the Dog Control Amendment Act
2006 (2006 No 23).
Section 10(8A): inserted, on 1 December 2003, by
section 5(3) of the Dog Control Amendment Act
2003 (2003 No 119).
Section 10(10): added, on 28 June 2006, by section 5(3) of the Dog Control Amendment Act 2006
(2006 No 23).
10AA Local authority must review policy if bylaw implementing policy requires
review
(1)
This section applies if a bylaw to which
section 10(6)(a) applies is required (by
the operation of
section 20(4)) to be reviewed by a territorial authority under
section 158 or 159 of the Local Government Act 2002.
(2)
The territorial authority must review the bylaw by making the determinations
required by
section 155 of that Act in the context of a reconsideration of the
matters in
section 10(4) of this Act.
(3)
If, after the review, the territorial authority considers that the bylaw should be
amended, revoked, or revoked and replaced, it must—
(a)
deal with the bylaw under
section 156 of the Local Government Act
2002; and
(b)
if appropriate, amend its policy under section 10 of this Act.
(4)
If, after the review, the territorial authority considers that the bylaw should con-
tinue without amendment, it must use the special consultative procedure set out
in section 83 of the Local Government Act 2002.
(5)
For the purposes of subsection (4), the statement of proposal referred to in
sec-
tion 83(1)(a) of that Act must include—
(a)
a draft of the bylaw to be continued; and
(b)
the reasons for the proposal, including the determinations made by the
territorial authority under subsection (2).
Section 10AA: inserted, on 28 June 2006, by section 6 of the Dog Control Amendment Act 2006
(2006 No 23).
15
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Reprinted as at
s 10A
Dog Control Act 1996
14 December 2019
10A Territorial authority must report on dog control policy and practices
(1)
A territorial authority must, in respect of each financial year, report on the
administration of—
(a)
its dog control policy adopted under section 10; and
(b)
its dog control practices.
(2)
The report must include, in respect of each financial year, information relating
to—
(a)
the number of registered dogs in the territorial authority district:
(b)
the number of probationary owners and disqualified owners in the terri-
torial authority district:
(c)
the number of dogs in the territorial authority district classified as dan-
gerous
under section 31 and the relevant provision under which the clas-
sification is made:
(d)
the number of dogs in the territorial authority district classified as men-
acing under
section 33A or
section 33C and the relevant provision under
which the classification is made:
(e)
the number of infringement notices issued by the territorial authority:
(f)
the number of dog related complaints received by the territorial authority
in the previous year and the nature of those complaints:
(g)
the number of prosecutions taken by the territorial authority under this
Act.
(3)
The territorial authority must—
(a)
give public notice, as defined in
section 5(1) of the Local Government
Act 2002, of the report; and
(b)
make the report publicly available, as described in
section 5(3) of that
Act.
(4)
[Repealed]
Section 10A: inserted, on 1 December 2003, by
section 6 of the Dog Control Amendment Act 2003
(2003 No 119).
Section 10A(3): replaced, on 21 March 2019,
by section 5 of the Local Government Regulatory Sys-
tems Amendment Act 2019 (2019 No 6).
Section 10A(4): repealed, on 21 March 2019,
by section 5 of the Local Government Regulatory Sys-
tems Amendment Act 2019 (2019 No 6).
Dog control officers and dog rangers
11
Dog control officers
(1)
Every territorial authority shall appoint 1 or more dog control officers or enter
into an agreement
under section 16(2) for the provision of the services of a dog
control officer in its district, and may appoint such other staff as it considers
necessary for the purposes of this Act.
16
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14 December 2019
Dog Control Act 1996
s 14
(2)
No person shall be appointed as a dog control officer unless the territorial
authority or the person making the appointment on behalf of the territorial
authority is satisfied, having regard to the education and experience of the per-
son to be appointed, that that person is competent to perform the duties and
exercise the powers of a dog control officer under this Act.
Compare: 1982 No 42 s 9; 1992 No 9 s 3(4)
12
Dog rangers
(1)
Any territorial authority may appoint 1 or more dog rangers.
(2)
Any person may be appointed as a dog ranger in an honorary capacity.
Compare: 1982 No 42 s 13
13
Dog control officer and dog ranger to produce warrant of authority and
evidence of identity
(1)
Every dog control officer and dog ranger shall be supplied by his or her
employer with a warrant of appointment as a dog control officer or dog ranger,
as the case may be, and that warrant shall clearly show the district or districts
in respect of which the dog control officer or dog ranger may exercise his or
her powers.
(2)
Every dog control officer or dog ranger who exercises or purports to exercise
any power conferred by this Act shall carry, and shall produce if required to do
so, his or her warrant of appointment and evidence of his or her identity.
Compare: 1982 No 42 s 14(1), (3)
14
Power of entry
(1)
Where any dog control officer has good cause to suspect that an offence against
this Act or against any bylaw made under this Act is being committed on any
land or premises, the dog control officer, and all persons he or she calls to his
or her assistance, may enter at any reasonable time onto the land or premises—
(a)
to inspect any dog for the time being appearing to be kept on that land or
premises or to inspect the conditions in which any such dog is kept; and
(b)
if authorised under any other provision of this Act, to seize or take cus-
tody of any dog on the land or premises.
(2)
Where any dog control officer has good cause to suspect that an offence against
this Act or against any bylaw made under this Act has, at any time in the pre-
ceding 6 months, been committed in respect of any dog for the time being
appearing to be kept on any land or premises, the dog control officer, and all
persons he or she calls to his or her assistance, may enter at any reasonable
time onto the land or premises—
(a)
to inspect any dog on the land or premises; and
(b)
if authorised under any other provision of this Act, to seize or take cus-
tody of any dog on the land or premises.
17
Reprinted as at
s 15
Dog Control Act 1996
14 December 2019
(3)
Nothing in this section shall authorise any dog control officer to enter any
dwellinghouse unless—
(a)
the entry is authorised by a warrant given by an issuing officer (within
the meaning of
section 3 of the Search and Surveillance Act 2012) on
application by a dog control officer in the manner provided in
subpart 3
of Part 4 of the Search and Surveillance Act 2012; and
(b)
he or she is accompanied by a constable.
(4)
This section is subject to any express provision to the contrary in this Act.
(5)
The provisions of
Part 4 of the Search and Surveillance Act 2012 (except
sub-
parts 3, 5, and 6) apply.
(6)
Despite subsection (5),
sections 118 and
119 of the Search and Surveillance
Act 2012 apply only in respect of a constable.
Section 14(3)(a): substituted, on 28 June 2006, by section 7(1) of the Dog Control Amendment Act
2006 (2006 No 23).
Section 14(3)(a): amended, on 1 October 2012, by
section 232(1) of the Search and Surveillance Act
2012 (2012 No 24).
Section 14(4): added, on 28 June 2006, by section 7(2) of the Dog Control Amendment Act 2006
(2006 No 23).
Section 14(5): inserted, on 1 October 2012, by
section 232(2) of the Search and Surveillance Act
2012 (2012 No 24).
Section 14(6): inserted, on 1 October 2012, by
section 232(2) of the Search and Surveillance Act
2012 (2012 No 24).
15
Power of dog control officer or dog ranger to feed and shelter dogs
(1)
A dog control officer or dog ranger who has reasonable grounds to suspect that
a dog is without access to proper and sufficient food, water, or shelter may
enter on any land or premises where the dog is present and do 1 or more of the
following things:
(a)
supply the dog with food, water, or shelter:
(b)
enter onto the land or premises from time to time to continue to supply
the dog with food, water, or shelter:
(c)
seize the dog and remove it from the land or premises.
(2)
A dog may be seized and removed under subsection (1)(c) only if the dog con-
trol officer or dog ranger—
(a)
is satisfied that the dog is without access to proper and sufficient food,
water, or shelter; and
(b)
has reasonable cause to suspect that (but for the food, water, or shelter
supplied by the dog control officer or dog ranger) the dog will not be
given access to proper and sufficient food, water, or shelter within the
next 24 hours.
(3)
If a dog is seized under subsection (1)(c), the dog control officer or dog
ranger—
18
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Dog Control Act 1996
s 17
(a)
must give written notice in the prescribed form to the owner of the dog
or, if the owner is not present, to the person for the time being appearing
to be in charge of the land or premises; and
(b)
may retain custody of the dog until—
(i)
the dog control officer or dog ranger is satisfied that the dog will
be given access to sufficient food, water, and shelter from its
owner; or
(ii)
the dog is disposed of under section 71A.
(4)
For the purposes of subsection (3), if no person is present on the land or prem-
ises, the dog control officer or dog ranger must leave the notice in a conspicu-
ous place on the land or premises.
(5)
All reasonable costs incurred in the seizure, custody, sustenance, and transport
of a dog under this section may be recovered as a debt from the owner of the
dog.
(6)
[Repealed]
Section 15: substituted, on 1 December 2003, by
section 7 of the Dog Control Amendment Act 2003
(2003 No 119).
Section 15(3)(a): amended, on 7 July 2004, by
section 3(1) of the Dog Control Amendment Act 2004
(2004 No 61).
Section 15(3)(b): substituted, on 28 June 2006, by section 8(1) of the Dog Control Amendment Act
2006 (2006 No 23).
Section 15(4): amended, on 7 July 2004, by
section 3(2) of the Dog Control Amendment Act 2004
(2004 No 61).
Section 15(6): repealed, on 28 June 2006, by section 8(2) of the Dog Control Amendment Act 2006
(2006 No 23).
16
Districts in which dog control officer or dog ranger may exercise powers
(1)
Except as provided in subsection (2), a dog control officer or dog ranger may
exercise the powers conferred upon him or her by this Act only within the dis-
trict of the territorial authority by which he or she is appointed.
(2)
Any 2 or more territorial authorities may enter into a written agreement
whereby the services of the dog control officer or officers or dog ranger or
rangers employed by any of those authorities are made available to any other of
those authorities; and in any such case the dog control officer or officers or dog
ranger or rangers shall be entitled to exercise his or her or their powers in the
districts of each such authority as if he or she or they were employed by that
authority.
Compare: 1982 No 42 s 17
17
Powers of warranted officers
(1)
Subject to this section, every warranted officer shall have, in relation to protec-
ted wildlife, the powers and functions conferred on dog control officers by
sec-
tions 57 and 59.
19
Reprinted as at
s 18
Dog Control Act 1996
14 December 2019
(2)
Where under this Act any dog is seized by or given into the custody of a war-
ranted officer, the warranted officer shall as soon as practicable return the dog
to its owner or deliver the dog into the custody of a dog control officer or dog
ranger, and until that time shall ensure that the dog is kept in custody and given
proper care and exercise.
(3)
All reasonable costs incurred in the seizure, custody, sustenance, and transport
of any dog pursuant to this section may be recovered as a debt from the owner
of the dog.
18
Wilful obstruction of dog control officer or dog ranger
Every person commits an offence and is liable on conviction to a fine not
exceeding $3,000 who wilfully obstructs or hinders any dog control officer or
dog ranger in the exercise of his or her powers.
Compare: 1982 No 42 s 18(b)
Section 18: amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Section 18: amended, on 1 December 2003, by
section 8 of the Dog Control Amendment Act 2003
(2003 No 119).
19
Power of constable, dog control officer, or dog ranger to request
information about owner
(1)
A constable, dog control officer, or dog ranger may, for the purposes of this
Act, request the following persons to state his or her full name, date of birth,
address, telephone contact number, and place of work (if applicable):
(a)
any person appearing to be in charge of a dog; or
(b)
any person appearing to be the occupier of any land or premises on
which a dog for the time being is being kept.
(1A) If a person referred to in subsection (1)(a) or (b) claims not to be the owner of
the dog, the person must state the name, address, and place of work of the
owner of the dog (if known).
(2)
Every person commits an offence and is liable on conviction to a fine not
exceeding $3,000 who, without reasonable excuse, fails or refuses to comply
with a lawful request under subsection (1), or wilfully provides false informa-
tion in response to a request to provide the information.
(3)
Any constable, dog control officer, or dog ranger who—
(a)
has reasonable grounds to believe that an offence against subsection (2)
has been committed by any person; and
(b)
has warned that person of the provisions of this subsection; and
(c)
has reasonable grounds to believe that a further offence against subsec-
tion (2) has been committed by that person subsequent to the warning;
and
20
Reprinted as at
14 December 2019
Dog Control Act 1996
s 20
(d)
has reasonable grounds for believing that an offence against any other
section of this Act, or against any bylaw authorised by this Act, has been
committed by the owner of the dog referred to in subsection (1),—
may seize and impound the dog and, in the case of a constable, may arrest that
person without a warrant.
Compare: 1982 No 42 s 18(a)
Section 19 heading: amended, on 1 December 2003, by
section 9(1) of the Dog Control Amendment
Act 2003 (2003 No 119).
Section 19(1): substituted, on 1 December 2003, by
section 9(2) of the Dog Control Amendment Act
2003 (2003 No 119).
Section 19(1A): inserted, on 1 December 2003, by
section 9(2) of the Dog Control Amendment Act
2003 (2003 No 119).
Section 19(2): substituted, on 1 December 2003, by
section 9(2) of the Dog Control Amendment Act
2003 (2003 No 119).
Section 19(2): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
19A Power of constable, dog control officer, or dog ranger to request
information about dog
(1)
A constable, dog control officer, or dog ranger may, for the purposes of this
Act, request the owner of a dog to state the name, gender, and a description of
the dog.
(2)
Every person commits an offence and is liable on conviction to a fine not
exceeding $3,000 who, without reasonable excuse, fails to comply with a law-
ful request under subsection (1), or wilfully provides false information in
response to a request to provide the information.
Section 19A: inserted, on 1 December 2003, by
section 10 of the Dog Control Amendment Act 2003
(2003 No 119).
Section 19A(2): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Bylaws
20
Dog control bylaws
(1)
Any territorial authority may, in accordance with the
Local Government Act
2002, make bylaws for all or any of the following purposes:
(a)
prohibiting dogs, whether under control or not, from specified public
places:
(b)
requiring dogs, other than working dogs, to be controlled on a leash in
specified public places, or in public places in specified areas or parts of
the district:
(c)
regulating and controlling dogs in any other public place:
(d)
designating specified areas as dog exercise areas:
(e)
prescribing minimum standards for the accommodation of dogs:
21
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(f)
limiting the number of dogs that may be kept on any land or premises:
(g)
requiring dogs in its district to be tied up or otherwise confined during a
specified period commencing not earlier than half an hour after sunset,
and ending not later than half an hour before sunrise:
(h)
requiring the owner of any dog that defecates in a public place or on land
or premises other than that occupied by the owner to immediately
remove the faeces:
(i)
requiring any bitch to be confined but adequately exercised while in sea-
son:
(j)
providing for the impounding of dogs, whether or not they are wearing a
collar having the proper label or disc attached, that are found at large in
breach of any bylaw made by the territorial authority under this or any
other Act:
(k)
requiring the owner of any dog (being a dog that, on a number of occa-
sions, has not been kept under control) to cause that dog to be neutered
(whether or not the owner of the dog has been convicted of an offence
against section 53):
(l)
any other purpose that from time to time is, in the opinion of the territor-
ial authority, necessary or desirable to further the control of dogs.
(2)
Nothing in this section shall authorise the making of any bylaw conferring any
power of entry onto any land or premises without the consent of the occupier.
(3)
No bylaw authorised by any of the provisions of paragraphs (a) to (d) of sub-
section (1) shall have effect in respect of any land for the time being included
in—
(a)
a controlled dog area or open dog area under
section 26ZS of the Con-
servation Act 1987; or
(b)
a national park constituted under the
National Parks Act 1980; or
(c)
Te Urewera, as defined by
section 7 of the Te Urewera Act 2014.
(4)
Bylaws authorised by this section shall be made in accordance with the
Local
Government Act 2002 and shall be deemed to have been made under that Act.
(5)
A person who commits a breach of any bylaw authorised by this section com-
mits an offence and is liable on conviction to the penalty prescribed
by section
242(4) of the Local Government Act 2002.
(5A) An injunction preventing a person from committing a breach of any bylaw
authorised by this section may be granted in accordance with
section 162 of the
Local Government Act 2002, which section applies accordingly with all neces-
sary modifications.
(6)
Notwithstanding
section 7, no joint standing or special committee that has had
conferred upon it the functions, duties, and powers of territorial authorities
under this Act shall have the power to make any bylaw; and the territorial
22
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Dog Control Act 1996
s 21
authorities that so conferred their functions, duties, and powers under this Act
shall retain the power to make bylaws in accordance with this section.
Compare: 1982 No 42 s 63
Section 20(1): amended, on 1 July 2003, by
section 262 of the Local Government Act 2002 (2002
No 84).
Section 20(3)(b): amended, on 28 July 2014, by
section 138 of the Te Urewera Act 2014 (2014
No 51).
Section 20(3)(c): inserted, on 28 July 2014, by
section 138 of the Te Urewera Act 2014 (2014
No 51).
Section 20(4): amended, on 1 July 2003, by
section 262 of the Local Government Act 2002 (2002
No 84).
Section 20(5): substituted, on 1 July 2003, by
section 262 of the Local Government Act 2002 (2002
No 84).
Section 20(5): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Section 20(5A): inserted, on 1 July 2003, by
section 262 of the Local Government Act 2002 (2002
No 84).
Probationary owners
21
Classification of probationary owners
(1)
Where any person is convicted of any offence (not being an infringement
offence) against this Act or any offence against
Part 1 or
Part 2 of the Animal
Welfare Act 1999 in respect of a dog or any offence against
section 26ZZP of
the Conservation Act 1987 or
section 56I of the National Parks Act 1980 or
section 85 of the Te Urewera Act 2014, the territorial authority may classify
that person as a probationary owner.
(2)
Where any person commits 3 or more infringement offences (not relating to a
single incident or occasion) within a continuous period of 24 months, the terri-
torial authority may classify that person as a probationary owner.
(3)
For the purposes of subsection (2), a person shall be deemed to have committed
an infringement offence if—
(a)
that person has been ordered to pay a fine and costs under
section 375 of
the Criminal Procedure Act 2011, or is deemed to have been so ordered
under section 21(5) of the Summary Proceedings Act 1957; or
(b)
the infringement fee specified on an infringement notice in respect of
that of
fence and issued to that person under section 66 has been paid.
