9f. Dangerous Dogs

The NZVA believes that dogs should be classified as 'dangerous' by their actions rather than on the basis of their breed. NZVA, at present, does not believe that the banning of specific breeds of dog is the most effective way of reducing the level of dog attacks on people and other domestic animals.

Dog Control Act, 1996 and amendments

The NZVA considers that the existing legislation contained in the 1996 Dog Control Act, subsequent amendments and regulations provide sufficiently robust mechanisms to deal with irresponsible owners and their dangerous dogs. The powers within this legislation should be applied consistently and with rigour. Members are encouraged to familiarise themselves with this potentially far-reaching legislation.

Section 20 of the 1996 Dog Control Act allows territorial authorities to make by-laws placing significant controls on dogs and their owners. Section 31 allows for dangerous dogs to be classified as such. Sections 31 and 32 confer powers on territorial authorities to impose strict conditions on dogs so classified, and for Courts to make orders for the destruction of these dogs in certain circumstances. 

Amendments to the Act in 2003 placed further stringent controls on dogs.

S30A prohibits the importation of certain breeds and types of dogs as well as the germplasm of the same breeds and types. These include the Brazilian Fila, the Dogo Argentino, the Japanese Tosa, and the American Pit Bull Terrier type.

S33A – 33F allow for classification of certain dogs as menacing, and for strict conditions to be placed on dogs so classified. These include compulsory neutering and muzzling or caging while in public places. All of the prohibited breeds and types are also deemed to be menacing.

S35A-B allowed for the establishment of a National Dog Database of all registered dogs.

S36A allowed (from 1 July 2006) for compulsory microchipping of newly registered dogs, dangerous and menacing dogs, unregistered dogs which have been impounded, and registered dogs which have been impounded twice. ‘Working dogs,’ defined as those kept solely or principally for the purposes of herding or driving stock are exempted from the requirement to be microchipped.

Disqualification of owners and restricted movement of dogs identified as 'dangerous' or ‘menacing’ should be applied whenever deserved.

Recognition of differences between breeds

The NZVA recognises that certain breeds feature more prominently in aggressive behaviour statistics.

The American Pit Bull Terrier (APBT), which is not a registered breed outside the United States, is capable of inflicting severe injury on humans, dogs and other animals and, while many other breeds may be equally aggressive, the physical ability of the APBT and its crossbreds should be recognised.

While a dog's genetic makeup can be exploited to predispose it to attack, the NZVA believes that there is no certainty about ANY dog's response to a perceived threat to itself or to its owner. Dogs which show aggressive traits should not be used for breeding.

Owner responsibility

Owners of all dogs have a responsibility to use whatever appropriate methods of restraint are available to ensure public safety at all times, for example leads, muzzles and fencing.

Some people own dogs that reflect their own aggressive nature. These people use dangerous dogs to protect property and assist in criminal activities including dog fighting. The NZVA believes that the concept of owner licensing (rather than dog registration) should be strongly supported.

Identification

The NZVA does not support veterinarians being used to identify unregistered breeds and/or crossbreeds on the basis of 'visual assessment only' because of the lack of scientific correlation between genetic makeup and physical characteristics.

Education

The NZVA believes that its members should assist the public with correct advice on how to choose the dog most suitable to the particular needs of the prospective owner.

The NZVA believes that early puppy socialisation in the 'non aggressive' domain and ongoing dog training, together with owner education, are the most effective ways of reducing the number of dangerous dogs in the community. Members are encouraged to take the initiative, at the first possible opportunity, in cases where pups are displaying inappropriate behaviours.

The NZVA encourages members to assist their local dog control officers with advice on dog behaviour matters. Veterinarians can also provide referrals to those with a particular expertise in behaviour modification thereby assisting clients who have received notice of a 'dangerous dog' classification of their animal.

Policy Files: 

9f - Dangerous Dogs - 5Mar08.pdf