Animal Control Legislation
This section explains a dog owner's responsibilities and obligations under the Dog Control Act 1996 and the Whakatane District Council Control of Dogs Bylaw.
Animal Control – Legislation
• The Dog Control Act 1996
• The Control of Dogs Bylaw
The Dog Control Act 1996
Note - For the sake of the following information on dog control, the term "dog" refers to one or more dogs of any breed or mixed breed.
The Dog Control Act 1996 makes the Council responsible for the control of dogs and makes the registration of dogs mandatory each year. This legislation stipulates that it is an offence to own a dog over the age of three months that is not registered.
The objectives of the Act are –
(a) to make better provision for the care and control of dogs
(i) by requiring the registration of dogs; and
(ii) by making special provision in relation to dangerous dogs; and
(iii) by imposing on the owners of dogs, obligations designed to ensure dogs do not cause a nuisance to any person and do not injure, endanger, or cause distress to any person; and
(iv) by imposing on owners of dogs, obligations designed to ensure that dogs do not injure stock, poultry, domestic animals, or protected wildlife; and
(b) to make provision in relation to damage caused by dogs.
Under the Act, all dogs must be registered with the Council before the age of three months and thereafter during the month of July each year.
The Council is required to keep a register of dogs registered within its area boundaries. information required to be described on the register includes:
• Name, address and date of birth of the owner of the dog. (NB - The Act makes it mandatory for ALL owners to provide their date of birth – please assist Council staff by meeting this legal requirement).
• Address at which the dog is kept.
• Description of the dog, ie, breed, colour, distinguishing marks, permanent identification tattoos.
• The age and sex of the dog and whether or not the dog has been desexed.
• The registration number of the tag or disc allocated to that dog.
• Other information considered necessary by the Council for the purposes of the Act.
General obligations of a dog owner
The Dog Control Act 1996 requires every owner of a dog –
a. to ensure that the dog is registered in accordance with the Act, and that all relevant territorial authorities are promptly notified of any change of address or ownership of the dog:
b. to ensure that the dog is kept under control at all times:
c. to ensure that the dog receives proper care and attention and is supplied with proper and sufficient food, water and shelter:
d. to ensure that the dog receives adequate exercise:
e. to take all reasonable steps to ensure that the dog does not cause any nuisance to any other person, whether by persistent and loud barking or howling or by any other means:
f. to take reasonable steps to ensure that the dog does not injure, endanger, intimidate, or otherwise cause distress to any person:
g. to take all reasonable steps to ensure that the dog does not injure, endanger, or cause distress to any stock, poultry, domestic animal or protected wildlife:
h. to take all reasonable steps to ensure that the dog does not damage or endanger any property belonging to any other person:
i. (i) To comply with the requirements of this Act and of all Regulations and Bylaws made under this Act:
(ii) Nothing in this Act limits the obligations of any owner of a dog to comply with the requirements of any other Act or of any Regulations or Bylaws regulating the control, keeping, and treatment of dogs.
The Control of Dogs Bylaw
The Control of Dogs Bylaw was introduced in 1997 and essentially describes how dogs must be controlled in public places to reduce the likelihood of dangerous behaviour and nuisance situations arising.
The principal sections described in the Bylaw include:
• Meaning of owner
• Shelter for dogs
• Control of dogs on a leash
• Dog exercise areas
• Public places in which dogs are prohibited
• Fouling in public places
• Infectious or infested dogs
• Nuisances
• Licence to keep more than one dog
• Impounding of dogs
• Dog control fees
The Bylaw goes on to outline specific locations for:
• designated dog exercise areas
• areas where hunting permits are required
• areas where dogs are prohibited
Dogs owners failing to comply with any part of the Bylaw may be served an Infringement Notice and are subject to fine.