New Zealand Acts

DOG CONTROL ACT 1996 - SECT 33D

33D Objection to classification of dog under section 33C

1 If a dog is classified as a menacing dog under section 33C , 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 If an owner objects to the classification, he or she must provide evidence that the dog is not of a breed or type listed in Schedule 4 .

3 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) the matters relied on in support of the objection; and

c) any other relevant matters.

4 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 33D: inserted, on 1 December 2003, by section 21 of the Dog Control Amendment Act 2003 (2003 No 119).