(4)
Where any person is classified as a probationary owner under subsection (1),
the territorial authority shall as soon as practicable give written notice in the
prescribed form to that person of that decision.
(5)
This section applies only if
section 25(1A) applies.
Section 21(1)
: amended, on 28 July 2014, by section 138 of the Te Urewera Act 2014 (2014 No 51).
Section 21(1): amended, on 1 January 2000, by
section 194 of the Animal Welfare Act 1999 (1999
No 142).
23
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14 December 2019
Section 21(2): amended, on 1 December 2003, by
section 11 of the Dog Control Amendment Act
2003 (2003 No 119).
Section 21(3)(a): replaced, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Section 21(5): added, on 7 July 2004, by
section 4 of the Dog Control Amendment Act 2004 (2004
No 61).
22
Objection to classification as probationary owner
(1)
Every person classified as a probationary owner under section 21—
(a)
may object to the classification by lodging, with the territorial authority,
a written objection to the classification; and
(b)
shall be entitled to be heard in support of the objection.
(2)
An objection under this section may be lodged at any time during the period of
the classification, but no objection shall be lodged within 12 months of the
hearing of any previous objection to the classification.
(3)
In considering any objection under this section, the territorial authority shall
have regard to—
(a)
the circumstances and nature of the offence or offences in respect of
which the classification was made; and
(b)
the competency of the person objecting in terms of responsible dog own-
ership; and
(c)
any steps taken by the owner to prevent further offences including, but
not limited to, the disposal of any dog or dogs or the fencing of the prop-
erty on which the dog is kept; and
(d)
the matters advanced in support of the objection; and
(e)
any other relevant matters.
(4)
In determining any objection, the territorial authority may uphold or terminate
the classification of any person as a probationary owner, and shall give written
notice of its decision and the reasons for it to the objector.
23
Probationary owners
(1)
Classification as a probationary owner shall, unless earlier terminated by the
territorial authority, continue until 24 months after the date of the offence or, as
the case may be, the date of the third infringement offence, in respect of which
the classification was made.
(2)
No person who is for the time being classified as a probationary owner shall be
capable of being the registered owner of any dog unless that person was the
registered owner of that dog on the date of the offence or, as the case may be,
the date of the third infringement offence, in respect of which the classification
was made.
(3)
[Repealed]
24
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Dog Control Act 1996
s 24
(4)
[Repealed]
(5)
[Repealed]
(6)
[Repealed]
(7)
[Repealed]
Section 23(3): repealed, on 1 December 2003, by
section 12 of the Dog Control Amendment Act
2003 (2003 No 119).
Section 23(4): repealed, on 1 December 2003, by
section 12 of the Dog Control Amendment Act
2003 (2003 No 119).
Section 23(5): repealed, on 1 December 2003, by
section 12 of the Dog Control Amendment Act
2003 (2003 No 119).
Section 23(6): repealed, on 1 December 2003, by
section 12 of the Dog Control Amendment Act
2003 (2003 No 119).
Section 23(7): repealed, on 1 December 2003, by
section 12 of the Dog Control Amendment Act
2003 (2003 No 119).
23A Territorial authority may require probationary owner to undertake
training
(1)
If a person is classified as a probationary owner under
section 21, the territorial
authority may require the person to undertake, at his or her own expense, a dog
owner education programme or a dog obedience course (or both) approved by
the territorial authority.
(2)
Every person commits an offence and is liable on conviction to a fine not
exceeding $3,000 who, without reasonable excuse, fails to comply with a
requirement under subsection (1).
Section 23A: inserted, on 1 December 2003, by
section 13 of the Dog Control Amendment Act 2003
(2003 No 119).
Section 23A(1): amended, on 7 July 2004, by
section 5(1) of the Dog Control Amendment Act 2004
(2004 No 61).
Section 23A(2): added, on 7 July 2004, by
section 5(2) of the Dog Control Amendment Act 2004
(2004 No 61).
Section 23A(2): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
24
Obligation of probationary owners to dispose of unregistered dogs
(1)
Where any person is classified as a probationary owner, that person shall,
within 14 days after the date on which the notice of classification is, under
sec-
tion 21(4), given to that person, dispose of every unregistered dog owned by
that person.
(2)
Every dog disposed of under this Act shall be disposed of in a manner that does
not constitute an offence against this or any other Act.
(3)
Where any person lodges, within 14 days after the date on which the notice
under
section 21(4) is given to that person, an objection under
section 22, sub-
section (1) applies in relation to that person as if the period within which that
person is required by that subsection to dispose of every unregistered dog
25
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s 25
Dog Control Act 1996
14 December 2019
owned by that person ends on the 14th day after the date on which the notice
under section 22(4) is given to that person.
(4)
Where any person is given a notice under
section 21(4) at a time at which that
person is keeping an unregistered dog in contravention of
section 42(1),—
(a)
it shall not be an offence against
section 42(1) for that person to keep
that unregistered dog until the expiration of any period allowed by this
section for the disposal by that person of that unregistered dog; and
(b)
nothing in
section 42(2) authorises the seizure and impounding of that
unregistered dog at any time while that dog is still being kept by that
person and any period allowed by this section for the disposal by that
person of that unregistered dog has not expired.
(5)
Every person commits an offence and is liable on conviction to a fine not
exceeding $3,000 who—
(a)
fails to comply with subsection (1); or
(b)
fails, in disposing of a dog under subsection (1), to comply with subsec-
tion (2); or
(c)
at any time while classified as a probationary owner becomes the regis-
tered owner of a dog (unless the person was the registered owner of the
dog on the date of the offence or the date of the third infringement
offence in respect of which the classification was made under
section
21); or
(d)
disposes or gives custody or possession of any dog to any person, know-
ing that the person is disqualified under section 25.
Section 24(5): added, on 7 July 2004, by
section 6 of the Dog Control Amendment Act 2004 (2004
No 61).
Section 24(5): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Disqualification of owners
25
Disqualification of owners
(1)
A territorial authority must disqualify a person from being an owner of a dog
if—
(a)
the person commits 3 or more infringement offences (not relating to a
single incident or occasion) within a continuous period of 24 months; or
(b)
the person is convicted of an offence (not being an infringement offence)
against this Act; or
(c)
the person is convicted of an offence against
Part 1 or
Part 2 of the Ani-
mal Welfare Act 1999,
section 26ZZP of the Conservation Act 1987, or
section 56I of the National Parks Act 1980.
26
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Dog Control Act 1996
s 26
(1A) Subsection (1) does not apply if the territorial authority is satisfied that the cir-
cumstances of the offence or offences are such that—
(a)
disqualification is not warranted; or
(b)
the territorial authority will instead classify the person as a probationary
owner under section 21.
(2)
For the purposes of subsection (1)(a), a person must be treated as having com-
mitted an infringement offence if—
(a)
that person has been ordered to pay a fine and costs under
section 375 of
the Criminal Procedure Act 2011, or is deemed to have been so ordered
under section 21(5) of the Summary Proceedings Act 1957; or
(b)
the infringement fee specified on the infringement notice in respect of
the of
fence issued to the person under section 66 has been paid.
(3)
A disqualification under subsection (1) continues in force for a period specified
by the territorial authority not exceeding 5 years from the date of the third
infringement offence or offences (as the case may be) in respect of which the
person is disqualified.
(4)
If a person is disqualified under subsection (1), the territorial authority must, as
soon as practicable, give written notice in the prescribed form to the person of
that decision.
Section 25: substituted, on 1 December 2003, by
section 14 of the Dog Control Amendment Act
2003 (2003 No 119).
Section 25(1): amended, on 7 July 2004, by
section 7(1) of the Dog Control Amendment Act 2004
(2004 No 61).
Section 25(1A): inserted, on 7 July 2004, by
section 7(2) of the Dog Control Amendment Act 2004
(2004 No 61).
Section 25(2)(a): replaced, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
26
Objection to disqualification
(1)
Every person disqualified under section 25—
(a)
may object to the disqualification by lodging with the territorial author-
ity a written objection to the disqualification; and
(b)
shall be entitled to be heard in support of the objection.
(2)
An objection under this section may be lodged at any time but no objection
shall be lodged within 12 months of the hearing of any previous objection to
the disqualification.
(3)
In considering any objection under this section, the territorial authority shall
have regard to—
(a)
the circumstances and nature of the offence or offences in respect of
which the person was disqualified; and
27
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Dog Control Act 1996
14 December 2019
(b)
the competency of the person objecting in terms of responsible dog own-
ership; and
(c)
any steps taken by the owner to prevent further offences; and
(d)
the matters advanced in support of the objection; and
(e)
any other relevant matters.
(4)
In determining any objection, the territorial authority may uphold, bring for-
ward the date of termination, or immediately terminate the disqualification of
any person and shall give written notice of its decision, the reasons for it, and
the right of appeal under section 27 to the objector.
27
Appeal to District Court
(1)
Any person who has lodged an objection under
section 26 and is dissatisfied
with the decision of the territorial authority may, within 14 days of the date on
which notice of that decision is, under section 26(4), given to that person,
appeal to the District Court against that decision.
(2)
The District Court, in hearing the appeal, shall consider the matters specified in
section 26(3) and any submission by the territorial authority in support of its
decision, and may uphold the determination, bring forward the date of termin-
ation, or immediately terminate the disqualification.
Section 27(1): amended, on 1 March 2017, by
section 261 of the District Court Act 2016 (2016
No 49).
28
Effect of disqualification
(1)
Subject to this section, if a person is disqualified from owning a dog under
sec-
tion 25 the person must,—
(a)
within 14 days of the date on which notice of the decision is given to the
person, dispose of every dog owned by the person; and
(b)
not subsequently be in possession of a dog at any time, except for the
purpose of—
(i)
preventing a dog from causing injury, damage, or distress; or
(ii)
returning, within 72 hours, a lost dog to the territorial authority for
the purpose of restoring the dog to its owner.
(2)
Every dog disposed of under subsection (1)(a)—
(a)
shall be disposed of in a manner that does not constitute an offence
against this or any other Act; and
(b)
shall not be disposed of to any person who resides at the same address as
the person disqualified.
(3)
Where any person has, within 14 days after the date on which the notice of dis-
qualification under
section 25(4) is given to that person, lodged an objection
under
section 26, subsection (1) of this section shall apply in relation to that
28
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Reprinted as at
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Dog Control Act 1996
s 28
person as if the reference in that subsection to section 25(4) were a reference to
section 26(4).
(4)
Where any person has, within 14 days after the date on which the notice under
section 26(4) is given to that person in respect of an objection to which subsec-
tion (3) of this section refers, lodged an appeal under
section 27, subsection (1)
of this section shall apply in relation to that person as if the reference in that
subsection to the date on which the notice
under section 25(4) was given to that
person were a reference to the date of the decision of the District Court on that
appeal.
(5)
Every person commits an offence and is liable on conviction to a fine not
exceeding $3,000 who—
(a)
fails to comply with subsection (1); or
(b)
fails, in disposing of a dog under subsection (1), to comply with subsec-
tion (2); or
(c)
at any time while disqualified under
section 25, becomes the owner of
any dog in terms of this Act; or
(d)
disposes or gives custody or possession of any dog to any person, know-
ing that person to be disqualified under section 25.
(6)
Where any person is convicted of an offence against paragraph (a) or paragraph
(c) of subsection (5), the territorial authority may extend the period of disquali-
fication of that person until a date not later than 5 years after the date on which
the offence occurred.
(7)
Where any person fails to comply with subsection (1), any dog control officer
may seize any dog owned by that person and, for that purpose, may, at any
reasonable time, with all persons he or she calls to his or her assistance, enter
onto the land or premises, including any dwellinghouse, of the owner of the
dog.
Section 28(1): substituted, on 1 December 2003, by
section 15(1) of the Dog Control Amendment
Act 2003 (2003 No 119).
Section 28(2): amended, on 1 December 2003, by
section 15(2) of the Dog Control Amendment Act
2003 (2003 No 119).
Section 28(3): amended, on 1 December 2003, by
section 15(3) of the Dog Control Amendment Act
2003 (2003 No 119).
Section 28(4): amended, on 1 March 2017, by
section 261 of the District Court Act 2016 (2016
No 49).
Section 28(4): amended, on 1 December 2003, by
section 15(4) of the Dog Control Amendment Act
2003 (2003 No 119).
Section 28(5): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Section 28(5): amended, on 1 December 2003, by
section 15(5) of the Dog Control Amendment Act
2003 (2003 No 119).
29
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Dog Control Act 1996
14 December 2019
29
Probationary classification and disqualification to extend over New
Zealand
Every classification as a probationary owner and every disqualification under
this Act shall be in force throughout New Zealand.
30
Maintenance of records and provision of information
(1)
For the purposes of this section and of
sections 21 to
29, and only for those
purposes, every territorial authority shall—
(a)
maintain a record of every order made
under section 375 of the Criminal
Procedure Act 2011, and of every order deemed to have been made
under
section 21(5) of the Summary Proceedings Act 1957, in respect of
an infringement offence committed within the previous 30 months in
respect of which—
(i)
a charging document was filed in the name of the territorial
authority pursuant to
section 65(2)(a); or
(ii)
an infringement notice was issued by the territorial authority; and
(b)
maintain a record of every infringement notice issued by the territorial
authority under this Act in respect of an offence committed within the
previous 30 months (whether or not the infringement fee has been paid);
and
(c)
maintain a full record of,—
(i)
every decision of that territorial authority to classify a person as a
probationary owner under subsection (1) or subsection (2) of
sec-
tion 21; and
(ii)
every decision of that territorial authority to uphold such classifi-
cation under section 22(4);—
for so long as that classification remains in force; and
(d)
maintain a full record of,—
(i)
every decision of that territorial authority to disqualify any person
under section 25(1); and
(ii)
every decision of that territorial authority to uphold disqualifica-
tion under section 26(4); and
(iii)
every decision of that territorial authority to extend,
under section
28(6), a period of disqualification;—
for so long as that disqualification remains in force.
(2)
Subject to subsection (6), every territorial authority—
(a)
shall, where any officer of any other territorial authority so requests for
the purposes of this Act, inform that officer whether any person named
in that request,—
30
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Dog Control Act 1996
s 30
(i)
is shown, by any record kept by that territorial authority pursuant
to paragraph (a) or paragraph (b) of subsection (1) to have com-
mitted, within the meaning of
section 21(3) or
section 25(2), any
infringement offence and, if so, the date and nature of that
offence; or
(ii)
is for the time being classified as a probationary owner under
sec-
tion 21 by virtue of a decision of that territorial authority and, if
so, the date on which that classification will terminate; or
(iii)
is for the time being disqualified under
section 25 by virtue of a
decision of the territorial authority and, if so, the date on which
that disqualification will terminate:
(b)
shall, where any person classified as a probationary owner by that terri-
torial authority has objected to another territorial authority against that
classification, forward to the other territorial authority such information
held in the records kept under subsection (1)(c) as is necessary for the
purposes of section 22(3)(a):
(c)
shall, where any person disqualified by that territorial authority has
objected to another territorial authority against that disqualification, for-
ward to the other territorial authority such information held in the
records kept under subsection (1)(d) as is necessary for the purpose of
section 26(3)(a).
(3)
Subsection (1) shall apply to all information received by a territorial authority
pursuant to subsection (2)(a) as if that territorial authority had taken the actions
referred to in that subsection.
(4)
At the expiration of any period during which any territorial authority is
required by this section to maintain any records and information, those records
and that information shall be destroyed by the territorial authority.
(5)
A territorial authority may comply with this section by entering the required
information directly into the national dog control information database referred
to in section 35A.
(6)
A territorial authority that complies with subsection (5) is not required to
answer any request made under subsection (2). Instead the request must be
treated as if it were a request made to the territorial authority referred to in
sec-
tion 35A(2).
Section 30(1)(a): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Section 30(1)(a)(i): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011
(2011 No 81).
Section 30(1)(b): amended, on 28 June 2006, by section 9 of the Dog Control Amendment Act 2006
(2006 No 23).
Section 30(1)(d)(i): amended, on 1 December 2003, by
section 16(1) of the Dog Control Amendment
Act 2003 (2003 No 119).
31
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Dog Control Act 1996
14 December 2019
Section 30(2): amended, on 7 July 2004, by
section 8(1) of the Dog Control Amendment Act 2004
(2004 No 61).
Section 30(2)(a)(i): amended, on 1 December 2003, by
section 16(2) of the Dog Control Amendment
Act 2003 (2003 No 119).
Section 30(5): substituted, on 7 July 2004, by
section 8(2) of the Dog Control Amendment Act 2004
(2004 No 61).
Section 30(6): added, on 7 July 2004, by
section 8(2) of the Dog Control Amendment Act 2004
(2004 No 61).
30AA Territorial authority may retain information about infringement notice
until infringement fee paid
(1)
A territorial authority may retain any record in relation to an infringement
notice issued by it until the infringement fee (or, as the case may be, the fine)
has been paid in full.
(2)
Subsection (1) applies despite anything to the contrary in this Act.
Section 30AA: inserted, on 28 June 2006, by section 10 of the Dog Control Amendment Act 2006
(2006 No 23).
Prohibition on import of certain dogs
Heading: inserted, on 1 December 2003, by
section 17 of the Dog Control Amendment Act 2003
(2003 No 119).
30A Prohibition on import of dogs listed in Schedule 4
(1)
No person may import into New Zealand any dog that belongs wholly or pre-
dominantly to 1 or more breed or type of dog listed in
Schedule 4.
(2)
No person may import a dog into New Zealand unless the dog is accompanied
by—
(a)
evidence of registration in New Zealand; or
(b)
an exempting statutory declaration.
(3)
The exempting statutory declaration required by subsection (2)(b) must also be
accompanied by a veterinarian’s certificate in relation to the dog that—
(a)
is issued—
(i)
in the country from which the dog is imported or is to be impor-
ted; and
(ii)
by a veterinarian registered in that country; and
(iii)
before the arrival of the dog in New Zealand; and
(b)
is to the effect that to the best of the veterinarian’s knowledge and belief,
the dog is not a dog listed in Schedule 4.
