Heading: inserted, on 28 June 2006, by section 14 of the Dog Control Amendment Act 2006 (2006 No 23).
(1) A territorial authority must classify a dog as a dangerous dog under section 31 or a menacing dog under section 33A if—
(a) the owner of the dog has been convicted of an offence against section 57(2) or 57A(2)(a); and
(b) no destruction order for the dog has been made by the court concerned.
(2) Subsection (1) applies unless the territorial authority is satisfied that the circumstances of the attack, rush, or startle by the dog (being the circumstances relating to the offence for which the owner was convicted)—
(a) were exceptional; and
(b) do not, in the territorial authority's opinion, justify classifying the dog as dangerous or menacing.
Section 33ED: inserted, on 28 June 2006, by section 14 of the Dog Control Amendment Act 2006 (2006 No 23).