HUTT CITY COUNCIL
DOG CONTROL POLICY 2015

Division
Strategy and Planning
Date created
December 2015
Publication date
February 2016
Review period
December 2025
Owner
Graham Sewell
Approved by
Wendy Moore

Version
Author
Date
Description
Approved by Council
V 1.0
Graham Sewell
08/02/2016
15 December 2015

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HUTT CITY COUNCIL DOG CONTROL POLICY 2015
OVERVIEW
Under the Dog Control Act 1996, Council is responsible for dog control within Hutt City. Council has
many powers under that Act (for example the power to declare dogs to be dangerous or menacing
dogs).
The purpose of this policy is to let the Hutt City Community know how Council will approach carrying
out its functions and powers under that Act.
In Hutt City Council’s Annual Plan 2014 - 2015 it is noted that dog control is necessary to achieving a
clean, healthy, attractive and sustainable environment. Council has established resident satisfaction
targets concerning dog control.
The aim of this policy is to balance the needs of two general groups:
  Those people who own a dog(s). In this regard Council aims to encourage responsible dog
ownership and support the needs of dog owners, for example by establishing exercise areas for
dogs; and
  The general public. In this regard Council needs to support the right for people to move freely
around within the city without experiencing danger, distress or nuisance from dogs, for example by
establishing areas within the city where dogs are prohibited or restricted.
Council has undertaken a review of the current Hutt City Dog Policy 2005 to ensure that its approach
to doc control meets the needs of dogs and their owners balanced against the needs of the wider
community. This has been done in accordance with the requirements of the Dog Control Act 1996.
DOG CONTROL ACT 1996
The Dog Control Act 1996 requires each territorial authority to adopt a Dog Control Policy for its
district. In adopting a policy, a territorial authority must have regard to -
  the need to minimise danger, distress, and nuisance to the community generally; and
  the need to avoid the inherent danger in allowing dogs to have uncontrolled access to public places
that are frequented by children, whether or not the children are accompanied by adults; and
  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
  the exercise and recreational needs of dogs and their owners.
In the policy, territorial authorities are required to:
a.  specify the nature and application of any bylaws made or to be made to give effect to the Policy;
and
b.  identify any public places where dogs are to be prohibited under a bylaw; and
c.  identify any particular public places, in which dogs (other than working dogs) are to be required by
a bylaw to be controlled on a leash; and
d.  identify those areas or parts of the district in respect of which dogs will not be prohibited or required
to be controlled on a leash; and
e.  identify any places that are to be designated by a bylaw as dog exercise areas; and
f.  include such other details as the territorial authority thinks fit including, but not limited to:
i.
fees or proposed fees; and
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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.
Every statement or publication of a policy adopted under this section is required to 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; and
may contain such other information and advice in relation to dogs as the territorial authority thinks fit.
The territorial authority must give effect to a policy adopted under this section by making the
necessary bylaws and may not have in place any bylaws that are inconsistent with the policy.
This Policy has been divided into three sections. Part 1, Dog Control, sets out such matters as how
dog exercise and prohibition areas are established. Part Two sets out Dog Owners Responsibilities
and Part Three deals with Administration and Enforcement.

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1.  DOG CONTROL
1.1  OVERVIEW
1.1.1  In order to meet the reasonable needs of dog owners and promote animal welfare, to
clearly identify to the public where dogs may and may not be exercised, and to minimize
danger, distress and nuisance to the community generally and to safeguard the welfare of
children the Council will designate specified dog exercise areas and specified dog
prohibition areas.
1.1.2  Dogs not under the control of their owners or a person in charge, will be prohibited from
all public places at all times. The Council will put signposts at public places where dogs
are prohibited or permitted during specified times.
1.2  DOG PROHIBITION AREAS
1.2.1  In order to minimise danger, distress and nuisance to the community generally and to
safeguard the welfare of children, areas within Hutt City will be designated as dog
prohibition areas. Dogs will not be permitted to enter or remain in these areas. This is the
responsibility of the dog’s owner.
1.2.2  Dog prohibition areas are set out in the Hutt City Council Dog Control Bylaw 2015 (the
Bylaw) and can also be established by ordinary Council resolution under the Bylaw. They
are set out on the Council website at huttcity.govt.nz. Dog Prohibition areas will be clearly
identified to the public. Areas where dogs are not permitted include playing fields and
children’s playgrounds within Council’s parks and reserves.
1.2.3   Dog owners can have their dogs on any public places that are not specified prohibited
public places or specified dog exercise areas, as long as the dogs are under proper
control by being secured effectively by a leash, chain or lead.
