Plain language law

New Zealand law explained for everyone

Dog Control Act 1996

Obligations of owner

56: Removal of barking dog causing distress

You could also call this:

"What happens if your dog's barking is causing problems for others and you don't stop it"

If you have a dog that is barking a lot and causing distress to someone, a dog control officer or dog ranger might get involved. They can only do this if a notice has been issued under section 55 and it has not been cancelled or complied with. The officer or ranger must also have a good reason to believe the barking is still a problem.

If this happens, the dog control officer or dog ranger can enter the land where the dog is kept and take the dog away. The dog will then be kept in custody under section 70. However, the officer or ranger cannot enter your home without a special warrant from an issuing officer, as defined in section 3 of the Search and Surveillance Act 2012, or unless they are with a constable.

When a dog is taken away, the officer or ranger must give the dog's owner a written notice in a special form. If the owner is not there, they will give the notice to the person in charge of the land or leave it in a visible place. Some parts of the Search and Surveillance Act 2012, including subparts 1, 3, 7, 9, and 10, also apply in this situation.

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 It might be out of date or be missing some parts.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=DLM375408.

Topics:
Crime and justice > Police and safetyHousing and property > Land use
Previous

55: Barking dogs, or

"What to do if your dog's barking is disturbing others"

Next

57: Dogs attacking persons or animals, or

"What happens when a dog attacks a person or animal"

56Removal of barking dog causing distress

  1. This section shall apply in any case where, at any time after a notice under section 55 has been issued,—

  2. the notice has not been cancelled under subsection (3) of that section; and
    1. the notice has not been complied with; and
      1. a dog control officer or dog ranger has received a further complaint and has reasonable grounds for believing that the nuisance in respect of which the notice is issued is continuing and is causing distress to any person.

        1. In any case to which subsection (1) applies, the dog control officer or dog ranger may enter upon the land or premises on which the dog is kept and remove the dog and the dog shall be kept in custody under section 70.

        2. Nothing in this section shall authorise any dog control officer or dog ranger to enter any dwellinghouse unless—

        3. he or she is authorised to enter by a warrant issued by an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) made on application by the dog ranger or dog control officer in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012; and
          1. he or she is accompanied by a constable.

            1. None of the following persons may act as an issuing officer under this section:

            2. the mayor or any elected member of the local authority that employs or engages the dog ranger or dog control officer; or
              1. any employee of the local authority that employs or engages the dog ranger or dog control officer.

                1. Where a dog is removed pursuant to subsection (2), the dog control officer or dog ranger shall give written notice in the prescribed form to the owner of the dog or, if the owner is not present, the person for the time being appearing to be in charge of the land or premises and, if no person is present on the property, shall leave such notice in some conspicuous place on the land or premises.

                2. The provisions of subparts 1, 3, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply in respect of an authority applied for or issued under subsection (3).

                Notes
                • Section 56(3)(a): replaced, on , by section 233(1) of the Search and Surveillance Act 2012 (2012 No 24).
                • Section 56(3A): inserted, on , by section 233(2) of the Search and Surveillance Act 2012 (2012 No 24).
                • Section 56(5): inserted, on , by section 233(3) of the Search and Surveillance Act 2012 (2012 No 24).