Dog Control Act 1996

Disqualification of owners

25: Disqualification of owners

You could also call this:

"When You Can't Own a Dog Anymore"

If you own a dog, you can be stopped from owning one if you break the rules three or more times in two years. You can also be stopped from owning a dog if you are found guilty of a crime against the Dog Control Act or other animal welfare laws, such as the Animal Welfare Act 1999, the Conservation Act 1987, or the National Parks Act 1980. However, the council may decide not to stop you from owning a dog if they think it is not fair.

If the council decides to stop you from owning a dog, they will tell you in writing. You will not be allowed to own a dog for a certain amount of time, which can be up to five years. The council decides how long you cannot own a dog, and it starts from the date of your third rule break. The council must inform you as soon as possible after making this decision. You are considered to have broken the rules if you have paid a fine for an infringement notice or if you have been ordered to pay a fine and costs under the Criminal Procedure Act 2011 or the Summary Proceedings Act 1957.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM374853.


Previous

24: Obligation of probationary owners to dispose of unregistered dogs, or

"Probationary dog owners must get rid of unregistered dogs within 14 days of being told to do so."


Next

26: Objection to disqualification, or

"Objecting to being banned from owning a dog"

25Disqualification of owners

  1. A territorial authority must disqualify a person from being an owner of a dog if—

  2. the person commits 3 or more infringement offences (not relating to a single incident or occasion) within a continuous period of 24 months; or
    1. the person is convicted of an offence (not being an infringement offence) against this Act; or
      1. the person is convicted of an offence against Part 1 or Part 2 of the Animal Welfare Act 1999, section 26ZZP of the Conservation Act 1987, or section 56I of the National Parks Act 1980.
        1. Subsection (1) does not apply if the territorial authority is satisfied that the circumstances of the offence or offences are such that—

        2. disqualification is not warranted; or
          1. the territorial authority will instead classify the person as a probationary owner under section 21.
            1. For the purposes of subsection (1)(a), a person must be treated as having committed an infringement offence if—

            2. 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 the infringement notice in respect of the offence issued to the person under section 66 has been paid.
                1. A disqualification under subsection (1) continues in force for a period specified by the territorial authority not exceeding 5 years from the date of the third infringement offence or offences (as the case may be) in respect of which the person is disqualified.

                2. If a person is disqualified under subsection (1), the territorial authority must, as soon as practicable, give written notice in the prescribed form to the person of that decision.

                Notes
                • Section 25: substituted, on , by section 14 of the Dog Control Amendment Act 2003 (2003 No 119).
                • Section 25(1): amended, on , by section 7(1) of the Dog Control Amendment Act 2004 (2004 No 61).
                • Section 25(1A): inserted, on , by section 7(2) of the Dog Control Amendment Act 2004 (2004 No 61).
                • Section 25(2)(a): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).