1.2.4  The matters that Council must have regard to under the Bylaw in making a decision to
establish or disestablish a dog prohibition area are as follows:
a.  the need to minimise danger, distress, and nuisance to the community generally;
b.  the need to avoid the inherent danger in allowing dogs to have uncontrolled access to
public places that are frequented by children, whether or not the children are
accompanied by adults;
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;
d.  the exercise and recreational needs of dogs and their owners;
e.  impact on wildlife areas;
f.  whether it is necessary to consult with the public to gauge community views on a
proposed dog exercise area;
g.  any other information considered by the Council to be relevant.
1.3  DOG EXERCISE AREAS
1.3.1  In order to meet the reasonable needs of dog owners and promote animal welfare and also to
clearly identify to the public where dogs may and may not be exercised, the Council will
designate specified dog exercise areas.
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1.3.2  Designated dog exercise areas are established by ordinary Council resolution under the Hutt
City Council Dog Control Bylaw 2015. They are set out on Councils website at huttcity.govt.nz.
It is important to have a number of exercise areas available within Hutt City for dogs to be
exercised. These are clearly signposted and include most Council parks and reserves, the Hutt
River banks and drainage reserves in Wainuiomata.
1.3.3  The matters that Council must have regard to in making a decision to establish or disestablish a
dog exercise area are as follows:
h.  (the need to minimise danger, distress, and nuisance to the community generally;
i.   the need to avoid the inherent danger in allowing dogs to have uncontrolled access to public
places that are frequented by children, whether or not the children are accompanied by
adults;
j.  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;
k.  the exercise and recreational needs of dogs and their owners;
l.  impact on wildlife areas;
m. whether it is necessary to consult with the public to gauge community views on a proposed
dog exercise area;
n.  any other information considered by the Council to be relevant.
1.4  DESIGNATION OF EXERCISE AND PROHIBITION AREAS AND MAPS
1.4.1  Dog exercise areas and dog prohibition areas will be clearly signposted.
1.4.2  Owners or anyone in control of a dog being exercised within such a dog exercise area must
carry their dogs leash and not allow the dog to foul the area. However, no offence will be
committed against the bylaw if such people remove the droppings immediately.
1.4.3  Owners of dogs that enter or remain in a dog prohibition area will be liable for prosecution for a
breach of the Bylaw.
1.5  DEPARTMENT OF CONSERVATION LAND
Under the Conservation Act 1987, the Minister of Conservation can, by notice in the Gazette, declare
any part or parts of land managed and administered by the Minister or Department to be either a
controlled dog area or an open dog area.
To identify such areas within the Lower Hutt district, please refer to the Department of Conservation
website:  www.doc.govt.nz
2.  OWNER RESPONSIBILITIES
2.1  OVERVIEW
2.1.1  Council recognises the importance of owner responsibility and education and wishes to have in
place policies and measures that support responsible dog owner status and send clear signals
as to the preferred way that owners should carry out their responsibilities as dog owners. The
measures that Council will have in place to support and promote responsible dog owner
behaviour are as follows:
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  Pamphlets will be available and, when appropriate, distributed to dog owners explaining their
obligations and rights, and the provisions of the Dog Control Bylaw;
  Closer links and partnerships will be sought with dog training and obedience clubs to
formally recognise their role in effective owner education and dog obedience;
  In order to support dog owners in fulfilling their responsibilities, the Council’s Animal Control
Officers will be available to give dog owners advice on all matters relating to the keeping and
control of dogs;
  A fee rebate is available to dog owners who qualify as responsible dog owners under
Council’s criteria set out below;
  Council will actively enforce the bylaws and the Dog Control Act.
2.2  OWNER OBLIGATIONS, EDUCATION AND DOG OBEDIENCE
2.2.1  In addition to the requirements of any other Act or of any regulations or bylaws regulating the
control, keeping, and treatment of dogs, the Dog Control Act 1996 requires 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 nuisance 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, endanger, intimidate, or
otherwise cause distress to any person:
g.  To take all reasonable steps to ensure that the dog does not injure, endanger, 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.
2.3  RESPONSIBLE DOG OWNER STATUS
2.3.1  Council will encourage responsible dog ownership by formally recognising “responsible dog
owner" status, dog ownership education programmes and dog obedience courses. Responsible
dog owner status will qualify owners for significantly lower registration fees under the Act. The
Council will also recognise alternative methods of demonstrating competence in dog ownership
by owners showing to Animal Control Officers that they are able to control their dogs on a leash,
off a leash and in other situations.