(4)
Every person who contravenes subsection (1) commits an offence and is liable
on conviction to a fine not exceeding $3,000.
(5)
Subsection (1) does not apply in respect of—
(a)
any dog—
32
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Dog Control Act 1996
s 31
(i)
performing the same function as a disability assist dog (if the dog
has been certified as being trained to perform that function by a
recognised organisation in the country where the person who the
dog assists usually resides); and
(ii)
accompanying and assisting that person or accompanying a person
genuinely engaged in the dog’s training; or
(b)
any dog—
(i)
that is kept, used, or certified for use by a specified agency; and
(ii)
is being used for the purpose of carrying out in a lawful manner
any function, duty, or power of that agency.
(6)
In this section,—
dog includes the embryo, ova, or semen of a dog that belongs wholly or pre-
dominantly to 1 or more breed or type of dog listed in
Schedule 4
exempting statutory declaration, in relation to any dog, means a statutory
declaration—
(a)
that is made in New Zealand by or on behalf of the importer of the dog;
and
(b)
that is to the effect that, to the best of the knowledge and belief of the
importer of the dog or of the importer’s agent, the dog does not belong
wholly or predominantly to 1 or more breed or type of dog listed in
Schedule 4.
Section 30A: inserted, on 1 December 2003, by
section 17 of the Dog Control Amendment Act 2003
(2003 No 119).
Section 30A(4): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Section 30A(5)(a): substituted, on 28 June 2006, by section 11 of the Dog Control Amendment Act
2006 (2006 No 23).
Dangerous dogs
31
Territorial authority to classify dangerous dogs
(1)
A territorial authority must classify a dog as a dangerous dog if—
(a)
the owner of the dog has been convicted of an offence in relation to the
dog under section 57A(2); or
(b)
the territorial authority has, on the basis of sworn evidence attesting to
aggressive behaviour by the dog on 1 or more occasions, reasonable
grounds to believe that the dog constitutes a threat to the safety of any
person, stock, poultry, domestic animal, or protected wildlife; or
(c)
the owner of the dog admits in writing that the dog constitutes a threat to
the safety of any person, stock, poultry, domestic animal, or protected
wildlife.
33
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Reprinted as at
s 32
Dog Control Act 1996
14 December 2019
(2)
Where any dog is classified as a dangerous dog under subsection (1), the terri-
torial authority shall immediately give notice in the prescribed form of that
classification to the owner.
(3)
Where any dog is classified as a dangerous dog under subsection (1)(b), the
owner may, within 14 days of the receipt of notice of that classification under
subsection (2), object to the classification in writing to the territorial authority,
and shall be entitled to be heard in support of his or her objection.
(4)
In considering any objection under this section, the territorial authority shall
have regard to—
(a)
the evidence which formed the basis for the original classification; and
(b)
any steps taken by the owner to prevent any threat to the safety of per-
sons and animals; and
(c)
the matters advanced in support of the objection; and
(d)
any other relevant matters—
and may uphold or rescind the classification.
(5)
The territorial authority shall give notice of its decision on any objection, and
the reasons for its decision, to the owner as soon as practicable.
Section 31(1): substituted, on 7 July 2010, by
section 4 of the Dog Control Amendment Act 2010
(2010 No 62).
32
Effect of classification as dangerous dog
(1)
If a dog is classified as a dangerous dog under
section 31, the owner of the
dog—
(a)
must ensure that, from a date not later than 1 month after the receipt of
notice of classification, the dog is kept within a securely fenced portion
of the owner’s property that it is not necessary to enter to obtain access
to at least 1 door of any dwelling on the property; and
(b)
must not allow the dog to be at large or in any public place or in any
private way, except when confined completely within a vehicle or cage,
without being—
(i)
muzzled in such a manner as to prevent the dog from biting but to
allow it to breathe and drink without obstruction; and
(ii)
controlled on a leash (except when in a dog exercise area specified
in a bylaw made under
section 20(1)(d)); and
(c)
must produce to the territorial authority, within 1 month after the receipt
of notice of classification, a certificate issued by a veterinarian and certi-
fying—
(i)
that the dog is or has been neutered; or
34
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Dog Control Act 1996
s 32
(ii)
that for reasons that are specified in the certificate, the dog will
not be in a fit condition to be neutered before a date specified in
the certificate; and
(d)
must, if a certificate under paragraph (c)(ii) is produced to the territorial
authority, produce to the territorial authority, within 1 month after the
date specified in that certificate, a further certificate under paragraph
(c)(i); and
(e)
must, in respect of every registration year commencing after the date of
receipt of the notice of classification, be liable for dog control fees for
that dog at 150% of the level that would apply if the dog were not classi-
fied as a dangerous dog; and
(f)
must not, without the written consent of the territorial authority in whose
district the dog is to be kept, dispose of the dog to any other person.
(2)
Every person who fails to comply with subsection (1) commits an offence and
is liable on conviction to a fine not exceeding $3,000.
(3)
If a court convicts a person of an offence against subsection (2), the court must
also make an order for the destruction of the dog unless satisfied that the cir-
cumstances of the offence were exceptional and do not warrant destruction of
the dog.
(4)
Every person who sells or otherwise transfers, or offers to sell or transfer, to
any other person any dog known by that person to be classified as a dangerous
dog without disclosing the fact of that classification to that other person com-
mits an offence and is liable on conviction to a fine not exceeding $3,000.
(5)
If a person fails to comply with subsection (1), a dog control officer or dog
ranger may—
(a)
seize and remove the dog from the person’s possession; and
(b)
retain custody of the dog until the territorial authority has reasonable
grounds to believe that the person has demonstrated a willingness to
comply with subsection (1).
(6)
Section 70 applies to a dog removed under subsection (5) as if it were removed
under
section 56; and accordingly section 70 applies with all necessary modifi-
cations.
Section 32: substituted, on 1 December 2003, by
section 19 of the Dog Control Amendment Act
2003 (2003 No 119).
Section 32(1)(c): amended, on 28 June 2006, by section 29(3) of the Dog Control Amendment Act
2006 (2006 No 23).
Section 32(1)(d): amended, on 7 July 2004, by
section 9(1) of the Dog Control Amendment Act 2004
(2004 No 61).
Section 32(1)(e): amended, on 7 July 2004, by
section 9(2) of the Dog Control Amendment Act 2004
(2004 No 61).
Section 32(2): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
35
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Reprinted as at
s 32A
Dog Control Act 1996
14 December 2019
Section 32(4): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
32A Dangerous dog classification to extend over New Zealand
(1)
Every classification as a dangerous dog under
section 31 is in force throughout
New Zealand.
(2)
This section is for the avoidance of doubt.
Section 32A: inserted, on 28 June 2006, by section 12 of the Dog Control Amendment Act 2006
(2006 No 23).
33
Territorial authority’s consent to disposal of dangerous dog
No territorial authority shall give its consent under
section 32(1)(f) to the dis-
posal to any person of a dog that is classified as a dangerous dog unless the
territorial authority is satisfied that the purchaser or transferee—
(a)
is not a person classified under section 21 as a probationary owner; and
(b)
is not a person who is disqualified under section 25(1)(b) and (c); and
(c)
is aware that the dog is classified as a dangerous dog; and
(d)
is aware of the obligations imposed by
section 32 on the owner of a dog
that is classified as a dangerous dog.
Section 33(b): amended, on 1 December 2003, by
section 20 of the Dog Control Amendment Act
2003 (2003 No 119).
Menacing dogs
Heading: inserted, on 1 December 2003, by
section 21 of the Dog Control Amendment Act 2003
(2003 No 119).
33A Territorial authority may classify dog as menacing
(1)
This section applies to a dog that—
(a)
has not been classified as a dangerous dog under
section 31; but
(b)
a territorial authority considers may pose a threat to any person, stock,
poultry, domestic animal, or protected wildlife because of—
(i)
any observed or reported behaviour of the dog; or
(ii)
any characteristics typically associated with the dog’s breed or
type.
(2)
A territorial authority may, for the purposes
of section 33E(1)(a), classify a dog
to which this section applies as a menacing dog.
(3)
If a dog is classified as a menacing dog under subsection (2), the territorial
authority must immediately give written notice in the prescribed form to the
owner of—
(a)
the classification; and
(b)
the provisions of
section 33E (which relates to the effect of classification
as a menacing dog); and
36
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Dog Control Act 1996
s 33C
(c)
the right to object to the classification under
section 33B; and
(d)
if the territorial authority’s policy is not to require the neutering of men-
acing dogs (or would not require the neutering of the dog concerned),
the effect of
sections 33EA and
33EB if the owner does not object to the
classification and the dog is moved to the district of another territorial
authority.
Section 33A: inserted, on 1 December 2003, by
section 21 of the Dog Control Amendment Act 2003
(2003 No 119).
Section 33A(3): amended, on 1 November 2004, by
section 10 of the Dog Control Amendment Act
2004 (2004 No 61).
Section 33A(3)(c): amended, on 28 June 2006, by section 13 of the Dog Control Amendment Act
2006 (2006 No 23).
Section 33A(3)(d): added, on 28 June 2006, by section 13 of the Dog Control Amendment Act 2006
(2006 No 23).
33B Objection to classification of dog under section 33A
(1)
If a dog is classified under
section 33A as a menacing dog, the owner—
(a)
may, within 14 days of receiving notice of the classification, object in
writing to the territorial authority in regard to the classification; and
(b)
has the right to be heard in support of the objection.
(2)
The territorial authority considering an objection under subsection (1) may
uphold or rescind the classification, and in making its determination must have
regard to—
(a)
the evidence which formed the basis for the classification; and
(b)
any steps taken by the owner to prevent any threat to the safety of per-
sons or animals; and
(c)
the matters relied on in support of the objection; and
(d)
any other relevant matters.
(3)
The territorial authority must, as soon as practicable, give written notice to the
owner of—
(a)
its determination of the objection; and
(b)
the reasons for its determination.
Section 33B: inserted, on 1 December 2003,
by section 21 of the Dog Control Amendment Act 2003
(2003 No 119).
33C Dogs belonging to breed or type listed in Schedule 4 to be classified as
menacing
(1)
A territorial authority must, for the purposes of
section 33E(1)(a), classify as
menacing any dog that the territorial authority has reasonable grounds to
believe belongs wholly or predominantly to 1 or more breeds or types listed in
Schedule 4.
37
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Reprinted as at
s 33D
Dog Control Act 1996
14 December 2019
(2)
If a dog is classified as menacing under subsection (1), the territorial authority
must immediately give written notice in the prescribed form to the owner of—
(a)
the classification; and
(b)
the provisions of
section 33E (which relates to the effect of classification
as a menacing dog); and
(c)
the right to object to the classification under
section 33D.
Section 33C: inserted, on 1 December 2003,
by section 21 of the Dog Control Amendment Act 2003
(2003 No 119).
Section 33C(2): amended, on 1 November 2004, by
section 11 of the Dog Control Amendment Act
2004 (2004 No 61).
33D Objection to classification of dog under section 33C
(1)
If a dog is classified as a menacing dog under
section 33C, the owner—
(a)
may, within 14 days of receiving notice of the classification, object in
writing to the territorial authority in regard to the classification; and
(b)
has the right to be heard in support of the objection.
(2)
If an owner objects to the classification, he or she must provide evidence that
the dog is not of a breed or type listed in
Schedule 4.
(3)
The territorial authority considering an objection under subsection (1) may
uphold or rescind the classification, and in making its determination must have
regard to—
(a)
the evidence which formed the basis for the classification; and
(b)
the matters relied on in support of the objection; and
(c)
any other relevant matters.
(4)
The territorial authority must, as soon as practicable, give written notice to the
owner of—
(a)
its determination of the objection; and
(b)
the reasons for its determination.
Section 33D: inserted, on 1 December 2003, by
section 21 of the Dog Control Amendment Act 2003
(2003 No 119).
33E Effect of classification as menacing dog
(1)
If a dog is classified as a menacing dog under
section 33A or
section 33C, the
owner of the dog—
(a)
must not allow the dog to be at large or in any public place or in any
private way, except when confined completely within a vehicle or cage,
without being muzzled in such a manner as to prevent the dog from bit-
ing but to allow it to breathe and drink without obstruction; and
(b)
must, if required by the territorial authority, within 1 month after receipt
of notice of the classification, produce to the territorial authority a certif-
icate issued by a veterinarian certifying—
38
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Dog Control Act 1996
s 33EB
(i)
that the dog is or has been neutered; or
(ii)
that for reasons that are specified in the certificate, the dog will
not be in a fit condition to be neutered before a date specified in
the certificate; and
(c)
must, if a certificate under paragraph (b)(ii) is produced to the territorial
authority, produce to the territorial authority, within 1 month after the
date specified in that certificate, a further certificate under paragraph
(b)(i).
(2)
[Repealed]
(3)
[Repealed]
(4)
[Repealed]
(5)
Subsection (1)(a) does not apply in respect of any dog or class of dog that the
territorial authority considers need not be muzzled in any specified circum-
stances (for example, at a dog show).
Section 33E: inserted, on 1 December 2003, by
section 21 of the Dog Control Amendment Act 2003
(2003 No 119).
Section 33E(1)(b): amended, on 28 June 2006, by section 29(4) of the Dog Control Amendment Act
2006 (2006 No 23).
Section 33E(2): repealed, on 28 June 2006, by section 29(5) of the Dog Control Amendment Act
2006 (2006 No 23).
Section 33E(3): repealed, on 28 June 2006, by section 29(5) of the Dog Control Amendment Act
2006 (2006 No 23).
Section 33E(4): repealed, on 28 June 2006, by section 29(5) of the Dog Control Amendment Act
2006 (2006 No 23).
Section 33E(5): amended, on 7 July 2004, by
section 12 of the Dog Control Amendment Act 2004
(2004 No 61).
33EA Menacing dog classification to extend over New Zealand
(1)
Every classification as a menacing dog under
section 33A or
33C is in force
throughout New Zealand.
(2)
This section is for the avoidance of doubt.
Section 33EA: inserted, on 28 June 2006, by section 14 of the Dog Control Amendment Act 2006
(2006 No 23).
33EB Territorial authority (other than classifying authority) may require
neutering of menacing dog
(1)
This section applies if—
(a)
a dog is classified by a territorial authority as a menacing dog under
sec-
tion 33A or 33C; and
(b)
the territorial authority does not require it to be neutered under
section
33E(1)(b); and
(c)
the dog is later registered with any other territorial authority.
39
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Reprinted as at
s 33EC
Dog Control Act 1996
14 December 2019
(2)
No later than 1 month after the dog is registered with the other territorial
authority, that territorial authority may require, by written notice, the owner of
the dog to produce to the territorial authority a certificate issued by a veterinar-
ian certifying—
(a)
that the dog has been neutered; or
(b)
that for reasons that are specified in the certificate, it will not be in a fit
condition to be neutered before a date specified in the certificate.
(3)
The owner must produce the certificate to the territorial authority no later than
1 month after receiving the notice.
(4)
If a certificate under subsection (2)(b) is produced to the territorial authority,
the owner of the dog must produce to the territorial authority, no later than 1
month after the date specified in that certificate, a further certificate under sub-
section (2).
Section 33EB: inserted, on 28 June 2006, by section 14 of the Dog Control Amendment Act 2006
(2006 No 23).
33EC Offence to fail to comply with section 33E(1) or 33EB
(1)
Every person who fails to comply with
section 33E(1) or
33EB commits an
offence and is liable on conviction to a fine not exceeding $3,000.
(2)
If a person fails to comply with
section 33E(1) or
33EB, a dog control officer
or dog ranger may—
(a)
seize and remove the dog concerned from the person’s possession; and
(b)
retain custody of the dog until—
(i)
the dog control officer or dog ranger is satisfied that the person
has demonstrated a willingness to comply with
section 33E(1) or
33EB (as the case may be); or
(ii)
the dog is disposed of under section 71A.
Section 33EC: inserted, on 28 June 2006, by section 14 of the Dog Control Amendment Act 2006
(2006 No 23).
Section 33EC(1): amended, on 1 July 2013
, by section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Dangerous and menacing dogs
Heading: inserted, on 28 June 2006, by section 14 of the Dog Control Amendment Act 2006 (2006
No 23).
33ED Territorial authority to classify certain dogs as dangerous or menacing
(1)
A territorial authority must classify a dog as a dangerous dog under
section 31
or a menacing dog under section 33A if—
(a)
the owner of the dog has been convicted of an offence against
section
57(2) or 57A(2)(a); and
(b)
no destruction order for the dog has been made by the court concerned.
40
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Dog Control Act 1996
s 34
(2)
Subsection (1) applies unless the territorial authority is satisfied that the cir-
cumstances of the attack, rush, or startle by the dog (being the circumstances
relating to the offence for which the owner was convicted)—
(a)
were exceptional; and
(b)
do not, in the territorial authority’s opinion, justify classifying the dog as
dangerous or menacing.
Section 33ED: inserted, on 28 June 2006, by section 14 of the Dog Control Amendment Act 2006
(2006 No 23).
33F Owner must advise person with possession of dangerous or menacing dog
of requirement to muzzle and leash dog in public
(1)
This section applies to an owner whose dog has been classified as—
(a)
dangerous under section 31; or
(b)
menacing under
section 33A or section 33C.
(2)
If the dog is in the possession of another person for a period not exceeding 72
hours, the owner must advise the person of the requirement to comply with
sec-
tion 32(1)(b) or
section 33E(1)(a), as the case may be (which relate to the
requirement to muzzle and leash the dog in public).
(3)
Every person who fails to comply with subsection (2) commits an offence and
is liable on conviction to a fine not exceeding $500.
Section 33F: inserted, on 1 December 2003, by
section 21 of the Dog Control Amendment Act 2003
(2003 No 119).
Section 33F(3): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Registration and registration fees
34
Dogs register
(1)
Every territorial authority shall keep a register of all dogs registered with it
under this Act.
