Dog Control Act 1996

Obligations of owner

63: Owner liable for damage done by dog

You could also call this:

"If your dog causes damage, you have to pay for it, no matter what."

If you own a dog, you are responsible for any damage it does. You do not need to have known your dog might cause trouble, or that it was your fault, for you to be liable for the damage. You have to pay for the damage, even if your dog has never caused trouble before. This is part of the Dog Control Act 1996.

There is an exception to this rule, which applies to dogs used by certain agencies, such as government departments, for their work. If a dog is being used for the agency's work, and the agency would not be responsible for the damage if this law did not exist, then you are not liable for the damage. The agency must be using the dog in a lawful way for this exception to apply.

The law about this was changed by the Dog Control Amendment Act 2003, which you can read more about on the New Zealand legislation website. This change was made to section 63 of the Dog Control Act 1996. You can find more information about the Dog Control Act 1996 and the changes made to it on the New Zealand legislation website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM375424.


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63Owner liable for damage done by dog

  1. The owner of a dog shall be liable in damages for damage done by the dog, and it shall not be necessary for the person seeking damages to show a previous mischievous propensity in the dog, or the owner's knowledge of any such mischievous propensity, or that the damage was attributable to neglect on the part of the owner of the dog.

  2. This section does not apply in respect of any damage done by a dog that—

  3. is kept, or is being used, or is certified for use by a specified agency; and
    1. is being used for the purpose of carrying out in a lawful manner any function, duty, or power of that agency; and
      1. if, had this section not been enacted, there could be no claim for the damage against the agency concerned or any of its officers or employees or the owner of the dog.
        Compare
        • 1982 No 42 s 61
        • 1985 No 172 s 3
        Notes
        • Section 63(2): substituted, on , by section 39 of the Dog Control Amendment Act 2003 (2003 No 119).