10Duty of territorial authorities to adopt policy on dogs
Every territorial authority must adopt, in accordance with the special consultative procedure set out in section 83 of the Local Government Act 2002, a policy in respect of dogs in the district of the territorial authority.
For the purposes of subsection (1), the territorial authority must, under section 83(1)(e) of the Local Government Act 2002, give notice of the draft policy to every person who is, according to its register, the owner of a dog.
Every policy adopted under this section—
- shall specify the nature and application of any bylaws made or to be made under section 20; and
- shall identify any public places in which dogs are to be prohibited, either generally or at specified times, pursuant to a bylaw made under section 20(1)(a); and
- shall identify—in which dogs (other than working dogs) in public places are to be required by a bylaw made under section 20(1)(b) to be controlled on a leash; and
- any particular public places; and
- any areas or parts of the district,—
- any particular public places; and
- shall identify those areas or parts of the district in respect of which no public places or areas are to be identified under paragraph (b) or paragraph (c); and
- shall identify any places within areas or parts of the district specified in paragraph (c)(ii) of this subsection that are to be designated by a bylaw under section 20(1)(d) as dog exercise areas in which dogs may be exercised at large; and
- must state whether dogs classified by the territorial authority as menacing dogs under section 33A or 33C are required to be neutered under section 33E(1)(b) and,—
- if so, whether the requirement applies to all such dogs; and
- if not, the matters taken into account by it in requiring any particular dog to be neutered; and
- if so, whether the requirement applies to all such dogs; and
- must state whether dogs classified by any other territorial authority as menacing dogs under section 33A or 33C are required to be neutered under section 33EB(2) if the dog is registered with the territorial authority and,—
- if so, whether the requirement applies to all such dogs; and
- if not, the matters taken into account by it in requiring any particular dog to be neutered; and
- if so, whether the requirement applies to all such dogs; and
- shall include such other details of the policy as the territorial authority thinks fit including, but not limited to, details of the policy in relation to—
- fees or proposed fees; and
- owner education programmes; and
- dog obedience courses; and
- the classification of owners; and
- the disqualification of owners; and
- the issuing of infringement notices.
- fees or proposed fees; and
In adopting a policy under this section, the territorial authority must have regard to—
- the need to minimise danger, distress, and nuisance to the community generally; and
- the need to avoid the inherent danger in allowing dogs to have uncontrolled access to public places that are frequented by children, whether or not the children are accompanied by adults; and
- the importance of enabling, to the extent that is practicable, the public (including families) to use streets and public amenities without fear of attack or intimidation by dogs; and
- the exercise and recreational needs of dogs and their owners.
Every statement or publication of a policy adopted under this section—
- shall identify any land within the district that is included in—
- a controlled dog area or open dog area under section 26ZS of the Conservation Act 1987; or
- a national park constituted under the National Parks Act 1980; or
- Te Urewera, as defined in section 7 of the Te Urewera Act 2014; and
- a controlled dog area or open dog area under section 26ZS of the Conservation Act 1987; or
- may contain such other information and advice in relation to dogs as the territorial authority thinks fit.
The territorial authority must give effect to a policy adopted under this section—
- by making the necessary bylaws under section 20, which must come into force not later than the 60th day after the adoption of the policy; and
- by repealing, before the 60th day after the adoption of the policy, any bylaws that are inconsistent with the policy.
No territorial authority shall make any bylaw that is inconsistent with the policy under this section that, at the time of the making of the bylaw, is in force in its district.
The territorial authority may, at any time, adopt, in accordance with the special consultative procedure, an amended policy under this section and this section shall apply, with the necessary modifications, to the adoption of that amended policy.
The adoption of a policy or amended policy in accordance with this section satisfies the requirements of sections 86, 155, and 156(1) of the Local Government Act 2002 in respect of any bylaw to which subsection (6) applies.
This section shall come into force on the day on which this Act receives the Royal assent.
Subsection (8) applies subject to section 10AA.
Notes
- Section 10(1): substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
- Section 10(2): substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
- Section 10(2): amended, on , by section 29(1) of the Dog Control Amendment Act 2006 (2006 No 23).
- Section 10(3)(ea): inserted, on , by section 5(1) of the Dog Control Amendment Act 2006 (2006 No 23).
- Section 10(3)(eb): inserted, on , by section 5(1) of the Dog Control Amendment Act 2006 (2006 No 23).
- Section 10(4): substituted, on , by section 5(1) of the Dog Control Amendment Act 2003 (2003 No 119).
- Section 10(5)(a)(ii): amended, on , by section 138 of the Te Urewera Act 2014 (2014 No 51).
- Section 10(5)(a)(iii): inserted, on , by section 138 of the Te Urewera Act 2014 (2014 No 51).
- Section 10(6): substituted, on , by section 5(2) of the Dog Control Amendment Act 2003 (2003 No 119).
- Section 10(6)(a): amended, on , by section 29(2) of the Dog Control Amendment Act 2006 (2006 No 23).
- Section 10(8A): inserted, on , by section 5(3) of the Dog Control Amendment Act 2003 (2003 No 119).
- Section 10(10): added, on , by section 5(3) of the Dog Control Amendment Act 2006 (2006 No 23).