(2)
The register shall contain the following information in respect of each dog:
(a)
the full name, date of birth, and address of the owner of the dog:
(b)
the address at which the dog is ordinarily kept:
(c)
a description of the dog, which may include the breed, colour, and any
distinguishing marks:
(d)
the age of the dog:
(da) whether the dog is a working dog within the meaning of paragraph
(b)(ii) of the definition of working dog in section 2:
(e)
whether the dog is classified as a dangerous dog under
section 31:
41
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Reprinted as at
s 34
Dog Control Act 1996
14 December 2019
(ea) whether the dog is classified as a menacing dog under
section 33A or
section 33C and the relevant provision under which the classification is
made:
(f)
the sex of the dog, including whether the dog is neutered or not:
(g)
a description of any tattoo, or the unique identifier of any microchip
transponder, that provides permanent identification of the dog:
(h)
the registration number of the collar, label, or disc issued for that dog:
(i)
such other relevant information as the territorial authority considers
necessary for the purposes of this Act.
(2A) A territorial authority may include in the register any information referred to in
subsection (2) in relation to any dog—
(a)
that has previously been, but is not currently, registered with it; or
(b)
that is known or believed to be kept in its district.
(3)
The territorial authority shall provide a sufficient number of places in its dis-
trict, and, if necessary outside its district, at which dogs may be registered.
(4)
There must be kept at every place of registration—
(a)
a supply of labels or discs numbered consecutively and marked with the
name of the district and the year for which they are issued; and
(b)
a supply of specially marked collars, labels, or discs identifying dogs
exempt from microchip implantation under
section 36(1A).
(5)
There shall also be kept for sale at every place of registration a supply of dog
collars.
(6)
A territorial authority may comply with this section by entering the required
information directly into the national dog control information database referred
to in section 35A.
Compare: 1982 No 42 s 35(1)–(3), (6), (7)
Section 34(2)(a): amended, on 28 June 2006, by section 15(1) of the Dog Control Amendment Act
2006 (2006 No 23).
Section 34(2)(da): inserted, on 28 June 2006, by section 15(2) of the Dog Control Amendment Act
2006 (2006 No 23).
Section 34(2)(ea): inserted, on 1 December 2003, by
section 22(1) of the Dog Control Amendment
Act 2003 (2003 No 119).
Section 34(2)(g): substituted, on 1 December 2003, by
section 22(2) of the Dog Control Amendment
Act 2003 (2003 No 119).
Section 34(2A): inserted, on 28 June 2006, by section 15(3) of the Dog Control Amendment Act
2006 (2006 No 23).
Section 34(4): substituted, on 28 June 2006, by section 15(4) of the Dog Control Amendment Act
2006 (2006 No 23).
Section 34(6): substituted, on 7 July 2004, by
section 13 of the Dog Control Amendment Act 2004
(2004 No 61).
42
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Reprinted as at
14 December 2019
Dog Control Act 1996
s 35
35
Supply of register information
(1)
The territorial authority shall not disclose, otherwise than in accordance with
this section, information which is recorded in the register established under
section 34 or in any application for registration under section 36 and which—
(a)
identifies, or will assist any person to identify, the name and address of
the registered owner of any specified dog; or
(b)
identifies, or will assist any person to identify, the address at which any
specified dog is ordinarily kept.
(2)
Subject to subsection (6), if—
(a)
any constable; or
(b)
any officer of the Department of Conservation; or
(c)
any territorial authority; or
(d)
any society established for the prevention of cruelty to animals or for
animal welfare purposes; or
(e)
any inspector under the
Animal Welfare Act 1999; or
(f)
any veterinarian; or
(g)
any inspector under the
Biosecurity Act 1993,—
requests, for any lawful purpose, the name and address of the registered owner
of any specified dog or the names and addresses of the registered owners of
dogs of any specified description or any other information recorded in the
register in respect of that dog or dogs of that description, the territorial author-
ity shall comply with the request.
(3)
Any person may apply to the territorial authority, in the prescribed form, for the
name and address of the registered owner of any specified dog.
(4)
Where any person applies under subsection (3), and the territorial authority is
satisfied of that person’s identity and that the information is required for a pur-
pose specified in any of the provisions of paragraphs (a) to (e) of subsection (5)
or referred to in paragraph (f) of that subsection, the territorial authority shall
provide that information.
(5)
For the purposes of subsection (4), the purposes for which any person shall be
entitled to be informed of the name and address of the registered owner of any
specified dog shall be,—
(a)
in relation to any charge concerning an offence or alleged offence
against the
Animal Welfare Act 1999 or this Act or any regulations or
bylaws made under this Act:
(b)
in relation to any request or claim for costs or compensation in respect of
damage to property done or caused, or alleged to have been done or
caused, by the dog:
43
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Reprinted as at
s 35A
Dog Control Act 1996
14 December 2019
(c)
in order to return the dog to its owner under
section 52(4) or
section
59(2) or
section 60(2) where, in the opinion of the territorial authority, it
is not desirable or not practicable for the dog to be delivered into the
custody of a dog control officer or dog ranger:
(d)
in order to advise the owner of the destruction of the dog under
section
59 or section 60:
(e)
in order to make a complaint under
section 61(1):
(f)
any other purpose specified in relation to the dogs register—
(i)
in a code of practice issued, in relation to that register, under
sec-
tion 63 of the Privacy Act 1993; or
(ii)
in regulations made under
section 78.
(6)
A territorial authority that complies with
section 34(6) is not required to answer
any request made under subsection (2)(c). Instead the request must be treated
as a request made to the territorial authority referred to in
section 35A(2).
Section 35(2): amended, on 7 July 2004, by
section 14(1) of the Dog Control Amendment Act 2004
(2004 No 61).
Section 35(2)(a): amended, on 1 October 2008, pursuant to
section 116(a)(ii) of the Policing Act
2008 (2008 No 72).
Section 35(2)(e): amended, on 1 January 2000, by
section 194 of the Animal Welfare Act 1999 (1999
No 142).
Section 35(2)(f): amended, on 28 June 2006, by section 29(6) of the Dog Control Amendment Act
2006 (2006 No 23).
Section 35(5)(a): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Section 35(5)(a): amended, on 1 January 2000, pursuant to
section 198 of the Animal Welfare Act
1999 (1999 No 142).
Section 35(6): added, on 7 July 2004, by
section 14(2) of the Dog Control Amendment Act 2004
(2004 No 61).
35A National dog control information database
(1)
For the purposes of compiling and maintaining a national dog control informa-
tion database, a territorial authority must provide to a person or organisation
nominated by the Secretary for Local Government, in electronic form, the
information that the territorial authority is required to keep under
sections
30(1) and
34(2)(a) to (h) (which relates to offences, infringement notices, pro-
bationary and disqualified dog owners, and dog registration).
(2)
For the purpose of
sections 30(2) and 35(2)(c),—
(a)
the person or organisation responsible for the database must be treated as
if the person or organisation were a territorial authority; and
(b)
the information that the person or organisation holds under subsection
(1) must be treated as if it were information that was collected for the
purposes of sections 30 and 35; and
44
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Reprinted as at
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Dog Control Act 1996
s 35B
(c)
the person or organisation must be treated as if the person or organisa-
tion were permitted to disclose the information it holds only—
(i)
to any other territorial authority; and
(ii)
by either—
(A)
disclosing the information to the territorial authority in
accordance with sections 30(2) and 35(2)(c); or
(B)
allowing the territorial authority to access the information
directly from the person’s or organisation’s database.
(3)
Despite subsection (2), the person or organisation may supply the information
that it holds to the Secretary for Local Government for the purposes of evaluat-
ing dog control policy in New Zealand, as long as the information does not
allow the identification of individual records of dog owners or dogs.
Section 35A: inserted, on 7 July 2004, by
section 15 of the Dog Control Amendment Act 2004 (2004
No 61).
35AB National dog control information database may contain additional
information supplied by territorial authority
(1)
The person or organisation responsible for the national dog control information
database under
section 35A may include in the database any information that a
territorial authority—
(a)
holds under section 34(2)(i); and
(b)
chooses to provide to the person or organisation.
(2)
Without limiting the information that the person or organisation responsible for
the database may include in the database under subsection (1), the person or
organisation may include any information a territorial authority provides that
relates to any of the following:
(a)
any dog identifier used by the territorial authority:
(b)
the year a dog is born:
(c)
the year a dog dies:
(d)
contact details of a dog owner.
(3)
Any information provided under this section to the person or organisation
responsible for the database is subject to the same limits on disclosure by the
person or organisation as the information provided to the person or organisa-
tion under section 35A.
Section 35AB: inserted, on 7 July 2004, by
section 15 of the Dog Control Amendment Act 2004
(2004 No 61).
35B Levy to fund costs of national dog control information database
(1)
The Governor-General may, by Order in Council made on the recommendation
of the Minister, impose a levy on territorial authorities in each financial year to
fund the costs of maintaining the national dog control information database.
45
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s 36
Dog Control Act 1996
14 December 2019
(2)
Subsection (1) does not apply to the costs of establishing the national dog con-
trol information database.
(3)
The order—
(a)
must specify the amount of the levy or the way that the levy must be cal-
culated; and
(b)
may authorise—
(i)
the deduction of over-recoveries in respect of a financial year
from a levy payable in subsequent financial years; or
(ii)
the addition of under-recoveries in respect of a financial year to a
levy payable in subsequent financial years; and
(c)
may prescribe how and when the levy must be paid or collected.
(4)
A territorial authority must pay a levy required by regulations made under sub-
section (1).
(5)
The amount of unpaid levy is recoverable in a court of competent jurisdiction
as a debt due to the Crown.
(6)
An order made under subsection (1) is a legislative instrument and a disallowa-
ble instrument for the purposes of the
Legislation Act 2012 and must be pre-
sented to the House of Representatives under
section 41 of that Act.
Section 35B: inserted, on 30 September 2006, by
section 23 of the Dog Control Amendment Act
2003 (2003 No 119).
Section 35B(6): replaced, on 5 August 2013, by
section 77(3) of the Legislation Act 2012 (2012
No 119).
36
Application for registration
(1)
Except as provided in subsections (2) and (3), every person who owns a dog
shall make an application to the territorial authority in whose district the dog is
ordinarily kept to register the dog not later than the first day of every registra-
tion year.
(1A) Every person who owns a dog classified as a working dog under paragraph
(b)(ii) of the definition of working dog in section 2 must identify the dog
accordingly in the application to register the dog.
(2)
Where a dog is of the age of 3 months or less, the application to register the
dog shall be made before the dog attains the age of 3 months.
(3)
Where an unregistered dog is purchased or otherwise acquired, the application
to register the dog shall be made forthwith or before the day on which the dog
attains the age of 3 months, whichever is the later.
(4)
Every application to register a dog shall be made in the prescribed form and
shall be signed by the owner of the dog.
(5)
The territorial authority shall supply every owner from whom it has received an
application form with—
46
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Reprinted as at
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Dog Control Act 1996
s 36A
(a)
a copy of the application form or a statement setting out—
(i)
the obligations of the owner under sections 52 and 54; and
(ii)
any other obligations imposed on the owner; and
(iii)
such other information (if any) relating to the administration of
this Act as the territorial authority considers desirable; and
(b)
a copy of the policy for the time being in force under
section 10.
Compare: 1982 No 42 s 36; 1990 No 27 s 43
Section 36(1A): inserted, on 28 June 2006, by section 16 of the Dog Control Amendment Act 2006
(2006 No 23).
Section 36(3): amended, on 7 July 2004, by
section 16 of the Dog Control Amendment Act 2004
(2004 No 61).
36A Microchip transponder must be implanted in certain dogs
(1)
This section applies to a dog that—
(a)
is classified as dangerous under
section 31 on or after 1 December 2003;
or
(b)
is classified as menacing under
section 33A or
section 33C on or after
1 December 2003; or
(c)
is registered for the first time on or after 1 July 2006.
(2)
The owner of the dog must, for the purpose of providing permanent identifica-
tion of the dog, arrange for the dog to be implanted with a functioning micro-
chip transponder of the prescribed type and in the prescribed manner.
(2A) Subsection (2) does not apply to a dog as defined in paragraph (b)(ii) of the
definition of working dog in
section 2 registered as a working dog under
sec-
tion 46(1) and wearing a collar, label, or disc as provided in
section 34(4)(b).
(3)
Subsection (2) is complied with by the owner,—
(a)
for a dog that is classified as dangerous or menacing, by making the dog
available, in accordance with the reasonable instructions of the territorial
authority, for verification that it has been implanted with a functioning
microchip transponder of the prescribed type and in the prescribed loca-
tion:
(b)
for a dog that is registered for the first time on or after 1 July 2006, by—
(i)
making the dog available, in accordance with the reasonable
instructions of the territorial authority, for verification that it has
been implanted with a functioning microchip transponder of the
prescribed type and in the prescribed location; or
(ii)
providing to the territorial authority a certificate issued by a veter-
inarian certifying—
47
Reprinted as at
s 36A
Dog Control Act 1996
14 December 2019
(A)
that the dog is or has been implanted with a functioning
microchip transponder of the prescribed type and in the pre-
scribed location; or
(B)
that, for the reasons that are specified in the certificate, the
dog will not be in a fit condition to be implanted with a
functioning microchip transponder of the prescribed type
and in the prescribed location before a date specified in the
certificate.
(3A) A certificate issued by a veterinarian under subsection (3)(b)(ii) must include
the following information:
(a)
the unique identifier of the microchip transponder (if subsection
(3)(b)(ii)(A) applies); and
(b)
the name and sex of the dog; and
(c)
a physical description of the dog, which may include the breed, the col-
our, and any distinguishing marks; and
(d)
if the dog is registered, the registration number of the label or disc issued
for the dog; and
(e)
the name, date of birth, and address of the owner of the dog.
(4)
If a certificate under subsection (3)(b)(ii)(B) is produced to the territorial
authority, the owner must produce to the territorial authority, within 1 month
after the date specified in the certificate, a further certificate under subsection
(3)(b)(ii).
(5)
The owner must comply with subsection (2)—
(a)
within 2 months from 1 July 2006, if the dog is classified as dangerous
or menacing on or after 1 December 2003 but before 1 July 2006; or
(b)
within 2 months after the date on which the dog is classified as danger-
ous or menacing or is registered (as the case may be), in any other case.
(5A) Subsection (2) does not apply if—
(a)
as a requirement of this Act, the dog has been previously implanted with
a functioning microchip transponder of the prescribed type and in the
prescribed location; or
(b)
in any other case, the territorial authority has verified that the dog has
been implanted with a functioning microchip transponder of the pre-
scribed type and in the prescribed location.
(6)
Every person commits an offence and is liable on conviction to a fine not
exceeding $3,000 who fails to comply with subsection (2) or subsection (5).
(7)
[Repealed]
48
Reprinted as at
14 December 2019
Dog Control Act 1996
s 37
Section 36A: inserted, on 1 July 2006, by
section 24 of the Dog Control Amendment Act 2003 (2003
No 119).
Section 36A(2A): inserted (with effect on 1 July 2006), on 28 June 2006, by section 17 of the Dog
Control Amendment Act 2006 (2006 No 23).
Section 36A(3): substituted (with effect on 1 July 2006), on 7 July 2004, by
section 17(1) of the Dog
Control Amendment Act 2004 (2004 No 61).
Section 36A(3A): inserted (with effect on 1 July 2006), on 7 July 2004, by
section 17(1) of the Dog
Control Amendment Act 2004 (2004 No 61).
Section 36A(4): amended (with effect on 1 July 2006), on 28 June 2006, by section 18(1)(a) of the
Dog Control Amendment Act 2006 (2006 No 23).
Section 36A(4): amended (with effect on 1 July 2006), on 28 June 2006, by section 18(1)(b) of the
Dog Control Amendment Act 2006 (2006 No 23).
Section 36A(5): substituted (with effect on 1 July 2006), on 7 July 2004, by
section 17(2) of the Dog
Control Amendment Act 2004 (2004 No 61).
Section 36A(5A): inserted (with effect on 1 July 2006), on 7 July 2004, by
section 17(2) of the Dog
Control Amendment Act 2004 (2004 No 61).
Section 36A(6): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Section 36A(7): repealed (without coming into force), on 28 June 2006, by section 18(2) of the Dog
Control Amendment Act 2006 (2006 No 23).
37
Territorial authority to set fees
(1)
The dog control fees payable to a territorial authority shall be those reasonable
fees prescribed by resolution of that authority for the registration and control of
dogs under this Act.
(2)
Any resolution made under subsection (1) may—
(a)
fix fees for neutered dogs that are lower than the fee for dogs that have
not been neutered:
(b)
fix fees for working dogs that are lower than the fee for any other dog,
and may limit the number of working dogs owned by any person which
qualify for lower fees under this section:
(c)
fix different fees for the various classes of working dogs:
(d)
fix fees for dogs under a specified age (not exceeding 12 months) that
are lower than the fee that would otherwise be payable for those dogs:
(e)
fix, for any dog that is registered by any person who demonstrates to the
satisfaction of any dog control officer that that person has a specified
level of competency in terms of responsible dog ownership, a fee that is
lower than the fee that would otherwise be payable for that dog:
(f)
fix by way of penalty, subject to subsection (3), an additional fee, for the
registration on or after the first day of the second month of the registra-
tion year or such later date as the authority may fix, of any dog that was
required to be registered on the first day of that registration year:
(g)
fix a fee for the issue of a replacement registration label or disc for any
dog.
49
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s 38
Dog Control Act 1996
14 December 2019
(3)
Any additional fee by way of penalty fixed under subsection (2)(f) shall not
exceed 50% of the fee that would have been payable if the dog had been regis-
tered on the first day of the registration year.
(4)
In prescribing fees under this section, the territorial authority shall have regard
to the relative costs of the registration and control of dogs in the various cat-
egories described in paragraphs (a) to (e) of subsection (2), and such other mat-
ters as the territorial authority considers relevant.
(5)
Where any 2 or more territorial authorities have formed a joint standing or joint
special committee in accordance with
section 7, the resolution of that commit-
tee under subsection (1) may fix different fees in respect of dogs kept in the
different districts, having regard to the costs of registration and dog control in
the districts concerned.
(6)
The territorial authority shall, at least once during the month preceding the start
of every registration year, publicly notify in a newspaper circulating in its dis-
trict the dog control fees fixed for the registration year.
(7)
Failure by the territorial authority to give the public notice required by subsec-
tion (6), or the occurrence of any error or misdescription in such public notice,
shall not affect the liability of any person to comply with this Act or to pay any
fee that is prescribed by the territorial authority under subsection (1).