2.3.2  Applications for Responsible Dog Owner Status may only be made between 1 February and 30
May in each year. In order to obtain Responsible Dog Owner Status, in addition to the
obligations imposed on every dog owner by the Act, owners are required by Hutt City Council
to:
a.  Make a written declaration that they will comply with the requirements for Responsible Dog
Owner status and understand that any breaches of the Dog Control Act 2003 or City Bylaws
will lead to the immediate cancellation of the Responsible Owner status for a period of 2
years;
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b.  Register their dog(s) by 31 July in any registration year;
c.  Have their property fully fenced or the dogs penned or controlled in such a way that safe
access to the front door is assured for people lawfully about their business and that the dog
cannot escape from the property;
d.  Demonstrate that they have full control over their dogs both on and off a leash and in other
situations. This can be proved by presentation of a certificate from an approved trainer that
the dog and owner have passed a Grade 2 Dog Obedience Course or by a practicable
demonstration to a Hutt City Animal Control Officer;
e.  The dog(s) are provided with a warm and dry, draft free kennel, given proper exercise and
sufficient food daily and have access to a clean water supply at all times;
f.  Clean up after their dog if it fouls any public place or property owned by any other person
and ensure it is leashed in public places when not being exercised under control in a
designated dog exercise area;
g.  Notify Council of any changes of address, transfer of ownership or death of their dogs;
h.  Dogs need to have been registered with Hutt City Council for a period of 12 months prior to
owners applying for responsible dog owner status.
2.4  PERMIT FOR 3 OR MORE DOGS
2.4.1  In order to minimise the potential nuisance and danger to the community caused by dogs, and
to ensure that adequate provision is being made for the care and welfare of dogs, under the
Bylaw a licence is required if occupiers of premises in the city wish to keep three or more dogs
aged three months or more on their premises at any one time. This does not apply to rural
working dogs.
2.5  OWNERS TO KEEP DOGS UNDER EFFECTIVE CONFINEMENT AND
CONTROL
2.5.1  To enable the public, to the extent that is practicable, to use streets and public amenities
without fear of attack or intimidation by dogs and to minimise nuisance to the community
generally caused by dogs, dog owners must prevent their dogs from wandering by keeping
them under proper control or under effective confinement, especially at night. This includes, to
the extent possible -
  Keeping every bitch, while in season, confined or under control while being exercised;
  Taking all practicable steps to stop their dog barking, howling or being aggressive; and
  Cleaning up after their dogs defecate in any public place, or on land or premises other than
the owner's. Droppings must be disposed of in an approved manner i.e. in a bin.
2.6  ACCESS TO FRONT DOOR
2.6.1  Safe access to a dog owner's front door is to be provided at all times, to people lawfully going
about their business. Where the gate is locked to prevent access, this requirement does not
apply.
2.6.2  The intention is to ensure that people entering a property are not attacked by aggressive or
savage dogs. Owners must ensure that such dogs are penned, chained or contained in the rear
yard.
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2.7  DISABILITY ASSIST AND WORKING DOGS
2.7.1  The Act contains some specific exceptions for certain types of dogs. Section 75 of the Dog
Control Act 1996 provides exclusion for a disability assist dog accompanying or assisting a
person with a disability, or any person engaged in training such a dog may enter and remain:
a.   In any premises registered under regulations made pursuant to Section 120 of the Health
Act 1956; or
b.   In any public place, subject to compliance with any reasonable condition   imposed by the
occupier or person having control of the premises or public place, as the case may be.
2.7.2  Under Section 2 of that Act Working Dogs are defined as:
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 purposes
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 department; or
iv.
kept solely or principally for the purposes of destroying pests or pest agents under any
pest management plan under the Biosecurity Act 1993; or
v.
kept by the Department of Corrections or any officer or employee of that department
solely or principally for the purposes of carrying out the functions, duties, and powers of
that department; or
vi.
kept by the Aviation Security Service under 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
vii.
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
viii.
owned by a property guard as defined in the Private Security Personnel and Private
Investigators Act 2010 or a property guard employee as defined in that Act, and kept
solely or principally for the purpose of doing the things specified in that Act; or
ix.
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 specified in the resolution and kept solely or principally for the purposes
specified in the resolution.
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3.  ADMINISTRATION AND ENFORCEMENT
3.1  REGISTRATION FEES
3.1.1  Fees under the Dog Control Act are set by Council resolution and notified in the Long Term
Council Community Plan and on the Council’s website: huttcity.govt.nz.
3.1.2  Council will fix reasonable dog registration fees to allow effective management and enforcement
of the Dog Control Act 1996 and Council bylaws. All revenue received and retained under the
Act will be used only for purposes authorised by or under the Act. The fee structure will
recognise dog owners who are licensed as "responsible dog owners", or who have had their
dogs neutered or spayed. Incentives will be available to encourage owners to register their dogs
before July 31 each year.
