Dog Control Act 1996

Probationary owners

21: Classification of probationary owners

You could also call this:

"What happens if you're called a probationary dog owner because you broke dog rules"

You can be classified as a probationary owner if you are convicted of certain offences against the Dog Control Act or other laws like the Animal Welfare Act 1999 or the Conservation Act 1987. The territorial authority makes this decision. They can also classify you as a probationary owner if you commit three or more infringement offences within 24 months.

You commit an infringement offence if you are ordered to pay a fine and costs under the Criminal Procedure Act 2011 or if you pay the infringement fee. If you are classified as a probationary owner, the territorial authority will send you a written notice as soon as possible. This notice will be in a prescribed form.

The territorial authority's decision to classify you as a probationary owner only applies if certain conditions are met, like if section 25(1A) applies. You will receive a written notice if you are classified as a probationary owner. The notice will tell you about the decision.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM374839.


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"Rules about dogs in your area made by the council"


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22: Objection to classification as probationary owner, or

"Objecting to being called a probationary dog owner"

21Classification of probationary owners

  1. Where any person is convicted of any offence (not being an infringement offence) against this Act or any offence against Part 1 or Part 2 of the Animal Welfare Act 1999 in respect of a dog or any offence against section 26ZZP of the Conservation Act 1987 or section 56I of the National Parks Act 1980 or section 85 of the Te Urewera Act 2014, the territorial authority may classify that person as a probationary owner.

  2. Where any person commits 3 or more infringement offences (not relating to a single incident or occasion) within a continuous period of 24 months, the territorial authority may classify that person as a probationary owner.

  3. For the purposes of subsection (2), a person shall be deemed to have committed an infringement offence if—

  4. that person has been ordered to pay a fine and costs under section 375 of the Criminal Procedure Act 2011, or is deemed to have been so ordered under section 21(5) of the Summary Proceedings Act 1957; or
    1. the infringement fee specified on an infringement notice in respect of that offence and issued to that person under section 66 has been paid.
      1. Where any person is classified as a probationary owner under subsection (1), the territorial authority shall as soon as practicable give written notice in the prescribed form to that person of that decision.

      2. This section applies only if section 25(1A) applies.

      Notes
      • Section 21(1): amended, on , by section 138 of the Te Urewera Act 2014 (2014 No 51).
      • Section 21(1): amended, on , by section 194 of the Animal Welfare Act 1999 (1999 No 142).
      • Section 21(2): amended, on , by section 11 of the Dog Control Amendment Act 2003 (2003 No 119).
      • Section 21(3)(a): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
      • Section 21(5): added, on , by section 4 of the Dog Control Amendment Act 2004 (2004 No 61).