Dog Control Act 1996

2: Interpretation

You could also call this:

"What words mean in the Dog Control Act 1996"

The Dog Control Act 1996 has many definitions that you need to know. You will see terms like disability assist dog, which is a dog trained to help someone with a disability, and is certified by an organisation listed in Schedule 5. A district is the area controlled by a territorial authority.

A dog control fee is a fee set under section 37 of the Act. A dog control officer is someone appointed under section 11 of the Act, and includes warranted officers with certain powers under section 17. A dog ranger is someone appointed under section 12 of the Act.

A domestic animal includes pets, working dogs, and animals kept for fun or work. An infringement offence is defined in section 65(1) of the Act. The Minister is the person in charge of the Act.

A neutered dog is a dog that has been spayed or castrated. The owner of a dog is the person who owns the dog, has the dog, or is the parent or guardian of someone under 16 who owns the dog, but does not include someone who has taken the dog under the Act or other laws like the Animal Welfare Act 1999.

Poultry includes birds like chickens, ducks, and turkeys that are kept for eggs, meat, or other products. A private way is defined in section 315(1) of the Local Government Act 1974. Protected wildlife includes animals that are fully or partially protected under the Wildlife Act 1953, and marine mammals.

A public place is an area that is open to the public, like a park or a beach. A register is a list of dogs kept by a territorial authority under section 34 of the Act. A registration year is the same as a financial year, as defined in section 5(1) of the Local Government Act 2002.

A specified agency includes organisations like the Department of Conservation and the New Zealand Police. Stock includes animals like horses, cows, and sheep that are kept on a farm. A territorial authority is a local council, as defined in the Local Government Act 2002.

A veterinarian is a animal doctor, as defined in section 4 of the Veterinarians Act 2005. A warranted officer is someone who has a special warrant under the Conservation Act 1987. A working dog is a dog that is used for a specific job, like helping someone with a disability, or herding sheep.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM374415.


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"The government must follow this law, except for a few specific parts."

2Interpretation

  1. In this Act, unless the context otherwise requires,—

    disability assist dog means a dog certified by one of the organisations listed in Schedule 5 as being a dog that has been trained (or is being trained) to assist a person with a disability

      district means the district of a territorial authority

        dog control fee means any fee prescribed under section 37

          dog control officer means a dog control officer appointed under section 11; and includes a warranted officer exercising powers under section 17

            dog ranger means a dog ranger appointed under section 12; and includes an honorary dog ranger

              domestic animal includes—

              1. any animal (including a bird or reptile) kept as a domestic pet:
                1. any working dog:
                  1. any other animal kept by any person for recreational purposes or for the purposes of that person's occupation or employment

                    infringement offence has the meaning given to it in section 65(1)

                      Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

                        neutered dog means a dog that has been spayed or castrated; and does not include a dog that has been vasectomised

                          owner, in relation to any dog, means every person who—but does not include any person who has seized or taken custody of the dog under this Act or the Animal Welfare Act 1999 or the National Parks Act 1980 or the Te Urewera Act 2014 or the Conservation Act 1987 or any order made under this Act or the Animal Welfare Act 1999

                          1. owns the dog; or
                            1. has the dog in his or her possession, whether the dog is at large or in confinement, otherwise than for a period not exceeding 72 hours for the purpose of preventing the dog causing injury, damage, or distress, or for the sole purpose of restoring a lost dog to its owner; or
                              1. the parent or guardian of a person under the age of 16 years who—
                                1. is the owner of the dog pursuant to paragraph (a) or paragraph (b); and
                                  1. is a member of the parent or guardian's household living with and dependent on the parent or guardian;—

                                  poultry means any live bird (including a domestic fowl, a duck, a goose, a turkey, a guinea-fowl, a pheasant, an emu, an ostrich, a quail, or a pigeon) that is kept or raised for the purpose of sale or of producing eggs, hatching eggs, or poultry products or for the purpose of rearing on behalf of another person

                                    private way has the meaning given to it by section 315(1) of the Local Government Act 1974

                                      protected wildlife means—

                                      1. any animal for the time being absolutely protected pursuant to section 3 of the Wildlife Act 1953; and
                                        1. any animal for the time being partially protected pursuant to section 5 of the Wildlife Act 1953, other than an animal in such circumstances that it may be hunted or killed under the authority of subsection (2) of that section; and
                                          1. any animal that is a marine mammal within the meaning of the Marine Mammals Protection Act 1978

                                            public place

                                            1. means a place that, at any material time, is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and
                                              1. includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward

                                                register, as a noun, means a dogs register kept by a territorial authority under section 34

                                                  registration year has the same meaning as that given to the term financial year in section 5(1) of the Local Government Act 2002

                                                    specified agency

                                                    1. means—
                                                      1. AvSec as defined in section 5 of the Civil Aviation Act 2023:
                                                        1. the Department of Conservation:
                                                          1. the Department of Corrections:
                                                            1. the Ministry of Agriculture and Forestry:
                                                              1. the Ministry of Defence:
                                                                1. the Ministry of Fisheries:
                                                                  1. the New Zealand Customs Service:
                                                                    1. the New Zealand Defence Force:
                                                                      1. the New Zealand Police; and
                                                                      2. includes the Director of Civil Defence Emergency Management

                                                                        stock means—

                                                                        1. any live horse, cattle, sheep, swine, alpaca, llama, bison, donkey, hinny, mule, or water buffalo that is not in a wild state:
                                                                          1. any deer, goat, tahr, rabbit, possum, or other animal that is kept within a fence or enclosure for domestic or farming purposes

