New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Every territorial authority must adopt, in accordance with the special consultative procedure set out in section 83 of the Local Government Act 2002, a policy in respect of dogs in the district of the territorial authority.
(2) For the purposes of subsection (1), the territorial authority must, under section 83(1)(e) of the Local Government Act 2002, give notice of the draft policy to every person who is, according to its register, the owner of a dog.
(3) Every policy adopted under this section—
(a) Shall specify the nature and application of any bylaws made or to be made under section 20 of this Act; and
(b) Shall identify any public places in which dogs are to be prohibited, either generally or at specified times, pursuant to a bylaw made under section 20(1)(a) of this Act; and
(c) Shall identify—
(i) Any particular public places; and
(ii) Any areas or parts of the district,—
in which dogs (other than working dogs) in public places are to be required by a bylaw made under section 20(1)(b) of this Act to be controlled on a leash; and
(d) Shall identify those areas or parts of the district in respect of which no public places or areas are to be identified under paragraph (b) or paragraph (c) of this subsection; and
(e) Shall identify any places within areas or parts of the district specified in paragraph (c)(ii) of this subsection that are to be designated by a bylaw under section 20(1)(d) of this Act as dog exercise areas in which dogs may be exercised at large; and
(ea) must state whether dogs classified by the territorial authority as menacing dogs under section 33A or 33C are required to be neutered under section 33E(1)(b) and,—
(i) if so, whether the requirement applies to all such dogs; and
(ii) if not, the matters taken into account by it in requiring any particular dog to be neutered; and
(eb) must state whether dogs classified by any other territorial authority as menacing dogs under section 33A or 33C are required to be neutered under section 33EB(2) if the dog is registered with the territorial authority and,—
(i) if so, whether the requirement applies to all such dogs; and
(ii) if not, the matters taken into account by it in requiring any particular dog to be neutered; and
(f) Shall include such other details of the policy as the territorial authority thinks fit including, but not limited to, details of the policy in relation to—
(i) Fees or proposed fees; and
(ii) Owner education programmes; and
(iii) Dog obedience courses; and
(iv) The classification of owners; and
(v) The disqualification of owners; and
(vi) The issuing of infringement notices.
(4) In adopting a policy under this section, the territorial authority must have regard to—
(a) the need to minimise danger, distress, and nuisance to the community generally; and
(b) the need to avoid the inherent danger in allowing dogs to have uncontrolled access to public places that are frequented by children, whether or not the children are accompanied by adults; and
(c) the importance of enabling, to the extent that is practicable, the public (including families) to use streets and public amenities without fear of attack or intimidation by dogs; and
(d) the exercise and recreational needs of dogs and their owners.
(5) Every statement or publication of a policy adopted under this section—
(a) Shall identify any land within the district that is included in—
(i) A controlled dog area or open dog area under section 26ZS of the Conservation Act 1987; or
(ii) A national park constituted under the National Parks Act 1980; and
(b) May contain such other information and advice in relation to dogs as the territorial authority thinks fit.
(6) The territorial authority must give effect to a policy adopted under this section—
(a) by making the necessary bylaws under section 20, which must come into force not later than the 60th day after the adoption of the policy; and
(b) by repealing, before the 60th day after the adoption of the policy, any bylaws that are inconsistent with the policy.
(7) No territorial authority shall make any bylaw that is inconsistent with the policy under this section that, at the time of the making of the bylaw, is in force in its district.
(8) The territorial authority may, at any time, adopt, in accordance with the special consultative procedure, an amended policy under this section and this section shall apply, with the necessary modifications, to the adoption of that amended policy.
(8A) The adoption of a policy or amended policy in accordance with this section satisfies the requirements of sections 86, 155, and 156(1) of the Local Government Act 2002 in respect of any bylaw to which subsection (6) applies.
(9) This section shall come into force on the day on which this Act receives the Royal assent.
Subsections (1) and (2) were substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
Subsection (2) was amended, as from 28 June 2006, by section 29(1) Dog Control Amendment Act 2006 (2006 No 23) by substituting the words “its register”
for the words “the register kept by the territorial authority under section 34”
. The words “of this Act”
were editorially repealed for consistency.
Subsection (3)(ea) and (3)(eb) was inserted, as from 28 June 2006, by section 5(1) Dog Control Amendment Act 2006 (2006 No 23). See section 5(2) of that Act as to the application of this amendment.
Subsection (4) was substituted, as from 1 December 2003, by section 5(1) Dog Control Amendment Act 2003 (2003 No 119). See section 47 of that Act as to the transitional provision.
Subsection (6) was substituted, as from 1 December 2003, by section 5(2) Dog Control Amendment Act 2003 (2003 No 119). See section 47 of that Act as to the transitional provision.
Subsection (6)(a) was amended, as from 28 June 2006, by section 29(2) Dog Control Amendment Act 2006 (2006 No 23) by inserting the words “under section 20”
after the word “bylaws”
.
Subsection (8A) was inserted, as from 1 December 2003, by section 5(3) Dog Control Amendment Act 2003 (2003 No 119). See section 47 of that Act as to the transitional provision.
Subsection (10) was inserted, as from 28 June 2006, by section 5(3) Dog Control Amendment Act 2006 (2006 No 23).