Bannister and von Dadelszen, New Zealand

Liability of Dog Owners

Ownership of a dog carries with it responsibility and potential liability that many are not aware of until it is too late.

The rules relating to the control of dogs are covered in the Dog Control Act 1996. The owner of any dog must keep the dog under control at all times. A dog is not under control if it is found at large in any public place in breach of a bylaw. In many areas it is now illegal to have a dog in any public place unless it is on a lead. A dog is not under control if it is on any private property without the consent of the occupier of that property. When a dog is not under control a dog control officer can impound the dog or return it to its owner. If the dog is impounded the owner must pay a fee for its release.

The owner of a dog that attacks any person, stock, domestic animal or protected wild life may be convicted and fined up to $1500. Where an attack causes serious injury to a person, or the death of any protected wild life, the owner may be fined up to $5,000 and imprisoned for up to three months. The owner of a dog that rushes at a vehicle in a public place and causes an accident may be convicted and fined up to $1500. The owner may also be liable for any damage caused by the dog. In cases of attack the Court must, on convicting the owner, make an order for the dog to be destroyed (a destruction order). In other cases the court may make a destruction order.

Where a dog owner is convicted, he or she may be classified as a probationary owner for twenty-four months. Probationary owners may not be the registered owners of any dog not already owned by them at the time of the offence. Where a probationary owner is convicted of any further breach of the Dog Control Act 1996, that owner may be disqualified from owning any dog.

All dogs over three months old must be registered. Any person who fails to register a dog over three months old may be convicted and fined up to $1500. The owner must be able to prove that the dog is registered, or is not over the age of three months.

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