Dog Control Act 1996

Menacing dogs

33D: Objection to classification of dog under section 33C

You could also call this:

"Objecting to your dog being called menacing"

If your dog is classified as a menacing dog under section 33C, you can object to the territorial authority. You have 14 days to write to them after you get the notice. You also have the right to talk to them about why you do not agree with the classification.

When you object, you must give them evidence that your dog is not a breed or type listed in Schedule 4. The territorial authority will look at the reasons why your dog was classified and the reasons you give for objecting. They will also think about 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. They will give you their answer and the reasons for it in writing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM375110.


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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."


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33E: Effect of classification as menacing dog, or

"What happens if your dog is classified as menacing and what rules you must follow"

33DObjection to classification of dog under section 33C

  1. If a dog is classified as a menacing dog under section 33C, 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. If an owner objects to the classification, he or she must provide evidence that the dog is not of a breed or type listed in Schedule 4.

      2. The territorial authority considering an objection under subsection (1) may uphold or rescind the classification, and in making its determination must have regard to—

      3. the evidence which formed the basis for the classification; 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 33D: inserted, on , by section 21 of the Dog Control Amendment Act 2003 (2003 No 119).