3.2  ENFORCEMENT
3.2.1  The Act and Bylaw will generally be enforced by Hutt City Council Animal Control Officers.
There are a range of possible enforcement tools including:
  Seizure of dog
  Issue of infringement notices and fines
  Prosecution with fines of $ being possible
  Declaring a dog menacing or dangerous
  Prohibiting people from owing dogs
3.2.2  The Council aims to enforce the Dog Control Act 1996 and the Dog Control Bylaw in order to
meet the objects of that Act. To that end, the Council will undertake prosecutions for breaches
of the bylaw, and issue infringement notices for offences specified in the First Schedule to the
Act. Recovery of unpaid infringement fees will be sought through the Summary Proceedings Act
1957, in the courts.
3.2.3  In addition to powers of prosecution and issuing infringement notices, the Council has a number
of other powers under the Act which will also be carried out with the aim of safeguarding the
public and minimising nuisance caused by dogs and ill-treatment of dogs.
3.2.4  To enable the public, to the extent that is practicable, to use streets and public amenities
without fear of attack or intimidation by dogs, dogs found roaming in any public place or on
another person’s property, whether or not they are wearing collars or properly registered, will be
impounded.
3.2.5  In addition, where the Council receives complaints, Animal Control Officers may take
appropriate action including seizing a dog that is not being properly provided for.
3.3  PROBATIONARY OWNERS
3.3.1  The Council notes that the Act establishes disincentives for owners who are issued with repeat
infringement notices under the Dog Control Act. Such behaviour can affect that person’s ability
to register future dogs and so impact on their ability to lawfully own dogs in the future.
3.3.2  Section 21 of the Dog Control Act 1996 provides for the classification of a dog owner as a
probationary owner. This applies where that person has been convicted of any offence against
the Act (except an infringement offence), or has committed three or more infringement offences
within a continuous period of two years.
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3.3.3  Under the Act “Probationary Owner “status will last for 24 months. Probationary owners will not
be allowed to register any dog unless they were the registered owner of the dog at the time of
the offence.
3.3.4  Probationary owners will be required to pay a 50 percent surcharge over and above all dog
control fees.
3.4  DISQUALIFICATION OF OWNERS
3.4.1  Dog owners will be disqualified from owning a dog under Section 25 of the Dog Control Act
1996 if they are convicted of an offence (not being an infringement offence) against the Act
while a probationary owner at the time of the offence. Disqualified owners will not be allowed to
own a dog for up to five years after the offence.
3.5  MENACING DOGS – REQUIREMENT TO BE NEUTERED
3.5.1  Dog Control Act 1996 provides that a territorial authority must 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 of the Act.
3.5.2  These breeds are currently Brazilian Fila, Dogo Argentino, Japanese Tosa, and Americal Pit
Bull Terrier. In addition a territorial authority may classify a dog as menacing under the Act in
relation to the dog’s behaviour. An owner of a dog that is classified as menacing may object to
this classification and has the right to be heard. The territorial authority may require that the
owner of a menacing dog is required to produce evidence that the dog has been neutered or
that it is not in a fit condition to be neutered by the specified date.
3.5.3  It is Council policy in all cases where dogs are classified as menacing because of their breed (ie
because they are one of the breeds of dogs specified in the 4th Schedule to the Act) or
behaviour to require evidence that the dog has been neutered or is unfit to be neutered by the
specified date.
3.6  BARKING DOGS
3.6.1  Where a dog control officer has received a complaint and has reasonable grounds for believing
that a nuisance is being created by the persistent and loud barking or howling of any dog, the
officer may:
  Enter the premises to inspect.
  Serve written notice requiring the nuisance to be reduced to a reasonable level, or
  Remove the dog from the land or premises.
3.6.2  Owners may appeal to the Council within seven days against these notices. Where a notice has
been served and the dog causes a nuisance by barking, the dog control officer may remove the
dog from the premises.
3.7  DOGS ATTACKING PEOPLE OR ANIMALS
3.7.1  Where a dog control officer observes or believes a dog has attacked a person or animal, the
officer may:
  At the time, seize the dog if it is at large; or
  If the dog continues to be a threat to the safety of people or animals, seize the dog.
3.7.2  The matter may also be taken to court, where the dog control officer might ask that the dog be
destroyed and that penalties be imposed.
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3.8  DANGEROUS DOGS
3.8.1  Where a dog is declared a "dangerous dog" under the Act, the dog must be muzzled at all times
while in a public place and neutered or spayed within one month of the classification. The dog
must also be kept in a secure area within the property and the owner must pay a higher
registration fee.
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