Government Bill

As reported from the Local Government and

Environment Committee

The Local Government and Environment Committee has examined

the Dog Control Amendment Bill (No 2) and recommends that it be

passed with the amendments shown.

The purpose of the Dog Control Amendment Bill (No 2) is to extend

or improve aspects of the current regime under the Dog Control Act

1996, to help improve dog control and public safety regarding dogs.

The bill would provide flexibility for the Government to prescribe

dog policy matters that councils would be obliged to consider and

address. The bill would make it mandatory for dogs classified as

menacing by virtue of belonging to a breed or type listed in Schedule

4 of the Act to be neutered. Also, the process for the addition of a

breed or type of dog to Schedule 4 of the Act would be simplified.

We recommend one significant change to the bill as introduced. This

2

mended amendment. All the other amendments we recommend are

minor and technical, and are not discussed in this commentary.

We received 23 submissions on the bill representing individuals, organisations

and councils. Most submitters did not indicate overall

support for or opposition to the bill; rather they focused on particular

clauses, the main concern being opposition to breedspecific

legislation.

We heard a substantial submission on the bill from the New Zealand

Institute of Animal Control Officers Inc. The Institute generally supported

the provisions in the bill as introduced, but opposed breedspecific

legislation.

The Institute suggested a large number of amendments to the Act in

its submission. The submission raised issues which were, in general,

significant policy matters, or related to interpretation of the Act. We

believe that many of these suggestions warrant further investigation

when a full review of the legislation is undertaken. We have not

been able to consider the recommended amendments, because they

fall outside the narrow scope of the bill. We asked officials to engage

directly with the submitter on particular issues that fell outside the

scope of this bill. We were advised that the Department of Internal

Affairs is also working with the Institute on dog control matters.

Clause 4 amends section 10 of the Act, which requires each territorial

authority to adopt a policy in respect of dogs in its district. The

bill would require each authority’s dog control policy to include any

matters prescribed in regulation under the Act. Clause 4(2) sets out

when and how the matters relating to the new requirements must be

included in a territorial authority’s policy.

We were concerned that the 12month

period allowed for a territorial

authority to ensure that matters prescribed in regulation are included

in its policy is too short to accommodate public consultation, which

is a legislative requirement under proposed new subsection (5A) in

section 10. It is important to give councils enough time to adopt policy

changes, and a longer period would also help smaller councils to

adjust their spending gradually to allow for the cost of the consultation

process.

We recommend amending new subsection (5A)(a) of section 10, as

inserted by clause 4(2), to allow 24 months for this purpose. We

are aware that, in some instances, councils may struggle to meet this

deadline, and we believe some discretion should be permitted. We

also recommend the insertion of new subsection (5B) in section 10

to allow councils to implement dog control policy outside the prescribed

timeframe at the discretion of the Minister of Local Government.

The Dog Control Amendment Bill (No 2) was referred to the committee

on 11 December 2007. The closing date for submissions was

29 February 2008. We received and considered 23 submissions from

interested groups and individuals. We heard three submissions.

We received advice from the Department of Internal Affairs. The

Regulations Review Committee reported to the committee on the

powers contained in clause 7.

Moana Mackey (Chairperson)

John Carter (Deputy Chairperson)

Hon David BensonPope

Mark Blumsky (until 30 July 2008)

Jacqui Dean

Hon Marian Hobbs

Dr Russel Norman (from 1 July 2008)

Su’a William Sio

Hon Dr Nick Smith

Mētīria Turei (until 1 July 2008)

Nicky Wagner (from 30 July 2008)

text inserted unanimously

text deleted unanimously

Hon Nanaia Mahuta

Government Bill

Page

1 Title 2

2 Commencement 2

3 Principal Act amended 2

4 Duty of territorial authorities to adopt policy on dogs 2

5 New section 33E substituted 3

33E Effect of classification as menacing dog 3

6 Regulations 4

7 New section 78A substituted 4

78A Regulations amending Schedule 4 4

Further amendments to principal Act

8 Further amendments to principal Act 5

Transitional provision

9 Transitional provision for owners of dogs classified as

menacing under section 33C before commencement of

this Act

5

176—2 1

This Act comes into force on the day after the date on which 5

it receives the Royal assent.

This Act amends the Dog Control Act 1996. 10

(1) Section 10(3) is amended by adding “; and” and also by adding

the following paragraph:

“(g) must include any matters prescribed in regulations

(2) Section 10 is amended by inserting the following subsection

subsections after subsection (5):

“(5A) The territorial authority must fulfil the requirement under

regulations in its policy)— 20

“(a) not later than 12 24 months after the regulations are

made; and

“(b) using the special consultative procedure.

prescribed in regulations in its policy) later than 24 months

after the regulations are made if—

2

“(a) the territorial authority has requested the Minister in

writing for an extension of time to fulfil the requirement;

and

“(b) the Minister, in his or her absolute discretion, has agreed

to an extension of time for the period specified in writ5

ing to the territorial authority.”