(8)
No increase in the dog control fees for any year shall come into effect other
than at the commencement of that year.
(9)
This section shall come into force on the day on which this Act receives the
Royal assent.
Compare: 1982 No 42 s 49; 1990 No 27 s 44
38
Registration fee for certain dogs registered on or after 2 August
(1)
A territorial authority must reduce the registration fee for a dog, but only if, in
a registration year,—
(a)
the dog is less than 3 months old on or after 2 August; or
(b)
the dog is imported into New Zealand for the first time on or after
2 August.
(2)
The fee payable for the dog under subsection (1) must be calculated by—
(a)
dividing the registration fee payable for a full year by 12; and
(b)
multiplying that amount by the number of complete months remaining in
the registration year.
Section 38: substituted, on 28 June 2006, by section 19 of the Dog Control Amendment Act 2006
(2006 No 23).
39
Refund and reduction of fees
(1)
Where the fee for the registration of any dog for any year is paid and the dog
dies before the commencement of or during that year, the territorial authority
50
Reprinted as at
14 December 2019
Dog Control Act 1996
s 41A
shall refund, upon request, in the case of a dog that dies before the commence-
ment of the year, the full fee paid, and, in the case of a dog that dies during the
year, the appropriate part of that fee.
(2)
The part fee refundable under subsection (1) shall be calculated on the basis of
the number of complete months remaining in the registration year after the date
of the request for the refund.
(3)
Notwithstanding anything in this or any other provision of this Act, the territor-
ial authority may remit, reduce, or refund the dog control fee or part of the fee
in any particular case or class of cases by reason of the financial circumstances
of the owner or where it is satisfied that there are special grounds for doing so.
Compare: 1982 No 42 s 51; 1990 No 27 s 46
40
Proof of class of dog
(1)
Where the territorial authority fixes a fee for the registration of a working dog
that is lower than that fixed for a dog that is not a working dog, any person
claiming to register any dog as a working dog shall, if so required by the terri-
torial authority, make a written statement that the dog is a working dog of a
specified class.
(2)
Where the territorial authority fixes a fee for the registration of a neutered dog
that is lower than that fixed for a dog that has not been neutered, any person
claiming to register a neutered dog shall, if so required by the territorial author-
ity, produce to the territorial authority a certificate issued by a veterinarian and
certifying that the dog has been neutered.
Compare: 1982 No 42 s 37
Section 40(2): amended, on 28 June 2006, by section 29(7) of the Dog Control Amendment Act 2006
(2006 No 23).
41
Penalty for false statement relating to application for registration
Every person commits an offence and is liable on conviction to a fine not
exceeding $3,000 who, in making an application for the registration of a dog,
makes any written statement knowing that statement to be false.
Compare: 1982 No 42 s 38
Section 41: amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Section 41: amended, on 1 December 2003, by
section 25 of the Dog Control Amendment Act 2003
(2003 No 119).
41A Dead dogs
Every person commits an offence and is liable on conviction to a fine not
exceeding $3,000 who makes any written statement to a territorial authority to
the effect that a dog is dead knowing that statement to be false.
51
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Reprinted as at
s 42
Dog Control Act 1996
14 December 2019
Section 41A: inserted, on 28 June 2006, by section 20 of the Dog Control Amendment Act 2006
(2006 No 23).
Section 41A: amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
42
Offence of failing to register dog
(1)
Every person commits an offence and is liable on conviction to a fine not
exceeding $3,000 who is the owner of a dog of a greater age than 3 months
unless the dog is registered under this Act for the current registration year.
(2)
If a territorial authority has reasonable grounds to believe that a person has
failed to comply with subsection (1), a dog control officer or dog ranger may—
(a)
seize and impound the dog; and
(b)
for the purposes of paragraph (a), enter, at any reasonable time, any land
or premises (except a dwellinghouse) occupied by the owner of the dog.
(3)
This section does not apply to any person operating a pound or facility, or hav-
ing custody of an unregistered dog for the purposes of—
(a)
impounding the dog under this Act; or
(b)
confining the dog in a transitional facility or containment facility
approved under section 39 of the Biosecurity Act 1993; or
(c)
keeping the dog in the custody of a society established to prevent cruelty
to animals pending the dog’s—
(i)
recovery by its owner; or
(ii)
disposal to a new owner.
(4)
However,—
(a)
a person to whom subsection (3)(a) applies must not dispose of a dog
other than in accordance with section 69A; and
(b)
a person to whom subsection (3)(b) or subsection (3)(c) applies must not
dispose of a dog (other than by destroying it), unless the dog is first
registered under this Act.
Compare: 1982 No 42 s 39
Section 42: substituted, on 1 December 2003, by
section 26 of the Dog Control Amendment Act
2003 (2003 No 119).
Section 42(1): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Section 42(1): amended, on 28 June 2006, by section 21 of the Dog Control Amendment Act 2006
(2006 No 23).
Section 42(3): substituted, on 7 July 2004, by
section 18 of the Dog Control Amendment Act 2004
(2004 No 61).
Section 42(4): added, on 7 July 2004,
by section 18 of the Dog Control Amendment Act 2004 (2004
No 61).
52
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Reprinted as at
14 December 2019
Dog Control Act 1996
s 47
43
Registration of impounded dog, dog in quarantine, or dog in custody of
society established to prevent cruelty to animals
[Repealed]
Section 43: repealed, on 7 July 2004, by
section 19 of the Dog Control Amendment Act 2004 (2004
No 61).
44
Dog not wearing proper label or disc deemed unregistered
Any dog not wearing a collar having a current registration label or disc
attached shall, until the contrary is proved, be deemed to be unregistered.
Compare: 1982 No 42 s 41
45
Burden of proof on owner of dog
In any proceedings under this Act the proof that a dog was duly registered, or is
not over the age of 3 months, shall be on the defendant.
Compare: 1982 No 42 s 42
46
Issue of label or disc and completion of registration
(1)
On receipt of the properly completed application form and the applicable dog
control fee, the territorial authority shall, unless the registration of that dog in
the ownership of that person would be in breach of
section 23 or
section 28,
issue to the owner of the dog a receipt for the fee paid and a label or disc for
the registration year, and, upon the issue of such label or disc, registration shall
be deemed to have been duly made.
(2)
The owner of the dog shall ensure that the label or disc issued by the territorial
authority is attached to a collar worn on the neck of the dog so registered.
(3)
If the authority is satisfied that a current label or disc for any dog has been lost,
stolen, damaged, or destroyed, it shall, on receipt of the appropriate fee, issue a
replacement label or disc.
(4)
Every person commits an offence and is liable on conviction to a fine not
exceeding $3,000 who procures or attempts to procure a replacement label or
disc for any dog knowing that a current label or disc for that dog has not been
lost or stolen.
Compare: 1982 No 42 s 43
Section 46(4): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Section 46(4): amended, on 1 December 2003, by
section 27 of the Dog Control Amendment Act
2003 (2003 No 119).
47
Registration to extend over New Zealand
Every registration made under this Act shall be in force throughout New Zea-
land.
Compare: 1982 No 42 s 44
53
Reprinted as at
s 48
Dog Control Act 1996
14 December 2019
48
Change of ownership of dog
(1)
Where the ownership of any dog is changed, any registration of the dog shall
continue in force, but the previous owner and the new owner shall each within
14 days give written notice to the territorial authority or territorial authorities
concerned of the change of ownership and of the residential address of the new
owner and the address at which the dog will ordinarily be kept.
(2)
Where the dog is registered, the territorial authority or territorial authorities
concerned shall, without fee, record the changes in their registers and the terri-
torial authority in whose district the dog is ordinarily to be kept shall, without
fee, issue a new label or disc for the dog.
(3)
Every person commits an offence and is liable on conviction to a fine not
exceeding $500 who fails to comply with the requirements of subsection (1).
(4)
It shall be a defence to a charge of failing to comply with the requirements of
subsection (1) if the defendant satisfies the court that the previous owner or the
new owner, as the case may be, complied with the requirements of that subsec-
tion.
Compare: 1982 No 42 s 45
Section 48 heading: amended, on 28 June 2006, by section 22 of the Dog Control Amendment Act
2006 (2006 No 23).
Section 48(3): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Section 48(3): amended, on 1 December 2003, by
section 28 of the Dog Control Amendment Act
2003 (2003 No 119).
49
Transfer of dog from one address or district to another
(1)
Where the owner of any dog changes his or her address within the district of a
territorial authority, he or she shall, within 14 days, give notice in writing of his
or her change of address to the territorial authority.
(2)
Where any dog is transferred to and is kept, for a period of 1 month or more, in
any territorial authority district other than that in which it has been kept, the
owner shall, within 6 weeks of the transfer, give notice in writing of the trans-
fer to the territorial authority in whose district the dog has been kept and to the
territorial authority to whose district the dog is transferred, setting out the
address at which the dog will ordinarily be kept.
(3)
Where the dog is registered, the territorial authority or territorial authorities
concerned shall, without fee, record the changes in its register or their registers,
and the territorial authority in whose district the dog is ordinarily to be kept
shall, without fee, issue a new label or disc for the dog.
(4)
Every person commits an offence and is liable on conviction to a fine not
exceeding $500 who fails to comply with subsection (1) or subsection (2).
Compare: 1982 No 42 s 46
54
Reprinted as at
14 December 2019
Dog Control Act 1996
s 51
Section 49(4): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Section 49(4): amended, on 1 December 2003, by
section 29 of the Dog Control Amendment Act
2003 (2003 No 119).
50
Dog not wearing proper label or disc may be impounded
(1)
Where any dog over the age of 3 months not wearing a collar having a current
registration label or disc attached is found on any land or premises other than
the land or premises of the owner of the dog, or any such dog is found in any
public place,—
(a)
any dog control officer or dog ranger may seize and impound the dog; or
(b)
the occupier or person in charge of the land, premises, or public place
may seize the dog and deliver it to the custody of a dog control officer or
dog ranger for impounding.
(2)
Nothing in this section shall authorise any person to seize any dog that is under
the control of any other person.
(3)
Nothing in this section shall authorise any dog control officer or dog ranger to
enter on any land or premises other than a public place without the consent
(express or implied) of the occupier or person in apparent charge of the land or
premises.
Compare: 1982 No 42 s 47
51
Offences relating to collars, labels, and discs
(1)
Every person commits an offence and is liable on conviction to a fine not
exceeding $3,000 who, with intent to deceive,—
(a)
removes from a dog a collar bearing a label or disc issued under this Act;
or
(b)
removes any such label or disc attached to any collar worn by any dog;
or
(c)
attaches to any dog or has in that person’s keep any dog wearing any
such label or disc issued in respect of another dog; or
(d)
makes or counterfeits or, knowing the same to be false or counterfeit,
purchases, uses, or has in that person’s possession, any label or disc
resembling or apparently intended to resemble or pass for a label or disc
issued under this Act.
(2)
Where a person is convicted of an offence against paragraph (a) or paragraph
(b) of subsection (1), and the dog has been impounded in consequence of the
removal of that collar, label, or disc, the court may order that person to pay to
the owner any fees payable by the owner relating to the impounding of the dog
and, if the dog has been sold or destroyed, the full value of that dog as deter-
mined by the court.
Compare: 1982 No 42 s 48
55
Reprinted as at
s 52
Dog Control Act 1996
14 December 2019
Section 51(1): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Section 51(1): amended, on 1 December 2003, by
section 30 of the Dog Control Amendment Act
2003 (2003 No 119).
Obligations of owner
52
Control of dogs generally
(1)
The owner of any dog shall keep that dog under control at all times.
(2)
Without limiting the generality of subsection (1), a dog shall, for the purposes
of this Act, be deemed to be not under control—
(a)
if it is found at large on any land or premises other than a public place or
a private way without the consent (express or implied) of the occupier or
person in charge of that land or those premises; or
(b)
if it is found at large in any public place or in any private way in contra-
vention of any regulation or bylaw.
(3)
Where a dog is not under control in terms of subsection (2), the dog control
officer or dog ranger may seize the dog and cause it to be returned to its owner
or impounded.
(3A) A dog control officer or dog ranger in fresh pursuit of a dog that has been not
under control in terms of subsection (2) may, at any reasonable time, enter on
any land or premises (except a dwellinghouse) to seize and impound a dog if—
(a)
the dog is identified by the dog control officer or dog ranger; and
(b)
the dog is not under the control of any person or otherwise constrained;
and
(c)
no person, other than a person under the age of 16 years, is present.
(4)
Where, in the opinion of—
(a)
the occupier of any land or premises, or of any other person acting with
the authority of such occupier (whether express or implied); or
(b)
any person in any public place or in any private way,—
a dog is likely to cause annoyance or distress to any person or animal or dam-
age to any property on the land or premises or in any public place or in any
private way, the occupier or person may seize the dog and cause the dog to be
returned to its owner, or to be delivered into the custody of a dog control offi-
cer or dog ranger.
(5)
Nothing in subsection (4) authorises any person to seize any dog that is under
the direct control of any other person.
(6)
Where a dog is, under subsection (4), delivered into the custody of a dog con-
trol officer or dog ranger, the dog control officer or dog ranger may cause the
dog to be returned to its owner or impounded.
56
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14 December 2019
Dog Control Act 1996
s 53
(7)
Except as provided in subsection (3A), nothing in this section shall authorise a
dog control officer or dog ranger to enter upon any land or premises other than
a public place or a private way for the purposes of this section without the con-
sent (express or implied) of the occupier or person for the time being in appa-
rent charge of that land or those premises.
Compare: 1982 No 42 s 52
Section 52 heading: amended, on 1 December 2003
, by section 31(1) of the Dog Control Amendment
Act 2003 (2003 No 119).
Section 52(3A): inserted, on 1 December 2003, by
section 31(2) of the Dog Control Amendment Act
2003 (2003 No 119).
Section 52(7): amended, on 1 December 2003, by
section 31(3) of the Dog Control Amendment Act
2003 (2003 No 119).
52A Control of dog on owner’s property
(1)
This section applies when a dog is on land or premises occupied by its owner.
(2)
The owner of a dog must, at all times, ensure that either—
(a)
the dog is under the direct control of a person; or
(b)
the dog is confined within the land or premises in such a manner that it
cannot freely leave the land or premises.
(3)
Every person commits an offence and is liable on conviction to a fine not
exceeding $3,000 who fails to comply with subsection (2).
(4)
If a person fails to comply with subsection (2), a dog control officer or dog
ranger may—
(a)
seize and impound the dog; and
(b)
for the purposes of paragraph (a), enter, at any reasonable time, the land
or premises (except a dwellinghouse) owned or occupied by the owner
of the dog.
Section 52A: inserted, on 1 June 2004, by
section 32 of the Dog Control Amendment Act 2003 (2003
No 119).
Section 52A(3): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
53
Offence of failing to keep dog under control
(1)
Every person commits an offence and is liable on conviction to a fine not
exceeding $3,000 who, being the owner of a dog, fails to keep that dog under
control.
(2)
Notwithstanding
section 52(2)(b), an owner of a dog does not commit an
offence against subsection (1) by reason only of the dog being found at large in
a public place in contravention of any regulation or bylaw.
Section 53(1): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Section 53(1): amended, on 1 December 2003, by
section 33 of the Dog Control Amendment Act
2003 (2003 No 119).
57
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Dog Control Act 1996
14 December 2019
54
Obligations of dog owner
(1)
The owner of any dog shall—
(a)
ensure that the dog receives proper care and attention and is supplied
with proper and sufficient food, water, and shelter; and
(b)
ensure that the dog receives adequate exercise.
(2)
Every person commits an offence and is liable on conviction to imprisonment
for a term not exceeding 3 months or to a fine not exceeding $5,000 who, being
the owner of any dog, fails to comply with subsection (1).
Compare: 1982 No 42 s 53
Section 54(2): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
54A Owner must use or carry leash in public
(1)
The owner of a dog must carry a leash when in a public place if—
(a)
the dog is with the owner; and
(b)
the dog is not otherwise required to be controlled on a leash by or under
this Act or any other enactment.
(2)
Every person commits an offence and is liable on conviction to a fine not
exceeding $500 who, being the owner of a dog, fails to comply with subsection
(1).
(3)
This section does not apply to the owner of a working dog in relation to the
working dog.
Section 54A: inserted, on 1 December 2003, by
section 34 of the Dog Control Amendment Act 2003
(2003 No 119).
Section 54A(1): substituted, on 7 July 2004, by
section 20(1) of the Dog Control Amendment Act
2004 (2004 No 61).
Section 54A(2): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Section 54A(3): amended, on 7 July 2004, by
section 20(2) of the Dog Control Amendment Act 2004
(2004 No 61).
55
Barking dogs
(1)
Where a dog control officer or dog ranger has received a complaint and has
reasonable grounds for believing that a nuisance is being created by the persist-
ent and loud barking or howling of any dog, the dog control officer or dog
ranger may—
(a)
enter at any reasonable time upon the land or premises, other than a
dwellinghouse, on which the dog is kept, to inspect the conditions under
which the dog is kept; and
(b)
whether or not the dog control officer or dog ranger makes such entry,
give the owner of the dog a written notice requiring that person to make
such reasonable provision on the property to abate the nuisance as shall
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s 56
be specified in the notice or, if considered necessary, to remove the dog
from the land or premises.
(2)
Any person on whom notice is served under subsection (1) may, within 7 days
of the receipt of the notice, object in writing to the territorial authority against
the requirements of that notice.
(3)
The territorial authority shall consider the objection and may confirm, modify,
or cancel the notice.
(4)
No objection under this section shall be considered unless 7 days’ notice of the
date and time when and the place at which it is to be considered have been
given to the objector, who shall be entitled to be represented and to be heard
and may submit evidence and call witnesses in support of his or her objection.
(5)
Upon the determination of the objection, the territorial authority shall give to
the objector a further notice stating the decision of the authority, and, if the
effect of the decision is to modify the requirements of the dog control officer or
dog ranger, shall set out those requirements as so modified.
(6)
As from the lodging of an objection with the territorial authority, and pending
the receipt of a further notice upon the determination of the objection, the
notice setting out the requirements that are the subject of the objection shall be
deemed to be suspended.
