Dog Control Act 1996

Obligations of owner

57: Dogs attacking persons or animals

You could also call this:

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

If you are attacked by a dog, you can seize or destroy the dog to stop the attack. You can also seize or destroy a dog if you see it attacking someone else, or an animal like a sheep, chicken, or pet. If a dog attacks someone, the dog's owner can get in trouble and have to pay a fine of up to $3,000. The court can also order the dog to be destroyed if it has attacked someone, unless the court thinks there were special circumstances. You must give the dog to a dog ranger or dog control officer as soon as you can if you seize a dog. A dog control officer or dog ranger can take a dog if they think the dog's owner has done something wrong. They can enter someone's property to get the dog, but they usually need a warrant to enter a house, which they can get from an issuing officer under the Search and Surveillance Act 2012. A constable can do the things a dog control officer or dog ranger can do. These rules do not apply to dogs used by certain agencies, like the police, if they are being used for their job.

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This page was last updated on 19 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM375410.

Topics:

Crime and justice > Police and safetyHousing and property > Land use

56: Removal of barking dog causing distress, or

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

57A: Dogs rushing at persons, animals, or vehicles, or

"What happens if your dog rushes at people, animals, or vehicles in a public place"

57Dogs attacking persons or animals

A person may, for the purpose of stopping an attack, seize or destroy a dog if—
the person is attacked by the dog; or
the person witnesses the dog attacking any other person, or any stock, poultry, domestic animal, or protected wildlife.

The owner of a dog that makes an attack described in subsection (1) commits an offence and is liable on conviction to a fine not exceeding $3,000 in addition to any liability that he or she may incur for any damage caused by the attack.
If, in any proceedings under subsection (2), the court is satisfied that the dog has committed an attack described in subsection (1) and that the dog has not been destroyed, the court must make an order for the destruction of the dog unless it is satisfied that the circumstances of the offence were exceptional and do not warrant destruction of the dog.
If a person seizes a dog under subsection (1), he or she must, as soon as practicable, deliver the dog into the custody of a dog ranger or dog control officer.
If a dog control officer or dog ranger has reasonable grounds to believe that an offence has been committed under subsection (2), he or she may—
seize and take custody of the dog; or
if seizure of the dog is not practicable, destroy the dog.

A dog control officer or dog ranger may enter land or premises for the purposes of subsection (5), but may enter any dwellinghouse on the land or premises only if—
he or she is in fresh pursuit of a dog that—
1. he or she has reasonable grounds to believe has committed an attack described in subsection (1); and
2. has been identified by a witness to the attack; or
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, who must not issue a warrant unless the issuing officer is satisfied that there are reasonable grounds to believe that an offence has been committed under subsection (2), and, in the case of a dog control officer, he or she is accompanied by a constable.

None of the following persons may act as an issuing officer under this section:
the mayor or any elected member of the local authority that employs or engages the dog ranger or dog control officer; or
any employee of the local authority that employs or engages the dog ranger or dog control officer.

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 (6).
To avoid doubt, a constable may exercise the powers conferred on a dog control officer or dog ranger by this section.
This section, section 57A, and section 58 do not apply in respect of a dog that—
is kept, or is being used, or is certified for use by a specified agency; and
is being used for the purpose of carrying out in a lawful manner any function, duty, or power of that agency.

Compare

1982 No 42 s 56(1)–(5), (7)

Notes

Section 57: substituted, on 1 December 2003, by section 35 of the Dog Control Amendment Act 2003 (2003 No 119).
Section 57(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 57(6)(b): amended, on 1 October 2012, by section 233(4) of the Search and Surveillance Act 2012 (2012 No 24).
Section 57(6A): inserted, on 1 October 2012, by section 233(5) of the Search and Surveillance Act 2012 (2012 No 24).
Section 57(6B): inserted, on 1 October 2012, by section 233(5) of the Search and Surveillance Act 2012 (2012 No 24).
Section 57(7): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).