Section 33E is repealed and the following section substituted:

“(1) If a dog is classified as a menacing dog under section 33A 10

or 33C, the owner of the dog must not allow the dog to be

at large or in any public place or in any private way without

being muzzled in a manner that prevents the dog from biting

but allows it to breathe and drink without obstruction.

“(a) the dog is completely confined within a vehicle or cage;

or

“(b) in respect of any dog or class of dog, a territorial authority

considers that it need not be muzzled in any specified

circumstances (for example, at a dog show). 20

“(3) If a dog is classified as a menacing dog under section 33A, the

owner of the dog must, if required by the territorial authority

concerned, not later than 1 month after receiving notice of the

classification, produce to the territorial authority a certificate

issued by a veterinarian certifying— 25

“(a) that the dog is or has been neutered; or

“(b) that for reasons that are specified in the certificate, the

dog will not be in a fit condition to be neutered before

the date specified in the certificate and, not later than 1

month after that date, produce to the territorial authority 30

a further certificate issued by a veterinarian certifying

that the dog is or has been neutered.

“(4) If a dog is classified as a menacing dog under section 33C, the

owner of the dog must, not later than 1 month after receiving

notice of the classification, produce to the territorial authority 35

concerned a certificate issued by a veterinarian certifying—

“(a) that the dog is or has been neutered; or

3

“(b) that for reasons that are specified in the certificate, the

dog will not be in a fit condition to be neutered before

the date specified in the certificate and, not later than 1

month after that date, produce to the territorial authority

a further certificate issued by a veterinarian certifying 5

that the dog is or has been neutered.

previously produced to the territorial authority a certificate issued

by a veterinarian certifying that the dog is or has been

neutered.” 10

Section 78(1) is amended by inserting the following paragraph

after paragraph (a):

“(ab) specifying matters that a territorial authority must include,

in the manner that the territorial authority thinks 15

fit, in its policy on dogs under section 10:”.

Sections 78A, 78B, and 78C are repealed and the following

section is substituted:

“(1) The GovernorGeneral

may, by Order in Council made on the

recommendation of the Minister, amend Schedule 4 in either

or both of the following ways:

“(a) by adding a further breed or type of dog to the schedule:

“(b) by moving the name or description of any dog from a 25

part of the schedule to another part of the schedule:

dog referred to in the proposed order,—

“(a) consult the representatives from local government, ani30

mal welfare organisations, dog clubs, and veterinary

practices that the Minister considers appropriate; and

“(b) seek advice on—

“(i) the tendency of the breed or type to exhibit aggressive

behaviour; and 35

“(ii) the tendency of the breed or type to attack; and

4

“(iii) the risks to public safety, if any, if the breed or

type is not listed in Schedule 4; and

“(iv) the companion value of the breed or type, if any;

and

“(v) the classification and experience of the breed or 5

type in any other country.

“(a) consult any other person or organisation that he or she

thinks relevant; and 10

“(b) seek advice on, and have regard to, any other matter that

he or she thinks relevant.”

Transitional provision

(1) The owner of a dog that has been classified as a menacing

dog under section 33C before the commencement of this Act

must, not later than 6 months after the commencement of this 25

Act, produce to the territorial authority concerned a certificate

issued by a veterinarian certifying—

(a) that the dog is or has been neutered; or

(b) that for reasons that are specified in the certificate, the

dog will not be in a fit condition to be neutered before 30

the date specified in the certificate and, not later than 1

month after that date, produce to the territorial authority

a further certificate issued by a veterinarian certifying

that the dog is or has been neutered.

5

previously produced to the territorial authority a certificate issued

by a veterinarian certifying that the dog is or has been

neutered.

6

Omit “or 33C”.

Omit “or 33C”.

Omit “section 33EB(2)” and substitute “33EB”. 10

Omit “authority” and substitute “authority; and”.

Paragraph (a): omit “; and” and substitute “; or”.

Paragraph (b): omit “; and” and substitute “; or”. 15

Omit “section 33A or 33C; and” and substitute “section 33A; and”.

Subsection (2): omit “33E(1)” in each place where it appears and

7

Omit “reponsible” and substitute “responsible”.

Insert “territorial” before “authority”.

Omit “as” and substitute “has”.

Heading to Schedule 4: omit “33A, 33C, 78A–78C” and substitute

21 November 2007 Introduction (Bill 176–1)

11 December 2007 First reading and referral to Local Government and

Environment Committee

12

Wellington, New Zealand:

Published under the authority of the House of Representatives—2008

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