(7)
Every person commits an offence and is liable on conviction to a fine not
exceeding $1,500 who, having been served with a notice under this section,—
(a)
fails or neglects to comply with that notice (not being a notice that has
been suspended under subsection (6)) within 7 days of its receipt by that
person:
(b)
fails or neglects to comply with any notice as modified or confirmed by
a territorial authority under subsection (3) within the time specified by
the territorial authority.
Compare: 1982 No 42 s 54
Section 55(7): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
56
Removal of barking dog causing distress
(1)
This section shall apply in any case where, at any time after a notice under
section 55 has been issued,—
(a)
the notice has not been cancelled under subsection (3) of that section;
and
(b)
the notice has not been complied with; and
(c)
a dog control officer or dog ranger has received a further complaint and
has reasonable grounds for believing that the nuisance in respect of
which the notice is issued is continuing and is causing distress to any
person.
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14 December 2019
(2)
In any case to which subsection (1) applies, the dog control officer or dog
ranger may enter upon the land or premises on which the dog is kept and
remove the dog and the dog shall be kept in custody under
section 70.
(3)
Nothing in this section shall authorise any dog control officer or dog ranger to
enter any dwellinghouse unless—
(a)
he or she is authorised to enter by a warrant issued by an issuing officer
(within the meaning of
section 3 of the Search and Surveillance Act
2012) made on application by the dog ranger or dog control officer in the
manner provided for an application for a search warrant in
subpart 3 of
Part 4 of the Search and Surveillance Act 2012; and
(b)
he or she is accompanied by a constable.
(3A) None of the following persons may act as an issuing officer under this section:
(a)
the mayor or any elected member of the local authority that employs or
engages the dog ranger or dog control officer; or
(b)
any employee of the local authority that employs or engages the dog
ranger or dog control officer.
(4)
Where a dog is removed pursuant to subsection (2), the dog control officer or
dog ranger shall give written notice in the prescribed form to the owner of the
dog or, if the owner is not present, the person for the time being appearing to be
in charge of the land or premises and, if no person is present on the property,
shall leave such notice in some conspicuous place on the land or premises.
(5)
The provisions of
subparts 1, 3, 7,
9, and
10 of Part 4 of the Search and Sur-
veillance Act 2012 apply in respect of an authority applied for or issued under
subsection (3).
Section 56(3)(a): replaced, on 1 October 2012, by
section 233(1) of the Search and Surveillance Act
2012 (2012 No 24).
Section 56(3A): inserted, on 1 October 2012, by
section 233(2) of the Search and Surveillance Act
2012 (2012 No 24).
Section 56(5): inserted, on 1 October 2012, by
section 233(3) of the Search and Surveillance Act
2012 (2012 No 24).
57
Dogs attacking persons or animals
(1)
A person may, for the purpose of stopping an attack, seize or destroy a dog if—
(a)
the person is attacked by the dog; or
(b)
the person witnesses the dog attacking any other person, or any stock,
poultry, domestic animal, or protected wildlife.
(2)
The owner of a dog that makes an attack described in subsection (1) commits
an offence and is liable on conviction to a fine not exceeding $3,000 in addition
to any liability that he or she may incur for any damage caused by the attack.
(3)
If, in any proceedings under subsection (2), the court is satisfied that the dog
has committed an attack described in subsection (1) and that the dog has not
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been destroyed, the court must make an order for the destruction of the dog
unless it is satisfied that the circumstances of the offence were exceptional and
do not warrant destruction of the dog.
(4)
If a person seizes a dog under subsection (1), he or she must, as soon as prac-
ticable, deliver the dog into the custody of a dog ranger or dog control officer.
(5)
If a dog control officer or dog ranger has reasonable grounds to believe that an
offence has been committed under subsection (2), he or she may—
(a)
seize and take custody of the dog; or
(b)
if seizure of the dog is not practicable, destroy the dog.
(6)
A dog control officer or dog ranger may enter land or premises for the purposes
of subsection (5), but may enter any dwellinghouse on the land or premises
only if—
(a)
he or she is in fresh pursuit of a dog that—
(i)
he or she has reasonable grounds to believe has committed an
attack described in subsection (1); and
(ii)
has been identified by a witness to the attack; or
(b)
he or she is authorised to enter by a warrant issued by an issuing officer
(within the meaning of
section 3 of the Search and Surveillance Act
2012), made on application by the dog ranger or dog control officer in
the manner provided for an application for a search warrant in
subpart 3
of Part 4 of the Search and Surveillance Act 2012, who must not issue a
warrant unless the issuing officer is satisfied that there are reasonable
grounds to believe that an offence has been committed under subsection
(2), and, in the case of a dog control officer, he or she is accompanied by
a constable.
(6A) None of the following persons may act as an issuing officer under this section:
(a)
the mayor or any elected member of the local authority that employs or
engages the dog ranger or dog control officer; or
(b)
any employee of the local authority that employs or engages the dog
ranger or dog control officer.
(6B) The provisions of
subparts 1, 3, 7,
9, and
10 of Part 4 of the Search and Sur-
veillance Act 2012 apply in respect of an authority applied for or issued under
subsection (6).
(7)
To avoid doubt, a constable may exercise the powers conferred on a dog con-
trol officer or dog ranger by this section.
(8)
This section,
section 57A, and
section 58 do not apply in respect of a dog
that—
(a)
is kept, or is being used, or is certified for use by a specified agency; and
61
Reprinted as at
s 57A
Dog Control Act 1996
14 December 2019
(b)
is being used for the purpose of carrying out in a lawful manner any
function, duty, or power of that agency.
Compare: 1982 No 42 s 56(1)–(5), (7)
Section 57: substituted, on 1 December 2003, by
section 35 of the Dog Control Amendment Act
2003 (2003 No 119).
Section 57(2): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Section 57(6)(b): amended, on 1 October 2012, by
section 233(4) of the Search and Surveillance Act
2012 (2012 No 24).
Section 57(6A): inserted, on 1 October 2012, by
section 233(5) of the Search and Surveillance Act
2012 (2012 No 24).
Section 57(6B): inserted, on 1 October 2012, by
section 233(5) of the Search and Surveillance Act
2012 (2012 No 24).
Section 57(7): amended, on 1 October 2008, pursuant to
section 116(a)(ii) of the Policing Act 2008
(2008 No 72).
57A Dogs rushing at persons, animals, or vehicles
(1)
This section applies to a dog in a public place that—
(a)
rushes at, or startles, any person or animal in a manner that causes—
(i)
any person to be killed, injured, or endangered; or
(ii)
any property to be damaged or endangered; or
(b)
rushes at any vehicle in a manner that causes, or is likely to cause, an
accident.
(2)
If this section applies,—
(a)
the owner of the dog commits an offence and is liable on conviction to a
fine not exceeding $3,000 in addition to any liability that he or she may
incur for any damage caused by the dog; and
(b)
the court may make an order for the destruction of the dog.
(3)
A dog control officer or dog ranger who has reasonable grounds to believe that
an offence has been committed under subsection (2)(a) may, at any time before
a decision of the court under that subsection, seize or take custody of the dog
and may enter any land or premises (except a dwellinghouse) to do so.
Section 57A: inserted, on 1 December 2003, by
section 36 of the Dog Control Amendment Act 2003
(2003 No 119).
Section 57A(2)(a): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011
(2011 No 81).
58
Dogs causing serious injury
The owner of any dog that attacks any person or any protected wildlife and
causes—
(a)
serious injury to any person; or
(b)
the death of any protected wildlife; or
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Dog Control Act 1996
s 61
(c)
such injury to any protected wildlife that it becomes necessary to destroy
the animal to terminate its suffering,—
commits an offence and is liable on conviction to imprisonment for a term not
exceeding 3 years or a fine not exceeding $20,000, or both, and the court shall,
on convicting the owner, make an order for the destruction of the dog unless
satisfied that the circumstances of the attack were exceptional and do not jus-
tify destruction.
Section 58: amended, on 1 December 2003, by
section 37 of the Dog Control Amendment Act 2003
(2003 No 119).
59
Seizure or destruction of dog at large in vicinity of protected wildlife
(1)
Where any dog is at large and is an immediate disturbance or threat to any pro-
tected wildlife,—
(a)
the occupier or person having control of the land on which the dog is, for
the time being, situated, or any agent or employee of that person; or
(b)
any constable, dog control officer, or dog ranger acting with the consent
of any person specified in paragraph (a),—
may forthwith either seize or destroy that dog.
(2)
Where, under subsection (1), a dog is seized by any person other than a dog
control officer or dog ranger, that person shall ensure that the dog is returned to
its owner or delivered into the custody of a dog control officer or dog ranger.
60
Seizure or destruction of dog running at large among stock or poultry
(1)
The owner of any stock or poultry or that owner’s agent or employee, or any
constable, dog control officer, or dog ranger acting at the request of that owner,
may forthwith either seize or destroy any dog running at large among that stock
or poultry.
(2)
Where, under subsection (1), a dog is seized by any person other than a dog
control officer or dog ranger, that person shall ensure that the dog is returned to
its owner or delivered into the custody of a dog control officer or dog ranger.
Compare: 1982 No 42 s 59
61
Orders relating to dog seen worrying stock
(1)
Where complaint is made to the District Court by the owner of any stock or
poultry, or the occupier of any land on which there is stock or poultry, that any
dog has been seen at large among that stock or poultry, the court, if it is satis-
fied as to the grounds of the complaint, may order the owner to keep the dog
under proper restraint or make an order for the destruction of the dog.
(2)
Every person who fails to comply with an order made under subsection (1)
requiring that person to keep a dog under proper restraint commits an offence
and is liable on conviction to a fine not exceeding $150 for every day during
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Dog Control Act 1996
14 December 2019
which the default has continued; and, in addition, the court may make an order
for the destruction of the dog.
Compare: 1982 No 42 s 60
Section 61(1): amended, on 1 March 2017, by
section 261 of the District Court Act 2016 (2016
No 49).
Section 61(2): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
62
Allowing dogs known to be dangerous to be at large unmuzzled
(1)
This section applies to a dog owned by a person and known by the person to—
(a)
be dangerous; or
(b)
have attacked any person or any stock or poultry or property of any kind.
(2)
The person must not allow the dog to be at large or in any public place or pri-
vate way, except when confined completely within a vehicle or cage, without
being—
(a)
muzzled in such a manner as to prevent the dog from biting but to allow
it to breathe and drink without obstruction; and
(b)
controlled on a leash (except when in a dog exercise area specified in a
bylaw made under section 20(1)(d)).
(3)
A person whose dog is in the possession of any other person for a period of less
than 72 hours must advise that person of the requirement to comply with sub-
section (2).
(4)
Every person who contravenes subsection (2) commits an offence and is liable
on conviction to a fine not exceeding $3,000, and the court may, on convicting
the person, make an order for the destruction of the dog.
(5)
Every person who contravenes subsection (3) commits an offence and is liable
on conviction to a fine not exceeding $500.
(6)
This section does not apply in respect of a dog that—
(a)
is kept, or used, or is certified for use by a specified agency; and
(b)
is being used for the purpose of carrying out in a lawful manner any
function, duty, or power of that agency.
Compare: 1982 No 42 s 57
Section 62: substituted, on 1 December 2003, by
section 38 of the Dog Control Amendment Act
2003 (2003 No 119).
Section 62(3): amended, on 7 July 2004, by
section 21(1) of the Dog Control Amendment Act 2004
(2004 No 61).
Section 62(4): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Section 62(4): amended, on 7 July 2004, by
section 21(1) of the Dog Control Amendment Act 2004
(2004 No 61).
Section 62(5): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
64
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14 December 2019
Dog Control Act 1996
s 64
Section 62(5): amended, on 7 July 2004, by
section 21(2) of the Dog Control Amendment Act 2004
(2004 No 61).
63
Owner liable for damage done by dog
(1)
The owner of a dog shall be liable in damages for damage done by the dog, and
it shall not be necessary for the person seeking damages to show a previous
mischievous propensity in the dog, or the owner’s knowledge of any such mis-
chievous propensity, or that the damage was attributable to neglect on the part
of the owner of the dog.
(2)
This section does not apply in respect of any damage done by a dog that—
(a)
is kept, or is being used, or is certified for use by a specified agency; and
(b)
is being used for the purpose of carrying out in a lawful manner any
function, duty, or power of that agency; and
(c)
if, had this section not been enacted, there could be no claim for the
damage against the agency concerned or any of its officers or employees
or the owner of the dog.
Compare: 1982 No 42 s 61; 1985 No 172 s 3
Section 63(2): substituted, on 1 December 2003, by
section 39 of the Dog Control Amendment Act
2003 (2003 No 119).
64
Procedure where order made for destruction of dog
(1)
If the District Court makes an order for the destruction of any dog, any person
having custody or control of the dog must—
(a)
cause the dog to be destroyed immediately; and
(b)
produce to the territorial authority within 1 month a certificate issued by
a veterinarian, or a dog control officer or dog ranger, certifying that the
dog has been destroyed.
(2)
Where any such person does not cause the dog to be destroyed forthwith, any
constable, dog control officer, or dog ranger may seize and destroy the dog.
(3)
In the exercise of his or her powers under subsection (2), any constable, dog
control officer, or dog ranger may, at any reasonable time, enter on any land or
premises, including any dwellinghouse, and remove any dog that is the subject
of an order for destruction.
(4)
Nothing in subsection (3) shall authorise any dog control officer or dog ranger
to enter any dwellinghouse unless he or she is accompanied by a constable.
(5)
Where any dog is destroyed by any dog control officer or dog ranger acting
under the authority of this section, the reasonable costs of the collection,
destruction, and disposal of the dog shall constitute a debt recoverable by the
territorial authority from the owner of the dog.
(6)
A person who fails to comply with subsection (1) commits an offence and is
liable on conviction to a fine not exceeding $3,000.
Compare: 1982 No 42 s 62
65
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s 65
Dog Control Act 1996
14 December 2019
Section 64(1): substituted, on 1 December 2003, by
section 40(1) of the Dog Control Amendment
Act 2003 (2003 No 119).
Section 64(1): amended, on 1 March 2017, by
section 261 of the District Court Act 2016 (2016
No 49).
Section 64(1)(b): amended, on 28 June 2006, by section 29(8) of the Dog Control Amendment Act
2006 (2006 No 23).
Section 64(6): added, on 1 December 2003, by
section 40(2) of the Dog Control Amendment Act
2003 (2003 No 119).
Section 64(6): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Infringement offences
65
Infringement offences
(1)
In this Act,
infringement offence means an offence specified in
Schedule 1.
(2)
Where any person is alleged to have committed an infringement offence, that
person may either—
(a)
be proceeded against by filing a charging document under
section 14 of
the Criminal Procedure Act 2011; or
(b)
be served with an infringement notice as provided in section 66.
Section 65(1): amended, on 7 July 2004, by
section 22 of the Dog Control Amendment Act 2004
(2004 No 61).
Section 65(2)(a): replaced, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
66
Infringement notices
(1)
Where a dog control officer or dog ranger has reasonable cause to believe that
any person has committed an infringement offence under this Act, an infringe-
ment notice may be issued to that owner by the dog control officer or dog
ranger or by any person so authorised by the territorial authority.
(2)
An infringement notice may be served—
(a)
by delivering it personally to the person who appears to have committed
the infringement offence; or
(b)
by sending it by post addressed to the person at the person’s last known
place of residence or business; or
(c)
where the person is shown as the owner of a dog on a register, by send-
ing it by post to the person at the address recorded on that register.
(3)
An infringement notice sent to a person by post pursuant to paragraph (b) or
paragraph (c) of subsection (2) shall be deemed to have been served on the per-
son when it was so posted.
(4)
Every infringement notice shall be in the prescribed form, and shall contain the
following particulars:
66
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Dog Control Act 1996
s 66
(a)
such details of the alleged infringement offence as are sufficient fairly to
inform a person of the time, place, and nature of the alleged offence; and
(b)
the amount of the infringement fee specified in respect of that offence in
Schedule 1; and
(c)
the address or addresses at which the infringement fee may be paid; and
(d)
the time within which the infringement fee may be paid; and
(e)
a summary of the provisions of
section 21(10) of the Summary Proceed-
ings Act 1957; and
(f)
a statement of the right of the person served with the notice to request a
hearing; and
(g)
a statement of the consequences if the person served with the notice does
not pay the infringement fee and does not make a request for a hearing;
and
(h)
a summary of the provisions of
sections 21(2) and (3), 23, 25(1) and (2),
and 27(1); and
(i)
such other particulars as are prescribed.
(5)
Where an infringement notice has been issued under this section, proceedings
in respect of the offence to which the notice relates may be commenced in
accordance with
section 21 of the Summary Proceedings Act 1957, and in that
case the provisions of that section shall, with the necessary modifications,
apply.
(6)
A territorial authority may retain the infringement fee received by it for an
infringement offence if the infringement notice was issued by a dog control
officer or dog ranger appointed by that territorial authority.
Section 66(1): amended, on 1 December 2003, by
section 41(1) of the Dog Control Amendment Act
2003 (2003 No 119).
Section 66(2)(c): amended, on 28 June 2006, by section 29(9) of the Dog Control Amendment Act
2006 (2006 No 23).
Section 66(3): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Section 66(4)(b): amended, on 7 July 2004, by
section 23 of the Dog Control Amendment Act 2004
(2004 No 61).
Section 66(4)(h): amended, on 1 December 2003, by
section 41(2) of the Dog Control Amendment
Act 2003 (2003 No 119).
Section 66(6): added, on 1 December 2003, by
section 41(3) of the Dog Control Amendment Act
2003 (2003 No 119).
67
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Reprinted as at
s 66A
Dog Control Act 1996
14 December 2019
Category 1 offences
Heading: inserted, on 14 December 2019, by
section 4 of the Dog Control (Category 1 Offences)
Amendment Act 2019 (2019 No 75).
66A Jurisdiction for category 1 offences
(1)
The District Court presided over by 2 or more Justices of the Peace has juris-
diction in respect of any category 1 offence under this Act.
(2)
Subsection (1) does not apply to the offences described in the following sec-
tions:
(a)
section 32(2):
(b)
section 57(2):
(c)
section 57A(2):
(d)
section 61(2):
(e)
section 62(4):
(f)
section 78(3).
