Clause 4 of the bill as introduced, inserting new section 64A, would exclude three offences (set out in sections 32(2), 54(2), and 57(2)) from the list of offences that could be heard by a JP or Community Magistrate. We recommend that section 54(2) be removed from the excluded offences because it is a category 2 offence. (The offence under this section relates to ensuring that a dog receives proper care and attention and adequate exercise.)

We note that sections 32(2) and 57(2) were excluded because they have an exceptional circumstances test—that is, a court must order that a dog be destroyed unless it is satisfied that the circumstances of the offending were exceptional. We do not consider that judicial JPs should have this power.

For consistency, we recommend that four more offences that include legal tests should also be excluded. They are:

• section 57A(2) (dogs rushing at persons, animals, or vehicles)

• section 61(2) (orders relating to dog seen worrying stock)

• section 62(4) (allowing dogs known to be dangerous to be at large unmuzzled)

• section 78(3) (possessing a dog in contravention of regulations under the Act).

We received advice that our proposed amendment would enable judicial JPs to hear 29 of the 277 cases for category 1 offences that were heard in 2017/18. However, we note that the amendment may result in behavioural change from local authorities. They may be more inclined to take prosecutions if the bill is enacted, allowing JPs to hear category 1 offences under the Dog Control Act.

We were advised that the bill as introduced would exclude certain category 1 offences from a Community Magistrate’s jurisdiction and reduce their ability to hear some offences that they currently preside over. Section 356 of the Criminal Procedure Act already allows Community Magistrates to hear any category 1 offences with a penalty below $40,000, regardless of whether they are named in the legislation.

Therefore, we recommend amending clause 4, inserting new section 66A, to remove the reference to “Community Magistrate”.