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Dog Control Act 1996

Our page gives a summary to help dog owners understand their obligations and responsibilities.

 

You can view the entire Dog Control Act 1996 from here.  For the sake of the following information on dog control, the term "dog" refers to one or more dogs of any breed or mixed breed over the age of 3 months.

 

The Dog Control Act 1996 makes Council's responsible for the control of dogs and makes the registration of dogs mandatory each year.  This legislation stipulates that it is an offence to own a dog over the age of three months that is not registered.

 

The objectives of the Act are:

1. To make better provisions for the care and control of dogs:

     a)  by requiring the registration of dogs; and

     b)  by making special provision in relation to dangerous dogs; and

     c)  by imposing on the owners of dogs, obligations designed to ensure dogs do not cause a nuisance to any person and do not injure, endanger, or cause distress to any person; and

     d)  by imposing on owners of dogs, obligations designed to ensure that dogs do not injure stock, poultry, domestic animals, or protected wildlife; and

2. To make provision in relation to damage caused by dogs.

 

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Under the Act, all dogs must be registered with the Council before the age of three months and thereafter during the month of July each year.

The Council is required to keep a register of dogs registered within its area boundaries. 

 

Information required to be described on the register includes:

• name, address, date of birth of the owner AND the dog (please note that the Act makes this mandatory for ALL owners to provide their date of birth)
• address at which the dog is kept
• description of the dog (i.e. breed, colour, distinguishing marks, microchip number, etc)
• age and sex of dog and whether the dog has been desexed
• the registration number of the tag or disc issued to that dog
• other information considered necessary by Council for the purposes of the Act

 

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General Obligations of a Dog Owner...

The Dog Control Act 1996 requires every dog owner to:

• ensure the dog is registered in accordance with the Act, and that all relevant territorial authorities are promptly notified of any change of address or ownership of the dog;
• ensure that the dog is kept under control at all times;
• ensure that the dog receives proper care and attention and is supplied with proper and sufficient food, water and shelter;
• ensure that the dog receives adequate exercise;
• take all reasonable steps to ensure that the dog does not cause any nuisance to any other person, whether by persistent and loud barking or howling, or by any other means;
• take all reasonalbe steps to ensure the dog does not injure, endanger, intimidate, or otherwise cause distress to any person;
• take all reasonable steps to ensure the dog does not injure, endanger or cause distress to any stock, poultry, domestic animal or protected wildlife;
• take all reasonable steps to ensure that the dog does not damage or endanger any property belonging to any other person;
• comply with the requirements of the Dog Control Act and all Regulations and Bylaws made under the Act

 

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Each council have their own bylaws which essentially describes how dogs must be controlled in public places to reduce the likelihood of dangerous behaviour and nuisance situations arising.

 

These Bylaws are specific to that area and can include bylaws on:

• control of dogs on a leash
• dog exercise areas
• public places
• fouling in public places
• permit to keep more than one dog
• dog control fees

 

Dog owners failing to comply with any part of the bylaw may be given an infringement notice of $300.00.

 

The Dog Control Act was amended and key provisions came into force on 1 December 2003.

 

Check Auckland City's or Papakura District  pages for links to their specific bylaws.

 

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Menacing Dog Classification, Dangerous Dog Classification, Probationary Owner, Disqualified Owner

Parliament restricted the importing, breeding and sale of four breeds of dogs.  They are:

1. Amercian Pit Bull Terrier
2. Dogo Argentino
3. Brazilian Fila
4. Japanese Tosa

A new catergory of 'menacing dog' was created.  If a Council considers that a dog poses a threat to any person, stock, poultry, domestic animal, or protected wildlife because of:

• any observed or reported behaviour of the dog; or
• any characteristics typically associated with the dog's breed or type;

the council may declare the dog to be a menacing dog.

 

If a council has reasonable grounds to believe that a dog belongs wholly or predominately to one of the four breeds/types listed above, it must classify the dog as menacing. 

Menacing dogs must be muzzled and on a leash when in public and may be requried by the council to be desexed.

 

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Councils may now disqualify someone from owning a dog or declare them to be a probationary owner if they incur more than three infringement offences within two years, or are convicted of an offence under the Dog Control Act 1996.

A council may require probationary owners to undertake a dog education and/or a dog obedience course approved by the council.

 

Dangerous dogs must now be leashed when in public and owners of dangerous and menacing dogs must advise anyone to whom they give the dog, the requirement that it be muzzled and leashed when in public.

 

Penalties...

Owners whose dogs are required by the courts to be destroyed will now be required to produce a certificate from a vet or dog control officer that the dog has been destroyed.

 

It is an offence to attempt to unlawfully release a dog from a shelter as well as to be in possession of a dog that has been unlawfully released from a shelter.

 

Most fines for court imposed penalties have been increased.  The most significant is for owning a dog involved in a serious attack.  The penalty has been increased from a maximum of 3 months imprisonment or a fine of up to $5,000 to 3 years imprisonment or a fine of up to $20,000.  Infringement fees have also increased by varying amounts.

 

From 1 June 2004, a dog owner must ensure at all times that, when their dog is on their property, it is either (a) under the direct control of a person, or (b) confined in such a manner that it cannot freely leave the property.  If this requirement is not met the dog may be seized.

This means that you must, at all times, confine your dog behind fences, on a running wire or chain.

 

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Details you must supply Animal Control Officers...

Under Section 19 of the Dog Control Act, any dog control officer may, for the purposes of the Act, request the following details:

• full name
• date of birth
• address
• contact phone numbers
• place of work (if applicable)

 

The officer may request those details from:

• any person 'appearing' to be in charge or any dog, or
• any person 'appearing' to be the occupier of any land or premises on which for the time being a dog is being kept

 

If the person claims not to be the owner of the dog, that person must state:

• name of dog owner
• address of dog owner
• place of work of dog owner (if applicable)

 

Failure to cooperate and supply the above information to a dog control officer may result in an Infringement Notice with a fine of $750.00

 

Under Section 19A of the Dog Control Act 1996, any dog control officer may, for the purpose of this act, request from the owner, about the dog:

• name
• gender
• description (including breed, sex, colour, age, microchip number)

 

Failure to cooperate and supply the above information to a dog control officer may result in an Infringement Notice with a fine of $750.00

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Powers of Councils...

The powers for dog control officers to seize unregistered dogs, dogs that have attacked or rushed, and dogs not receiving adequate food, water, or shelter have been clarified and in some cases strengthened.

Dog control officers can seize a dog on private land where the dog is not constrained or under the control of a person over 16 years, if the dog has been off the property not under control, and if it is unregistered. Councils will also have the power to request information about the dog (see above section on Details you must supply an Animal Control Officer ).

Dog control officers can issue infringement notices for breaches of the act.

Microchipping...

All dogs first registered on or after 1 July 2006, and all dogs classifed as dangerous or menacing since 1 December 2003 are required to be microchipped.  Dangerous and menacing dogs classifed before 1 July 2006, will need to be microchipped within two months of that date.  Dogs released from pounds after 1 July 2006 will also be required to be microchipped, if impounded for the second time by the territorial authority.

If your dog fails into one of these categories, contact your local vet in relation to having your dog microchipped.  Or you could check the yellow pages online.

For further information see the legislation website or your local council's website.

 

For more information on the services we provide, check out our list of Information Links .

 

For any other contact details for other agencies or Councils, try our Links page.

 

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