Every dog has the potential to bite, regardless of whether or not you think your dog is friendly. As an owner you need to be aware of the legal obligations and consequences to you, should your dog attack people or other animals.

Legal consequences around safety issues

Some dogs have the predisposition to attack, some attack people for no obvious reason and some attack other animals or stock. Because dog attacks are common in New Zealand, we have special laws and bylaws that dog owners must be aware of in order to help prevent recurring attacks. Consequences of a dog being involved in an attack may include:

  • Owners of dogs involved in attacks can be prosecuted and, depending on the offence, an owner may be liable for fines as high as $20,000 or imprisonment of up to three months upon conviction. (Note: in most cases where a dog attack prosecution results in a conviction, an order is also made for the destruction of the dog.)
  • The offending dog may be impounded and held by the Council.
  • The dog owner will be liable for any costs or damage arising from the dog's attack.
  • The dog owner may be issued with an infringement offence notice under the Dog Control Act 1996. Infringement offence fees under the Dog Control Act range from $100 to $750.
  • The offending dog may be classified as a Menacing or Dangerous dog. Both of these classifications require, as part of their effects, that the dog wear a muzzle at all times when in public and for it be desexed. 

If a Dog Control Officer has good cause to suspect an offence against the Dog Control Act 1996 is being committed, they can enter any land or premises to inspect any dog appearing to be kept there, and if authorised by the Act, to seize and impound any dog on the land or premises. This does not include a dwelling house unless the officer is accompanied by a constable or is authorised by a District Court warrant.

Probationary or disqualified owners

Any person convicted of an offence under the Dog Control Act 1996 (apart from an infringement offence) or having received three or more infringement notices within a two-year period, may be classified as a probationary owner. This means:

  • The probationary owner classification will take effect for two years unless terminated early by the Council.
  • Any dog not registered at the time of the classification must be re-homed or disposed of within 14 days.
  • Any dog already registered may be kept by the owner.
  • The probationary owner may be required to take dog owner education training and/or a dog obedience class.

Anybody with three or more infringement notices within a two-year period, or convicted of any offence under the Dog Control Act 1996, must be classified as a disqualified owner (unless the Council decides that disqualification is not warranted, or Probationary Ownership classification is made instead). This means that if a person is classified as a Disqualified Owner:

  • They will not be allowed to own a dog for up to five years from the time of disqualification.
  • Any dog owned by the disqualified owner will have to be re-homed or put down within 14 days (the dogs cannot be transferred to another owner at the same address).
  • They may not be in possession of a dog at any time except to return a lost dog home, or to prevent the dog from causing injury, damage or distress.
  • Any owner who breaches these conditions may be fined up to $3,000 and have an additional five years disqualification period extension to their status.

Classification as a Probationary or Disqualified Owner extends over New Zealand.