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Questions and Answers


What does ‘territorial authority’ mean under the Act?

The Dog Control Act 1996 and its Amendments frequently use the term ‘territorial authorities’. This means city and district councils and the Chatham Islands Council. It does not include regional councils. For brevity, this outline refers to territorial authorities as ‘councils’.

Do all dogs have to be microchipped?

Dogs that have to be microchipped are those dogs:
  • registered for the first time
  • dogs that have been classified as dangerous or menacing
  • dogs impounded and not registered
  • dogs registered but impounded more than twice.
Farm dogs used for stock management are not required to be microchipped.

Do councils have to provide registration and microchip information to the national dog control database?

All councils are required to provide dog control information, including microchip numbers, to the national dog control database. Recording registration and microchipping information on the database is the council's responsibility not the responsibility of dog owners.

Will dog owners have to fence their property?

All owners are required to ensure that when their dog is on their property it is either under control or cannot freely leave the property.

Can councils ban someone from owning a dog if they’ve been convicted of owning a dog involved in a serious attack?

Yes, for up to 5 years. A person disqualified from owning a dog does have a right of appeal.

Can councils require a probationary owner to undertake a dog education programme and/or a dog obedience course?

Yes. Information about dog obedience and dog education courses is available from councils, vets and welfare agenices such as the SPCA.

What dogs are banned from importation?

The American Pit Bull Terrier, Dogo Argentino, Brazilian Fila, and Japanese Tosa.

Can other breeds of dogs be banned from importation?

An Order in Council must be agreed to by Parliament before a new breed or type of dog can be added to the list of restricted dogs (contained in Schedule 4 to the Dog Control Act).

Prior to recommending such an Order, the Minister of Local Government is required to consult with representatives from local government, animal welfare organisations, dog clubs and veterinary practices as the Minister considers appropriate.

What is a ‘menacing’ dog?

A menacing dog is one that has been declared menacing by a council:

(1) where the council considers that the dog may pose a threat to any person, stock, poultry, domestic animal or protected wildlife because of:


    (i) any observed or reported behaviour of the dog
    (ii) any characteristics typically associated with the dog’s breed or type.
(2) because the council must declare as menacing a dog that it believes is wholly or predominantly one of the breed or type listed in Schedule 4 to the Act (banned from importation).

If a council declares a dog to be menacing, the dog must be muzzled when in public and the council can require it to be neutered.

What is a 'dangerous' dog?

A council must classify as a dangerous dog, any dog:
  • in respect of which the owner has been convicted of a rushing offence (section 57A of the Act sets out what constitutes a rushing offence)
  • that the council has, on the basis of sworn evidence attesting to aggressive behaviour by the dog on one or more occasions, reasonable grounds to believe constitutes a threat to the safety of any person, stock, poultry, domestic animal, or protected wildlife
  • that the owner admits in writing constitutes a threat to the safety of any person, stock, poultry, domestic animal, or protected wildlife.

Will dogs have to be on a leash in all public places?

Councils are required to have a dog control policy. The policy should stipulate where dogs may be exercised off leash (but under voice or hand control), where they are required to be on a leash and where they are prohibited (unless they are disability assist dogs).

All dangerous dogs are required to be leashed when in public. Owners of menacing dogs are required to carry a leash when their dog is in a public place.

Have councils got the power to seize dogs?

Dog control officers and dog rangers can seize dogs:
  • that have attacked
  • that have rushed (what counts as rushing is set out in the Act)
  • are unregistered
  • that are without an adequate supply of food or water, or shelter
  • that are found wandering
  • whose owners have not met their obligations for keeping a dangerous or menacing dog.

What information do councils have to provide about their administration of dog control?

Councils must report annually to their communities on their dog control activities. The report has to be published in the local newspaper(s) and has to be provided to the Department of Internal Affairs. Councils are required to report on the number of registered dogs, the number of probationary and disqualified owners, numbers of dogs declared dangerous and menacing, infringement notices issued, number and nature of dog related complaints, and prosecutions taken under the Act. Many councils also provide additional information on dog safety education and other activities.

You should be able to read the report in your local newspaper, at your librabry, on your council's website or by contacting the council.


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