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DOG CONTROL ACT 1996 - SECT 33B
Objection to classification of dog under section 33A
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
persons 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.
History: Section
33B: inserted, on 1 December 2003, by section 21 of the Dog Control Amendment
Act 2003 (2003 No 119).
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