New Zealand Acts

DOG CONTROL ACT 1996 - SECT 32

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 certifying—

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

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 classified 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 circumstances 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 commits 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 modifications.

History: 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).     Section 32(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).