(3)
In this section,
category 1 offence has the same meaning as in
section 6(1) of
the Criminal Procedure Act 2011.
Section 66A: inserted, on 14 December 2019, by
section 4 of the Dog Control (Category 1 Offences)
Amendment Act 2019 (2019 No 75).
Custody of dogs
67
Provision of pound facilities
Every territorial authority, either singly or jointly with any 1 or more other ter-
ritorial authorities, shall make such provision as is necessary for the proper
custody, care, and exercise of dogs impounded, seized, or committed to its cus-
tody or the custody of a dog control officer or dog ranger under this Act, and
for that purpose may—
(a)
establish, maintain, and operate a dog pound either separately or in asso-
ciation with any pound established under any other Act:
(b)
enter into an agreement with any person, upon such terms and conditions
as it thinks fit, for that person to provide proper custody, care, and exer-
cise for such dogs.
Compare: 1982 No 42 s 64
68
Pound fees
(1)
Any territorial authority may from time to time set reasonable poundage fees
and reasonable fees for the following matters:
(a)
the seizure of dogs by dog control officers or dog rangers under this Act:
(b)
the sustenance of any dog impounded under this Act:
(c)
the destruction of any dog impounded under this Act.
68
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(2)
The amount of any fee referred to in subsection (1) shall be such as may from
time to time be fixed by resolution of the territorial authority, which resolution
shall be publicly notified, at least 14 days before the resolution comes into
effect, in a newspaper circulating in the district of the territorial authority.
(3)
In setting poundage fees under subsection (1), the territorial authority may—
(a)
set different fees for registered and unregistered dogs:
(b)
set a graduated scale of fees for the repeated impounding of the same
dog.
(4)
Any fee fixed under this section shall, if so required by the territorial authority,
be paid before the dog is released from the pound.
Compare: 1982 No 42 s 65
69
Impounding and subsequent disposal of dog
(1)
Except as provided in subsection (7) and
sections 70, 71, and
71A, where any
constable, dog control officer, or dog ranger seizes or is given custody of any
dog under this Act, that dog shall, unless it is returned to its owner under sub-
section (3) or subsection (6) of
section 52, be impounded until it is disposed of
in accordance with this section.
(2)
As soon as practicable after any dog has been impounded, the territorial author-
ity shall, in the case of a dog wearing a current registration label or disc or
where the owner of the dog is known through some other means, give written
notice to the owner that the dog has been impounded and that unless the dog is
claimed and any fee paid within 7 days of the receipt of that notice, it may be
sold, destroyed, or otherwise disposed of in such manner as the territorial
authority thinks fit; and after the expiry of that period the territorial authority
may so dispose of the dog.
(3)
Where the owner of the dog is not known and cannot be identified from the
dog registration label or disc, the territorial authority may, after the expiration
of 7 days after the date of seizure of the dog, sell, destroy, or otherwise dispose
of the dog in such manner as it thinks fit.
(4)
The proceeds of the sale of any dog under subsection (2) or subsection (3) may
be applied by the territorial authority towards any fees payable to it under this
Act by the owner of the dog, and any surplus shall be paid into the dog control
account of the territorial authority.
(5)
The territorial authority shall maintain a record of each dog impounded by it
and the method of disposal of that dog.
(6)
The sale, destruction, or other disposal of a dog under this section shall not
relieve the former owner of the dog of the liability for the payment of any fees
payable under this Act.
69
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(7)
Nothing in subsections (1) to (3) shall apply in any case where a constable, dog
control officer, or dog ranger seizes or is given custody of a dog pursuant to an
order of the District Court that the dog be destroyed.
(8)
This section does not limit or affect the power of the territorial authority to
destroy a dog under section 139 of the Animal Welfare Act 1999.
Compare: 1982 No 42 s 66
Section 69(1): amended, on 28 June 2006, by section 29(10)(a) of the Dog Control Amendment Act
2006 (2006 No 23).
Section 69(1): amended, on 28 June 2006, by section 29(10)(b) of the Dog Control Amendment Act
2006 (2006 No 23).
Section 69(8): added, on 1 January 2000, by
section 194 of the Animal Welfare Act 1999 (1999
No 142).
69A Impounded dog must be microchipped and registered before release
(1)
A registered dog that has been impounded by a territorial authority under this
Act may not be released to any person (other than for the purposes of destroy-
ing it) without first being implanted with a functioning microchip transponder
of the prescribed type and in the prescribed manner.
(2)
Subsection (1) does not apply to a registered dog that has been impounded by
the territorial authority for the first time.
(3)
An unregistered dog that has been impounded by a territorial authority under
this Act may not be released to any person (other than for the purposes of
destroying it) without first being registered under this Act.
(4)
An unregistered dog that has been impounded by a territorial authority under
this Act may not be released to any person (other than for the purposes of
destroying it) without first being implanted with a functioning microchip trans-
ponder of the prescribed type and in the prescribed manner.
(5)
Subsections (1) and (4) do not apply if,—
(a)
as a requirement of this Act, the dog has been previously implanted with
a functioning microchip transponder of the prescribed type and in the
prescribed location; or
(b)
in any other case, the territorial authority has verified that the dog has
been implanted with a functioning microchip transponder of the pre-
scribed type and in the prescribed location.
(6)
A territorial authority that implants in a dog, or causes a dog to be implanted
with, a microchip transponder under this section may recover all the costs in
relation to the procedure from—
(a)
the owner of the dog; or
(b)
the person taking possession of the dog.
70
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Section 69A: inserted, on 1 July 2006, by
section 24 of the Dog Control Amendment Act 2004 (2004
No 61).
Section 69A(3): brought into force, on 7 July 2004,
by section 2(3) of the Dog Control Amendment
Act 2004 (2004 No 61).
Section 69A(6): added (with effect on 1 July 2006), on 28 June 2006, by section 23 of the Dog Con-
trol Amendment Act 2006 (2006 No 23).
70
Custody of dog removed for barking
(1)
Every dog removed
under section 56 shall be kept in custody and given proper
care and exercise, whether in the facilities provided under
section 67 or other-
wise but, except as provided in subsection (7) of this section, nothing
in section
69 shall apply to the dog.
(2)
The owner of any dog which is, for the time being, kept in custody under sub-
section (1) may apply at any time to the territorial authority for the return of the
dog.
(3)
Where application is made under subsection (2) and the territorial authority is
satisfied the return of the dog will not result in a resumption of the nuisance,
the territorial authority shall, subject to subsection (6), return the dog.
(4)
Any person who has sought the return of a dog under subsection (2) and is dis-
satisfied with the decision of the territorial authority may appeal to the District
Court against that decision, and the District Court, in hearing the appeal, shall
consider the matters specified in subsection (3) and any submission by the ter-
ritorial authority in support of its decision and may uphold that decision or
order the return of the dog.
(5)
Subject to subsection (6), unless a dog is earlier returned pursuant to subsection
(3) or subsection (4), the territorial authority shall keep the dog in custody until
such time as it is satisfied—
(a)
that proper provision in relation to the dog has been made on the prop-
erty specified in the notice issued under
section 55; or
(b)
that the owner has made arrangements for the dog to be kept on a prop-
erty other than the property from which it was removed.
(6)
Where the territorial authority has, under
section 68(1)(b), set fees for the sus-
tenance of impounded dogs, the territorial authority may apply those fees to the
sustenance of any dog kept in custody under this section and may require the
payment of those fees before any dog is returned under subsection (3) or sub-
section (5) or, unless the District Court orders otherwise, subsection (4).
(7)
In any case where—
(a)
the notice under
section 55 has not been complied with within 7 days of
a conviction under subsection (7) of that section; or
(b)
the territorial authority requires fees under subsection (6) to be paid
before any dog is returned, and those fees have not been paid within 7
71
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14 December 2019
days of the receipt by the owner of written notice that the dog will be
returned upon payment of those fees,—
the territorial authority may dispose of the dog in the manner authorised by
section 69, and subsections (4) to (6) of that section shall apply as if the dog
had been disposed of under that section.
Section 70(1): amended, on 28 June 2006, by section 24 of the Dog Control Amendment Act 2006
(2006 No 23).
Section 70(4): amended, on 1 March 2017, by
section 261 of the District Court Act 2016 (2016
No 49).
71
Retention of dog threatening public safety
(1)
This section shall apply where—
(a)
any constable, dog control officer, or dog ranger has,
under section 57 or
section 57A, seized any dog or been given custody of any dog or taken
custody of any dog; and
(b)
the owner of the dog is to be prosecuted for an offence under
section 57,
section 57A, or section 58; and
(c)
the dog has been claimed by its owner and any fee payable
under section
69(2) has been paid; and
(d)
the territorial authority is satisfied on reasonable grounds that the release
of the dog would threaten the safety of any person, stock, poultry,
domestic pet, or protected wildlife.
(2)
Except as otherwise provided in this section, every dog to which subsection (1)
applies shall be kept in custody and given proper care and exercise until the
prosecution referred to in subsection (1)(b) is determined by the court.
(3)
In every case to which subsection (1) applies, the territorial authority shall give
written notice in the prescribed form to the person claiming the dog.
(4)
The owner of any dog which is, for the time being, kept in custody under sub-
section (2) may apply at any time to the territorial authority for the release of
the dog.
(5)
Where application is made under subsection (4) and the territorial authority is
satisfied that the release of the dog will not threaten the safety of any person,
stock, poultry, domestic pet, or protected wildlife, the territorial authority shall,
subject to subsection (7), return the dog.
(6)
Any person who has sought the return of a dog under subsection (4) and is dis-
satisfied with the decision of the territorial authority may appeal to the District
Court against that decision, and the District Court, in hearing the appeal, shall
consider the matters specified in subsection (5) and any submission by the ter-
ritorial authority in support of its decision and may uphold that decision or
order the return of the dog.
(7)
Where the territorial authority has, under
section 68(1)(b), set fees for the sus-
tenance of impounded dogs, the territorial authority may apply those fees to the
72
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s 71A
sustenance of any dog kept in custody under this section and may require the
payment of those fees before any dog is returned under subsection (5) or,
unless the District Court orders otherwise, subsection (2) or subsection (6).
(8)
In any case where the territorial authority requires fees under subsection (7) of
this section to be paid before any dog is returned, and those fees have not been
paid within 7 days of the receipt by the owner of written notice that the dog
will be returned upon payment of those fees, the territorial authority may dis-
pose of the dog in the manner authorised by
section 69(3), and subsections (4)
to (6) of that section shall apply as if the dog had been disposed of under that
section.
Section 71(1)(a): amended, on 1 December 2003, by
section 43(1) of the Dog Control Amendment
Act 2003 (2003 No 119).
Section 71(1)(b): amended, on 1 December 2003, by
section 43(2) of the Dog Control Amendment
Act 2003 (2003 No 119).
Section 71(6): amended, on 1 March 2017, by
section 261 of the District Court Act 2016 (2016
No 49).
71A Disposal of dog seized under section 15 or 33EC
(1)
A territorial authority may sell, destroy, or otherwise dispose of a dog seized by
a dog control officer or dog ranger under
section 15(1)(c), in any manner it
thinks fit,—
(a)
if—
(i)
the territorial authority is not satisfied that the dog will be given
access to proper and sufficient food, water, or shelter if the dog is
returned to the land or premises from where it was removed; and
(ii)
the territorial authority has notified the owner of the dog in writ-
ing of its decision under subparagraph (i) and the right to appeal
against it under
section 71B; and
(iii)
either—
(A)
7 days have elapsed and no appeal has been made; or
(B)
an appeal has been made under
section 71B and the District
Court has not upheld it; or
(b)
if—
(i)
the territorial authority has notified the owner of the dog in writ-
ing of the matters set out in subsection (3); and
(ii)
not less than 7 days have elapsed; and
(iii)
either the dog—
(A)
has not been claimed by its owner; or
(B)
has been claimed by its owner but any outstanding fees
owed in relation to the dog under this Act have not been
paid; or
73
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14 December 2019
(c)
if, despite making reasonable efforts, the territorial authority has not
identified the owner of the dog and the dog has been in its custody for
not less than 7 days.
(2)
A territorial authority may sell, destroy, or otherwise dispose of a dog seized by
a dog control officer or dog ranger
under section 33EC, in any manner it thinks
fit,—
(a)
if—
(i)
the territorial authority is not satisfied that the dog owner has
demonstrated a willingness to comply with
section 33E(1) or
33EB (as the case may be); and
(ii)
the territorial authority has notified the owner of the dog in writ-
ing of its decision under subparagraph (i) and the right to appeal
against it under section 71B; and
(iii)
either—
(A)
7 days have elapsed and no appeal has been made; or
(B)
an appeal has been made under
section 71B and the District
Court has not upheld it; or
(b)
if—
(i)
the territorial authority has notified the owner of the dog in writ-
ing of the matters set out in subsection (3); and
(ii)
not less than 7 days have elapsed; and
(iii)
either the dog—
(A)
has not been claimed by its owner; or
(B)
has been claimed by its owner but any outstanding fees
owed in relation to the dog under this Act have not been
paid; or
(c)
if, despite making reasonable efforts, the territorial authority has not
identified the owner of the dog and the dog has been in its custody for
not less than 7 days.
(3)
A notice under subsection (1)(b)(i) or subsection (2)(b)(i) must state that—
(a)
the owner’s dog is in the custody of the territorial authority; and
(b)
unless the dog is claimed and any outstanding fees paid no later than 7
days after the owner receives the notice, the territorial authority may
sell, destroy, or otherwise dispose of the dog.
(4)
A territorial authority—
(a)
may apply any proceeds from the disposal of a dog under this section
towards any fees owing in relation to the dog under this Act; and
(b)
must apply the surplus in accordance with
section 9.
74
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(5)
If the territorial authority has, under
section 68(1)(b), set fees for the suste-
nance of impounded dogs, it may—
(a)
apply those fees to the sustenance of a dog kept in custody under this
section; and
(b)
require the fees to be paid before the dog is returned under this section.
(6)
Subsection (5) is subject to any order made by a court under
section 71B(4)(b).
(7)
The disposal of a dog under this section does not cancel the liability of the for-
mer owner of the dog to pay any fees owing in relation to the dog under this
Act.
Section 71A: inserted, on 28 June 2006, by section 25 of the Dog Control Amendment Act 2006
(2006 No 23).
71B District Court to determine appeal
(1)
The owner of a dog to whom
section 71A(1)(a)(ii) or (2)(a)(ii) applies may
appeal to the District Court against the territorial authority’s decision.
(2)
An appeal must be lodged no later than 7 days after the owner receives a notice
under section 71A(1)(b)(i) or (2)(b)(i).
(3)
The court must consider the matters specified in
section 71A(1)(a)(i) or
(2)(a)(i), as the case may be, and any submission by the territorial authority
concerned.
(4)
The court may—
(a)
uphold the territorial authority’s decision or order the return of the dog:
(b)
make an order in respect of any fees owing in relation to the dog under
this Act.
Section 71B: inserted, on 28 June 2006, by section 25 of the Dog Control Amendment Act 2006
(2006 No 23).
72
Offence to release dog from custody
(1)
Every person commits an offence who, except in accordance with this Act,—
(a)
releases or uplifts, or attempts to release or uplift, a dog that is, under
this Act, in the custody of—
(i)
a territorial authority, or constable, or dog control officer, or dog
ranger; or
(ii)
any person who, under
section 67(b), has agreed with a territorial
authority to provide proper custody, care, and exercise for dogs
impounded, seized, or committed to the custody of the territorial
authority; or
(b)
is in possession of a dog that has been unlawfully released or uplifted
from the custody of a person specified in paragraph (a).
(2)
Every person who commits an offence against subsection (1) is liable on con-
viction to a fine not exceeding $3,000.
75
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14 December 2019
Section 72: substituted, on 1 December 2003, by
section 44 of the Dog Control Amendment Act
2003 (2003 No 119).
Section 72(2): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
72A Power of dog control officer or dog ranger to seize released dog
A dog control officer or dog ranger may—
(a)
seize and impound a dog that has been released or uplifted in breach of
section 72; and
(b)
retain custody of the dog until the dog control officer, dog ranger, or ter-
ritorial authority (as the case may be) is satisfied that the requirements
under this Act in relation to the initial impounding of the dog have been
complied with.
Section 72A: inserted, on 7 July 2004, by
section 25 of the Dog Control Amendment Act 2004 (2004
No 61).
Miscellaneous provisions
73
No liability where dog wounded in attempt to destroy
(1)
No person who is entitled under this Act to destroy any dog, and who does so
in a reasonable manner or who wounds or maims the dog in the course of
attempting to so destroy it, shall be under any criminal or civil liability for the
injury done to the dog or its death.
(2)
Nothing in subsection (1) shall apply to any person who wounds or maims a
dog in the course of attempting to destroy it and does not take all reasonable
steps to terminate its suffering.
Compare: 1982 No 42 s 81
74
Limitation of liability for damage
No constable, dog control officer, dog ranger, territorial authority, or warranted
officer shall be liable for any loss or damage caused to the owner of any dog or
other property or land that is necessitated by the due administration of this Act.
Compare: 1982 No 42 s 82
75
Disability assist dogs
(1)
Any disability assist dog accompanying and assisting a person with a disability,
or accompanying a person genuinely engaged in the dog’s training, may enter
and remain—
(a)
in any premises registered under regulations made under
section 120 of
the Health Act 1956; or
(b)
in any public place.
76
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s 76
(2)
However, the person whom the dog is accompanying must comply with any
reasonable conditions imposed by the occupier or person controlling the prem-
ises or place in relation to the entry or presence of the dog.
(3)
This section overrides any enactment or bylaw prohibiting or regulating the
entry or presence of dogs in relation to the premises and places referred to in
subsection (1).
Section 75: substituted, on 28 June 2006, by section 26 of the Dog Control Amendment Act 2006
(2006 No 23).
76
Giving and content of notices
(1)
Any notice or direction under this Act that is to be given to any particular per-
son shall be in writing and may be given—
(a)
by delivering it personally to the person to whom it is to be given; or
(b)
by leaving it, or sending it by post in a letter addressed to the person, at
his or her usual or last known place of residence; or
(c)
by sending it by post in a letter addressed to the person at the address
given by the person in a current application to register a dog at his or her
address as the owner of a dog.