                                                                            territorial authority has the same meaning as in the Local Government Act 2002; but, except for the purposes of section 7 of this Act, does not include any territorial authority that has united with any other territorial authority under clause 30(1)(b) of Schedule 7 of the Local Government Act 2002

                                                                              veterinarian has the meaning given to it in section 4 of the Veterinarians Act 2005

                                                                                warranted officer means any person who is for the time being a warranted officer within the meaning of the Conservation Act 1987

                                                                                  working dog means—

                                                                                  1. any disability assist dog:
                                                                                    1. any dog—
                                                                                      1. kept by the Police or any constable, the New Zealand Customs Service, the Ministry of Agriculture and Forestry, the Ministry of Fisheries, or the Ministry of Defence, or any officer or employee of any such department of State solely or principally for the purposes of carrying out the functions, powers, and duties of the Police or the department of State or that constable, officer, or employee; or
                                                                                        1. kept solely or principally for the purposes of herding or driving stock; or
                                                                                          1. kept by the Department of Conservation or any officer or employee of that department solely or principally for the purposes of carrying out the functions, duties, and powers of that department; or
                                                                                            1. kept solely or principally for the purposes of destroying pests or pest agents under any pest management plan under the Biosecurity Act 1993; or
                                                                                              1. kept by the Department of Corrections or any officer or employee of that department solely or principally for the purposes of carrying out the functions, duties, and powers of that department; or
                                                                                                1. kept by AvSec as defined in section 5 of the Civil Aviation Act 2023, or any officer or employee of that service solely or principally for the purposes of carrying out the functions, duties, and powers of that service; or
                                                                                                  1. certified for use by the Director of Civil Defence Emergency Management for the purposes of carrying out the functions, duties, and powers conferred by the Civil Defence Emergency Management Act 2002; or
                                                                                                    1. owned by a property guard as defined in section 9 of the Private Security Personnel and Private Investigators Act 2010 or a property guard employee as defined in section 17 of that Act, and kept solely or principally for the purpose of doing the things specified in section 9(1)(a) to (c) of that Act; or
                                                                                                      1. declared by resolution of the territorial authority to be a working dog for the purposes of this Act, or any dog of a class so declared by the authority, being a dog owned by any class of persons specified in the resolution and kept solely or principally for the purposes specified in the resolution.

                                                                                                    Compare
                                                                                                    • 1982 No 42 s 2
                                                                                                    • 1990 No 27 s 42
                                                                                                    Notes
                                                                                                    • Section 2 companion dog: repealed, on , by section 4(1) of the Dog Control Amendment Act 2006 (2006 No 23).
                                                                                                    • Section 2 disability assist dog: replaced, on , by section 4 of the Local Government Regulatory Systems Amendment Act 2019 (2019 No 6).
                                                                                                    • Section 2 district: substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                                                                                    • Section 2 guide dog: repealed, on , by section 4(1) of the Dog Control Amendment Act 2006 (2006 No 23).
                                                                                                    • Section 2 hearing ear dog: repealed, on , by section 4(1) of the Dog Control Amendment Act 2006 (2006 No 23).
                                                                                                    • Section 2 Minister: inserted, on , by section 3(1) of the Dog Control Amendment Act 2003 (2003 No 119).
                                                                                                    • Section 2 owner: amended, on , by section 138 of the Te Urewera Act 2014 (2014 No 51).
                                                                                                    • Section 2 owner: amended, on , by section 194 of the Animal Welfare Act 1999 (1999 No 142).
                                                                                                    • Section 2 register: inserted, on , by section 4(2) of the Dog Control Amendment Act 2006 (2006 No 23).
                                                                                                    • Section 2 registration year: substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                                                                                    • Section 2 specified agency: inserted, on , by section 3(2) of the Dog Control Amendment Act 2003 (2003 No 119).
                                                                                                    • Section 2 specified agency paragraph (a)(i): replaced, on , by section 486 of the Civil Aviation Act 2023 (2023 No 10).
                                                                                                    • Section 2 stock paragraph (b): amended, on , by section 4 of the Dog Control Amendment Act 2012 (2012 No 100).
                                                                                                    • Section 2 territorial authority: substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                                                                                    • Section 2 veterinarian: inserted, on , by section 4(2) of the Dog Control Amendment Act 2006 (2006 No 23).
                                                                                                    • Section 2 working dog paragraph (a): substituted, on , by section 4(3) of the Dog Control Amendment Act 2006 (2006 No 23).
                                                                                                    • Section 2 working dog paragraph (b)(i): amended, on , pursuant to section 5(1)(c) of the Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100).
                                                                                                    • Section 2 working dog paragraph (b)(i): amended, on , pursuant to section 294(1) of the Customs and Excise Act 1996 (1996 No 27).
                                                                                                    • Section 2 working dog paragraph (b)(iv): amended, on , by section 93 of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                                                                                    • Section 2 working dog paragraph (b)(iva): inserted, on , by section 3(3) of the Dog Control Amendment Act 2003 (2003 No 119).
                                                                                                    • Section 2 working dog paragraph (b)(ivb): inserted, on , by section 3(3) of the Dog Control Amendment Act 2003 (2003 No 119).
                                                                                                    • Section 2 working dog paragraph (b)(ivb): amended, on , by section 486 of the Civil Aviation Act 2023 (2023 No 10).
                                                                                                    • Section 2 working dog paragraph (b)(ivc): inserted, on , by section 3(3) of the Dog Control Amendment Act 2003 (2003 No 119).
                                                                                                    • Section 2 working dog paragraph (b)(v): substituted, on , by section 121(1) of the Private Security Personnel and Private Investigators Act 2010 (2010 No 115).