Dog Control Act 1996

Menacing dogs

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

You could also call this:

"Objecting to your dog being called a menacing dog"

If your dog is classified as a menacing dog under section 33A, you can object to this classification. You have 14 days to write to the territorial authority to say you do not agree with the classification. You also have the right to explain why you do not agree with the classification.

The territorial authority will look at the reasons why your dog was classified as a menacing dog. They will also consider what you have done to make sure your dog does not hurt people or animals. The authority will think about the reasons you give for objecting to the classification and any other important information.

The territorial authority will then decide whether to keep or cancel the classification. They will write to you as soon as they can to tell you what they have decided and why they made that decision.

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 It might be out of date or be missing some parts.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=DLM375105.


Previous

33A: Territorial authority may classify dog as menacing, or

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


Next

33C: Dogs belonging to breed or type listed in Schedule 4 to be classified as menacing, or

"Dogs of certain breeds might be called menacing and have special rules."

33BObjection to classification of dog under section 33A

  1. If a dog is classified under section 33A as a menacing dog, the owner—

  2. may, within 14 days of receiving notice of the classification, object in writing to the territorial authority in regard to the classification; and
    1. has the right to be heard in support of the objection.
      1. The territorial authority considering an objection under subsection (1) may uphold or rescind the classification, and in making its determination must have regard to—

      2. the evidence which formed the basis for the classification; and
        1. any steps taken by the owner to prevent any threat to the safety of persons or animals; and
          1. the matters relied on in support of the objection; and
            1. any other relevant matters.
              1. The territorial authority must, as soon as practicable, give written notice to the owner of—

              2. its determination of the objection; and
                1. the reasons for its determination.
                  Notes
                  • Section 33B: inserted, on , by section 21 of the Dog Control Amendment Act 2003 (2003 No 119).