Dog Control Act 1996

Dangerous and menacing dogs

33ED: Territorial authority to classify certain dogs as dangerous or menacing

You could also call this:

"Councils must label dogs as dangerous or menacing if their owner broke the law related to the dog's behaviour."

A territorial authority has to classify a dog as dangerous or menacing if the dog's owner has been convicted of a certain offence, such as those mentioned in section 57(2) or 57A(2)(a), and no court order has been made to destroy the dog. You need to know the owner was convicted of an offence related to the dog's behaviour. The territorial authority must follow this rule unless they think the circumstances of the incident were exceptional and do not justify classifying the dog as dangerous or menacing.

The territorial authority looks at what happened when the dog attacked, rushed, or startled someone, which led to the owner's conviction. If the authority thinks the circumstances were not normal and do not warrant classifying the dog as dangerous or menacing, they do not have to classify it as such. This decision is based on the territorial authority's opinion of the circumstances and the offences mentioned in section 31 for dangerous dogs or section 33A for menacing dogs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM375125.


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33EC: Offence to fail to comply with section 33E(1) or 33EB, or

"Breaking dog rules can cost you up to $3,000 and mean losing your dog."


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33F: Owner must advise person with possession of dangerous or menacing dog of requirement to muzzle and leash dog in public, or

"Tell dog minders to muzzle and leash your dangerous dog in public"

33EDTerritorial authority to classify certain dogs as dangerous or menacing

  1. A territorial authority must classify a dog as a dangerous dog under section 31 or a menacing dog under section 33A if—

  2. the owner of the dog has been convicted of an offence against section 57(2) or 57A(2)(a); and
    1. no destruction order for the dog has been made by the court concerned.
      1. Subsection (1) applies unless the territorial authority is satisfied that the circumstances of the attack, rush, or startle by the dog (being the circumstances relating to the offence for which the owner was convicted)—

      2. were exceptional; and
        1. do not, in the territorial authority's opinion, justify classifying the dog as dangerous or menacing.
          Notes
          • Section 33ED: inserted, on , by section 14 of the Dog Control Amendment Act 2006 (2006 No 23).