New Zealand Acts

DOG CONTROL ACT 1996 - SECT 33A

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

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 menacing 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.

History: 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).