Dangerous dogs

31 Territorial authority to classify dangerous dogs

(1)

A territorial authority must classify a dog as a dangerous dog if—

(a)

the owner of the dog has been convicted of an offence in relation to the dog under section 57A(2); or

(b)

the territorial authority has, on the basis of sworn evidence attesting to aggressive behaviour by the dog on 1 or more occasions, reasonable grounds to believe that the dog constitutes a threat to the safety of any person, stock, poultry, domestic animal, or protected wildlife; or

(c)

the owner of the dog admits in writing that the dog constitutes a threat to the safety of any person, stock, poultry, domestic animal, or protected wildlife.

(2)

Where any dog is classified as a dangerous dog under subsection (1), the territorial authority shall immediately give notice in the prescribed form of that classification to the owner.

(3)

Where any dog is classified as a dangerous dog under subsection (1)(b), the owner may, within 14 days of the receipt of notice of that classification under subsection (2), object to the classification in writing to the territorial authority, and shall be entitled to be heard in support of his or her objection.

(4)

In considering any objection under this section, the territorial authority shall have regard to—

(a)

the evidence which formed the basis for the original classification; and

(b)

any steps taken by the owner to prevent any threat to the safety of persons and animals; and

(c)

the matters advanced in support of the objection; and

(d)

any other relevant matters—

and may uphold or rescind the classification.

(5)

The territorial authority shall give notice of its decision on any objection, and the reasons for its decision, to the owner as soon as practicable.

Section 31(1): substituted, on 7 July 2010, by section 4 of the Dog Control Amendment Act 2010 (2010 No 62).