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Contents (1998 - 87)
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Companion Animals Act 1998 No 87
Current version for 5 December 2019 to date (accessed 7 April 2020 at 21:49)
Part 5 Division 1A
Division 1A Nuisance dogs
32A   Nuisance dogs
(1)  For the purposes of this section, a dog is a nuisance if the dog—
(a)  is habitually at large, or
(b)  makes a noise, by barking or otherwise, that persistently occurs or continues to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of any person in any other premises, or
(c)  repeatedly defecates on property (other than a public place) outside the property on which it is ordinarily kept, or
(d)  repeatedly runs at or chases any person, animal (other than vermin and, in relation to an animal, otherwise than in the course of droving, tending, working or protecting stock) or vehicle, or
(e)  endangers the health of any person or animal (other than vermin and, in relation to an animal, otherwise than in the course of droving, tending, working or protecting stock), or
(f)  repeatedly causes substantial damage to anything outside the property on which it is ordinarily kept.
(2)  If an authorised officer of a council is satisfied that a dog is a nuisance, the officer may, after complying with section 32B, issue an order in the approved form to the owner of the dog requiring the owner to prevent the behaviour that is alleged to constitute the nuisance.
(3)  The order must specify the behaviour of the dog that is required to be prevented. The order can specify more than one kind of behaviour.
(4)  An order remains in force for 6 months after it is issued.
(5)  The owner of a dog must comply with an order issued to the owner under this section and must continue to comply with it while it is in force.
Maximum penalty—8 penalty units for a first offence or 15 penalty units for a second or subsequent offence.
(6)  A council whose authorised officer issues an order under this section must notify the Departmental Chief Executive within 7 days after the order is issued.
(7)  An order under this section is final and is not subject to any appeal or review.
32B   Procedure for issuing nuisance dog order
(1)  Before an authorised officer of a council issues an order under section 32A, the officer must give notice to the owner of the dog to which the proposed order relates of the officer’s intention to issue the order.
(2)  The notice must set out—
(a)  the requirements with which the owner will be required to comply if the order is issued, and
(b)  the owner’s right to object to the proposed order in writing to the authorised officer within 7 days after the date the notice is given.
(3)  The owner has 7 days after the date the notice is given in which to object to the proposed order.
(4)  If the owner does not object within that time, the authorised officer may proceed to issue the order after the 7 days have passed.
(5)  If the owner does object within that time, the authorised officer must consider the objection before deciding whether or not to issue the order.