Dog Control Act 1996

Menacing dogs

33A: Territorial authority may classify dog as menacing

You could also call this:

"Council can label a dog as menacing if it's a threat to people, animals, or wildlife."

If you have a dog that has not been classified as a dangerous dog under section 31, but your local council thinks it might be a threat to people, animals, or wildlife because of its behaviour or breed, they can classify it as a menacing dog. You can find more information about what this means in section 33E(1)(a). If your dog is classified as menacing, the council must tell you in writing.

The council must tell you that your dog is now classified as menacing, what this means according to section 33E, and that you have the right to object to this classification under section 33B. They must also tell you about the rules in sections 33EA and 33EB if you do not object and you move your dog to another area. This is so you know what to expect and what you need to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM375100.


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"Getting rid of a dangerous dog needs council approval"


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33B: Objection to classification of dog under section 33A, or

"Objecting to your dog being called a menacing dog"

33ATerritorial authority may classify dog as menacing

  1. This section applies to a dog that—

  2. has not been classified as a dangerous dog under section 31; but
    1. a territorial authority considers may pose a threat to any person, stock, poultry, domestic animal, or protected wildlife because of—
      1. any observed or reported behaviour of the dog; or
        1. any characteristics typically associated with the dog's breed or type.
        2. A territorial authority may, for the purposes of section 33E(1)(a), classify a dog to which this section applies as a menacing dog.

        3. If a dog is classified as a menacing dog under subsection (2), the territorial authority must immediately give written notice in the prescribed form to the owner of—

        4. the classification; and
          1. the provisions of section 33E (which relates to the effect of classification as a menacing dog); and
            1. the right to object to the classification under section 33B; and
              1. if the territorial authority's policy is not to require the neutering of menacing dogs (or would not require the neutering of the dog concerned), the effect of sections 33EA and 33EB if the owner does not object to the classification and the dog is moved to the district of another territorial authority.
                Notes
                • Section 33A: inserted, on , by section 21 of the Dog Control Amendment Act 2003 (2003 No 119).
                • Section 33A(3): amended, on , by section 10 of the Dog Control Amendment Act 2004 (2004 No 61).
                • Section 33A(3)(c): amended, on , by section 13 of the Dog Control Amendment Act 2006 (2006 No 23).
                • Section 33A(3)(d): added, on , by section 13 of the Dog Control Amendment Act 2006 (2006 No 23).