Bylaws

20 Dog control bylaws

(1)

Any territorial authority may, in accordance with the Local Government Act 2002, make bylaws for all or any of the following purposes:

(a)

prohibiting dogs, whether under control or not, from specified public places:

(b)

requiring dogs, other than working dogs, to be controlled on a leash in specified public places, or in public places in specified areas or parts of the district:

(c)

regulating and controlling dogs in any other public place:

(d)

designating specified areas as dog exercise areas:

(e)

prescribing minimum standards for the accommodation of dogs:

(f)

limiting the number of dogs that may be kept on any land or premises:

(g)

requiring dogs in its district to be tied up or otherwise confined during a specified period commencing not earlier than half an hour after sunset, and ending not later than half an hour before sunrise:

(h)

requiring the owner of any dog that defecates in a public place or on land or premises other than that occupied by the owner to immediately remove the faeces:

(i)

requiring any bitch to be confined but adequately exercised while in season:

(j)

providing for the impounding of dogs, whether or not they are wearing a collar having the proper label or disc attached, that are found at large in breach of any bylaw made by the territorial authority under this or any other Act:

(k)

requiring the owner of any dog (being a dog that, on a number of occasions, has not been kept under control) to cause that dog to be neutered (whether or not the owner of the dog has been convicted of an offence against section 53):

(l)

any other purpose that from time to time is, in the opinion of the territorial authority, necessary or desirable to further the control of dogs.

(2)

Nothing in this section shall authorise the making of any bylaw conferring any power of entry onto any land or premises without the consent of the occupier.

(3)

No bylaw authorised by any of the provisions of paragraphs (a) to (d) of subsection (1) shall have effect in respect of any land for the time being included in—

(a)

a controlled dog area or open dog area under section 26ZS of the Conservation Act 1987; or

(b)

a national park constituted under the National Parks Act 1980; or

(c)

Te Urewera, as defined by section 7 of the Te Urewera Act 2014.

(4)

Bylaws authorised by this section shall be made in accordance with the Local Government Act 2002 and shall be deemed to have been made under that Act.

(5)

A person who commits a breach of any bylaw authorised by this section commits an offence and is liable on conviction to the penalty prescribed by section 242(4) of the Local Government Act 2002.

(5A)

An injunction preventing a person from committing a breach of any bylaw authorised by this section may be granted in accordance with section 162 of the Local Government Act 2002, which section applies accordingly with all necessary modifications.

(6)

Notwithstanding section 7, no joint standing or special committee that has had conferred upon it the functions, duties, and powers of territorial authorities under this Act shall have the power to make any bylaw; and the territorial authorities that so conferred their functions, duties, and powers under this Act shall retain the power to make bylaws in accordance with this section.

Compare: 1982 No 42 s 63

Section 20(1): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 20(3)(b): amended, on 28 July 2014, by section 138 of the Te Urewera Act 2014 (2014 No 51).

Section 20(3)(c): inserted, on 28 July 2014, by section 138 of the Te Urewera Act 2014 (2014 No 51).

Section 20(4): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 20(5): substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 20(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 20(5A): inserted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).