Dog Control Act 1996

Functions, duties, and powers of territorial authorities

10AA: Local authority must review policy if bylaw implementing policy requires review

You could also call this:

"Council must check dog policy if related bylaw needs a review"

If a bylaw about dogs needs to be reviewed, you need to look at the policy behind it. You have to think about the things that are mentioned in section 10(4) of the Dog Control Act 1996. You must make some decisions, as stated in section 155 of the Local Government Act 2002.

After you review the bylaw, you might think it should be changed or replaced. If so, you must follow the rules in section 156 of the Local Government Act 2002. You might also need to change the policy, as stated in section 10 of the Dog Control Act 1996.

If you think the bylaw is fine as it is, you must follow a special process outlined in section 83 of the Local Government Act 2002. This process includes telling people about your proposal and giving them a chance to comment. You must explain why you want to keep the bylaw, including the decisions you made during the review.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM374803.


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10A: Territorial authority must report on dog control policy and practices, or

"Councils must write a yearly report on how they control dogs in their area."

10AALocal authority must review policy if bylaw implementing policy requires review

  1. This section applies if a bylaw to which section 10(6)(a) applies is required (by the operation of section 20(4)) to be reviewed by a territorial authority under section 158 or 159 of the Local Government Act 2002.

  2. The territorial authority must review the bylaw by making the determinations required by section 155 of that Act in the context of a reconsideration of the matters in section 10(4) of this Act.

  3. If, after the review, the territorial authority considers that the bylaw should be amended, revoked, or revoked and replaced, it must—

  4. deal with the bylaw under section 156 of the Local Government Act 2002; and
    1. if appropriate, amend its policy under section 10 of this Act.
      1. If, after the review, the territorial authority considers that the bylaw should continue without amendment, it must use the special consultative procedure set out in section 83 of the Local Government Act 2002.

      2. For the purposes of subsection (4), the statement of proposal referred to in section 83(1)(a) of that Act must include—

      3. a draft of the bylaw to be continued; and
        1. the reasons for the proposal, including the determinations made by the territorial authority under subsection (2).
          Notes
          • Section 10AA: inserted, on , by section 6 of the Dog Control Amendment Act 2006 (2006 No 23).