(2)
If a notice or direction to which subsection (1) applies is sent by post in a regis-
tered letter, that notice or direction shall be deemed for the purposes of this
Act, in the absence of proof to the contrary, to be given at the time at which the
letter would have been delivered in the ordinary course of post.
(3)
Every notice or direction to which subsection (1) applies shall—
(a)
specify—
(i)
the purpose of the notice; and
(ii)
the rights of objection (if any) to the matters referred to in the
notice; and
(iii)
the name and address of the dog control officer or other officer of
the territorial authority to whom inquiries in respect of the notice
may be made; and
(iv)
if entry on land or premises is intended, the statutory authority for
the entry; and
(v)
in the case of notice that a dog has been impounded, a statement
that the dog may be sold, destroyed, or otherwise disposed of
unless the dog is claimed and all fees paid within 7 days after the
receipt of the notice; and
(b)
in the absence of proof to the contrary, be sufficiently authenticated if it
bears the name of the person giving the notice or direction.
Compare: 1982 No 42 s 84; 1989 No 44 s 86
77
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14 December 2019
77
Application of fines
Notwithstanding anything in
section 73 of the Public Finance Act 1989, the
court before which any person is convicted of an offence against this Act may
direct that part (not exceeding one-half) of any fine imposed shall be paid to
the person who commenced the proceedings or to any person giving informa-
tion that led to the conviction.
Compare: 1982 No 42 s 85; 1989 No 44 s 86
Section 77: amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
78
Regulations
(1)
The Governor-General may from time to time, by Order in Council, make
regulations for all or any of the following purposes:
(a)
prescribing the forms of applications, notices, and other documents for
the purposes of this Act and requiring the use of such forms:
(b)
specifying, for the purposes of
section 35(4) and in relation to the dogs
register, purposes for which any person shall be entitled to be informed
of the name and address of the owner of any dog:
(ba) prescribing conditions, standards, or procedures for the implantation of a
microchip transponder in a dog in accordance with this Act:
(bb) prescribing the types of microchip transponders that may be used for the
purposes of this Act, and the standards to which they must conform:
(c)
subject to subsection (2), regulating or prohibiting the keeping or posses-
sion, either generally or within any specified district or within any speci-
fied part of New Zealand, of dogs of any specified type or breed or
cross-breed:
(d)
providing for such other matters as are contemplated by or necessary for
giving full effect to this Act and for its due administration.
(2)
Regulations made under paragraph (c) of subsection (1) that relate to a particu-
lar breed or cross-breed of dog shall specify, with due particularity, the criteria
that are to be used for the purpose of determining whether a dog is of a particu-
lar breed or cross-breed.
(3)
Every person commits an offence and is liable on conviction to a fine not
exceeding $3,000 who keeps or has possession of any dog in contravention of
any regulations made under paragraph (c) of subsection (1); and the court shall,
on convicting any person of that offence, make an order for the destruction of
the dog unless satisfied that the circumstances of the offence were exceptional
and are unlikely to be repeated.
(4)
Nothing in subsection (3) makes it an offence for any person—
(a)
to keep a dog, or to have a dog in that person’s possession,—
78
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s 78B
(i)
pursuant to a power of seizure conferred by this Act or any other
Act; or
(ii)
in accordance with an order made under this Act for the destruc-
tion of that dog:
(b)
to impound a dog under this Act:
(c)
to confine a dog in any quarantine facility registered under
section 39 of
the Biosecurity Act 1993:
(d)
to hold a dog in the custody of any society established to prevent cruelty
to animals.
Section 78(1)(ba): inserted, on 1 December 2003, by
section 45(1) of the Dog Control Amendment
Act 2003 (2003 No 119).
Section 78(1)(bb): inserted, on 1 December 2003, by
section 45(1) of the Dog Control Amendment
Act 2003 (2003 No 119).
Section 78(3): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Section 78(3): amended, on 1 December 2003, by
section 45(2) of the Dog Control Amendment Act
2003 (2003 No 119).
78A Regulations adding further breed or type to Schedule 4
(1)
The Governor-General may, by Order in Council, in accordance with a recom-
mendation of the Minister, amend
Schedule 4 by doing 1 or more of the follow-
ing to the schedule:
(a)
adding a further breed or type of dog to the schedule; or
(b)
moving the name or description of any dog from part of the schedule to
another part of the schedule.
(2)
An Order in Council made under subsection (1) may not come into force
except in accordance with a commencement order made under section 78B.
(3)
An order made under subsection (1) is a legislative instrument, but not a disal-
lowable instrument, for the purposes of the
Legislation Act 2012 and must be
presented to the House of Representatives under section 41 of that Act.
Section 78A: inserted, on 1 December 2003, by
section 46 of the Dog Control Amendment Act 2003
(2003 No 119).
Section 78A(3): replaced, on 5 August 2013, by
section 77(3) of the Legislation Act 2012 (2012
No 119).
78B Procedure for bringing Order in Council made under section 78A into
force
(1)
The Governor-General may, by Order in Council, make a commencement order
bringing any Order in Council made under section 78A into force.
(2)
The commencement order may be made only after the Order in Council made
under
section 78A has been approved by resolution of the House of Represen-
tatives.
79
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14 December 2019
(3)
A resolution of the House of Representatives approving the Order in Council
may be made at any time after—
(a)
the date that is 28 days after the date on which notice that the Order in
Council has been made is given in the
Gazette; or
(b)
if the
Gazette notice is given during the period commencing on
24 December in one year and ending on 15 January in the following
year, 15 February of that following year.
(4)
An Order in Council made under
section 78A lapses if—
(a)
a motion to approve the Order in Council is defeated; or
(b)
no motion to approve the Order in Council is agreed to within 1 year of
its date of making.
Section 78B: inserted, on 1 December 2003,
by section 46 of the Dog Control Amendment Act 2003
(2003 No 119).
78C Matters to which Minister must have regard before recommending Order
in Council under section 78A
(1)
Before recommending to the Governor-General that an Order in Council be
made under
section 78A, the Minister must, in respect of each breed or type of
dog referred to in the proposed Order in Council,—
(a)
consult with, and consider any advice given by such representatives
from local government, animal welfare organisations, dog clubs, and
veterinary practices as the Minister considers appropriate; and
(b)
have regard to the matters set out in subsection (2).
(2)
The matters that the Minister must have regard to and seek advice, are—
(a)
the tendency of the breed or type to exhibit aggressive behaviour; and
(b)
the tendency of the breed or type to attack; and
(c)
the risks to public safety if the breed or type is not listed in
Schedule 4
(if any); and
(d)
the companion value of the breed or type (if any); and
(e)
the classification and experience of the breed or type in any other coun-
try; and
(f)
any other matters that the Minister considers relevant.
Section 78C: inserted, on 1 December 2003,
by section 46 of the Dog Control Amendment Act 2003
(2003 No 119).
78D Regulations amending Schedule 5
(1)
The Governor-General may
, by Order in Council, amend Schedule 5 by—
(a)
adding or removing the name of an organisation that is authorised to cer-
tify a dog as being a dog that has been trained (or is being trained) to
assist a person with a disability; or
80
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Reprinted as at
14 December 2019
Dog Control Act 1996
s 80
(b)
amending an item in that schedule referring to an organisation.
(2)
Regulations under this section may be made only on the recommendation of
the Minister after the Minister has consulted the Minister for Disability Issues.
Section 78D: replaced, on 21 March 2019, by
section 6 of the Local Government Regulatory Systems
Amendment Act 2019 (2019 No 6).
79
Consequential amendments
The enactments specified in
Schedule 2 are hereby amended in the manner
indicated in that schedule.
80
Repeals
The enactments specified in
Schedule 3 are hereby repealed.
81
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Reprinted as at
Schedule 1
Dog Control Act 1996
14 December 2019
Schedule 1
Infringement offences and fees
s 65(1)
Schedule 1: substituted, on 28 June 2006, by section 28 of the Dog Control Amendment Act 2006
(2006 No 23).
Infringement fee
Section
Brief description of offence
($)
18
Wilful obstruction of dog control officer or ranger
750
19(2)
Failure or refusal to supply information or wilfully providing
750
false particulars
19A(2)
Failure to supply information or wilfully providing false par-
750
ticulars about dog
20(5)
Failure to comply with any bylaw authorised by the section
300
23A(2)
Failure to undertake dog owner education programme or dog
300
obedience course (or both)
24
Failure to comply with obligations of probationary owner
750
28(5)
Failure to comply with effects of disqualification
750
32(2)
Failure to comply with effects of classification of dog as dan-
300
gerous dog
32(4)
Fraudulent sale or transfer of dangerous dog
500
33EC(1)
Failure to comply with effects of classification of dog as men-
300
acing dog
33F(3)
Failure to advise person of muzzle and leashing requirements
100
36A(6)
Failure to implant microchip transponder in dog
300
41
False statement relating to dog registration
750
41A
Falsely notifying death of dog
750
42
Failure to register dog
300
46(4)
Fraudulent procurement or attempt to procure replacement
500
dog registration label or disc
48(3)
Failure to advise change of dog ownership
100
49(4)
Failure to advise change of address
100
51(1)
Removal, swapping, or counterfeiting of registration label or
500
disc
52A
Failure to keep dog controlled or confined
200
53(1)
Failure to keep dog under control
200
54(2)
Failure to provide proper care and attention, to supply proper
300
and sufficient food, water, and shelter, and to provide
adequate exercise
82
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Reprinted as at
14 December 2019
Dog Control Act 1996
Schedule 1
Infringement fee
Section
Brief description of offence
($)
54A
Failure to carry leash in public
100
55(7)
Failure to comply with barking dog abatement notice
200
62(4)
Allowing dog known to be dangerous to be at large unmuz-
300
zled or unleashed
62(5)
Failure to advise of muzzle and leashing requirements
100
72(2)
Releasing dog from custody
750
83
link to page 81
Reprinted as at
Schedule 2
Dog Control Act 1996
14 December 2019
Schedule 2
Enactments amended
s 79
Animals Protection Act 1960 (1960 No 30) (RS Vol 6, p 1)
Amendment(s) incorporated in the Act(s).
Local Government Act 1974 (1974 No 66) (RS Vol 25, p 1)
Amendment(s) incorporated in the Act(s).
Ombudsmen Act 1975 (1975 No 9) (RS Vol 21, p 657)
Amendment(s) incorporated in the Act(s).
Privacy Act 1993 (1993 No 28)
Amendment(s) incorporated in the Act(s).
Summary Proceedings Act 1957 (1957 No 87) (RS Vol 9, p 583)
Amendment(s) incorporated in the Act(s).
84
link to page 81
Reprinted as at
14 December 2019
Dog Control Act 1996
Schedule 3
Schedule 3
Enactments repealed
s 80
Biosecurity Act 1993 (1993 No 95)
Amendment(s) incorporated in the Act(s).
Dog Control and Hydatids Act 1982 (1982 No 42)
Dog Control and Hydatids Amendment Act 1983 (1983 No 68)
Dog Control and Hydatids Amendment Act 1985 (1985 No 172)
Dog Control and Hydatids Amendment Act 1988 (1988 No 184)
Dog Control and Hydatids Amendment Act 1992 (1992 No 9)
Local Government Amendment Act 1992 (1992 No 42)
Amendment(s) incorporated in the Act(s).
Local Government Reform (Transitional Provisions) Act 1990 (1990 No 27)
Amendment(s) incorporated in the Act(s).
Public Bodies Contracts Act 1959 (1959 No 98) (RS Vol 27, p 795)
Amendment(s) incorporated in the Act(s).
Public Finance Act 1989 (1989 No 44) (RS Vol 33, p 419)
Amendment(s) incorporated in the Act(s).
Summary Proceedings Amendment Act 1993 (1993 No 47)
Amendment(s) incorporated in the Act(s).
Weights and Measures Amendment Act 1991 (1991 No 9)
Amendment(s) incorporated in the Act(s).
85
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Reprinted as at
Schedule 4
Dog Control Act 1996
14 December 2019
Schedule 4
Breed and type of dog subject to ban on importation and muzzling
ss 30A, 33A, 33C, 78A–78C
Schedule 4: added, on 1 December 2003, by
section 50 of the Dog Control Amendment Act 2003
(2003 No 119).
Part 1
Breed of dog
Brazilian Fila
Dogo Argentino
Japanese Tosa
Perro de Presa Canario
Part 2
Type of dog
American Pit Bull Terrier
Schedule 4 Part 1: amended, on 18 August 2011, by
clause 3 of the Dog Control (Perro de Presa Can-
ario) Order 2010 (SR 2010/369).
86
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Reprinted as at
14 December 2019
Dog Control Act 1996
Schedule 5
Schedule 5
Organisations authorised to certify dogs as disability assist dogs
ss 2, 78D
Schedule 5: inserted, on 21 March 2019, by
section 7 of the Local Government Regulatory Systems
Amendment Act 2019 (2019 No 6).
Assistance Dogs New Zealand
Hearing Dogs for Deaf People New Zealand
K9 Medical Detection New Zealand
Mobility Assistance Dogs Trust
New Zealand Epilepsy Assist Dogs Trust
Perfect Partners Assistance Dogs Trust
Royal New Zealand Foundation of the Blind Incorporated
Schedule 5
Assistance Dogs New Zealand: inserted, on 28 June 2019, by
clause 3(2) of the Dog
Control (Schedule 5) Order 2019 (LI 2019/145).
Schedule 5
K9 Medical Detection New Zealand: inserted, on 28 June 2019, by
clause 3(2) of the
Dog Control (Schedule 5) Order 2019 (LI 2019/145).
Schedule 5
Perfect Partners Assistance Dogs Trust: inserted, on 28 June 2019, by
clause 3(2) of
the Dog Control (Schedule 5) Order 2019 (LI 2019/145).
Schedule 5
Top Dog Companion Trust: repealed, on 28 June 2019, by
clause 3(1) of the Dog Con-
trol (Schedule 5) Order 2019 (LI 2019/145).
87
Reprinted as at
Dog Control Act 1996
14 December 2019
Dog Control Amendment Act 2003
Public Act
2003 No 119
Date of assent
17 November 2003
Commencement
see section 2
1
Title
(1)
This Act is the Dog Control Amendment Act 2003.
(2)
In this Act, the Dog Control Act 1996 is called “the principal Act”.
2
Commencement
(1)
Section 32 comes into force on 1 June 2004.
(2)
Section 24 comes into force on 1 July 2006.
(3)
Section 23 comes into force on a date to be appointed by the Governor-General
by Order in Council, and 1 or more Orders in Council may be made appointing
different dates for different provisions and for different purposes.
(4)
The rest of this Act comes into force on 1 December 2003.
Section 2(2): amended, on 7 July 2004, by
section 27(2) of the Dog Control Amendment Act 2004
(2004 No 61).
Part 5
Other related amendments
47
Transitional provision
A territorial authority must, before 1 September 2004, review its policy on
dogs to ensure that it complies with section 10(4) on and from that date.
88
Reprinted as at
14 December 2019
Dog Control Act 1996
Dog Control Amendment Act 2006
Public Act
2006 No 23
Date of assent
27 June 2006
Commencement
see section 2
1
Title
This Act is the Dog Control Amendment Act 2006.
2
Commencement
This Act comes into force on the day after the date on which it receives the
Royal assent.
5
Duty of territorial authorities to adopt policy on dogs
(1)
Amendment(s) incorporated in the Act(s).
(2)
Section 10(3)(ea) and (eb) (as inserted by subsection (1))—
(a)
do not apply to a dog policy adopted before the commencement of this
Act; but
(b)
do apply to a dog policy adopted before the commencement of this Act
that is amended under section 10(8) of the principal Act or reviewed
under section 10AA of the principal Act (as inserted by section 6 of this
Act).
(3)
Amendment(s) incorporated in the Act(s).
89
Reprinted as at
Notes
Dog Control Act 1996
14 December 2019
Reprints notes
1
General
This is a reprint of the Dog Control Act 1996 that incorporates all the amend-
ments to that Act as at the date of the last amendment to it.
2
Legal status
Reprints are presumed to correctly state, as at the date of the reprint, the law
enacted by the principal enactment and by any amendments to that enactment.
Section 18 of the Legislation Act 2012 provides that this reprint, published in
electronic form, has the status of an official version under
section 17 of that
Act. A printed version of the reprint produced directly from this official elec-
tronic version also has official status.
3
Editorial and format changes
Editorial and format changes to reprints are made using the powers under
sec-
tions 24 to 26 of the Legislation Act 2012. See also
http://www.pco.parlia-
ment.govt.nz/editorial-conventions/.
4
Amendments incorporated in this reprint
Dog Control (Category 1 Offences) Amendment Act 2019 (2019 No 75)
Dog Control (Schedule 5) Order 2019 (LI 2019/145)
Local Government Regulatory Systems Amendment Act 2019 (2019 No 6):
Part 1
District Court Act 2016 (2016 No 49): section 261
T
e Urewera Act 2014 (2014 No 51): section 138
Legislation Act 2012 (2012 No 119):
section 77(3)
Dog Control Amendment Act 2012 (2012 No 100)
Biosecurity Law Reform Act 2012 (2012 No 73):
section 93
Search and Surveillance Act 2012 (2012 No 24): sections 232, 233
Criminal Procedure Act 2011 (201
1 No 81): section 413
Dog Control (Perro de Presa Canario) Order 2010 (SR 2010/369)
Private Security Personnel and Private Investigators Act 2010 (2010 No 115):
section 121(1)
Dog Control Amendment Act 2010 (2010 No 62)
Policing Act 2008 (2008 No 72): section 116(a)(ii)
Dog Control Amendment Act 2006 (2006 No 23)
Dog Control Amendment Act 2004 (2004 No 61)
Dog Control Amendment Act 2003 (2003 No 119)
Local Government Act 2002 (2002 No 84):
section 262
Animal W
elfare Act 1999 (1999 No 142): sections 194, 198
Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100): section 5(1)(c)
Customs and Excise Act 1996 (1996 No 27): section 294(1)
90
Reprinted as at
14 December 2019
Dog Control Act 1996
Wellington, New Zealand:
Published under the authority of the New Zealand Government—2019
91
