We have considerable experience in dog control prosecutions. If you need legal help with a dog control matter, please get in touch with our team here.
Defending Your Dog
Unfortunately, New Zealand dog owners are regularly before the courts for alleged misconduct of their dogs. On average, local councils commence between 400 - 500 prosecutions in courts across the country under the Dog Control Act 1996, and of those prosecutions approximately 80 orders are made each year for the dog to be put down.
What are the penalties?
As an owner (or a person in control/possession of a dog), you can be criminally liable for the actions of your dog. If your dog attacks a person or animal, you can be convicted and sentenced to a fine of up to $3,000 (for the most common offences). If the attack causes injury, the outcome may be a fine, community work or even a term of imprisonment. Importantly, where an attack has occurred, a Court must order the destruction of the dog unless the exceptional circumstances test is met.
If your dog is involved in an attack, it is likely that a complaint will be made to your local council. The council’s dog control officers will investigate and determine whether there is evidence supporting the complaint and may decide to file charges against you as the owner.
The council does have discretion whether to file a criminal charge. By engaging constructively with council from the start, you may be able to negotiate an alternative solution for you and your dog. Engaging a lawyer to represent you as early as possible will provide you with the best prospects of avoiding prosecution and worse still, a destruction order
Can I get my dog “bail”?
After an attack the Council will typically impound the dog believed to have been responsible.Owners are understandably eager to ensure their dog is returned as soon as possible. Before the council can consider returning a dog to its owner, they must consider whether your dog poses a threat to the safety of people or animals if it were released. If they are satisfied it is safe to do so,, you will be given written notice and have seven days to pay the pound fees and claim your dog.
If the council has concerns about the risks your dog may pose, a request for the release of your dog is likely to be refused. As an owner, you can challenge this decision in court and try to secure your dog’s release by showing that the council does not have reasonable grounds for its position. Legal representation can be of considerable assistance when you are trying to achieve “doggie bail”.
What do I do when my dog and I are prosecuted?
If the council decides to prosecute you as owner, you can plead either guilty or not guilty to the charges.
If you plead not guilty, the matter will proceed to a ‘judge alone’ trial at your local District Court. This is not a quick process, and from the time charges are filed against you, it can take more than a year for a prosecution to reach a trial date.
If you plead guilty to a dog attack charge (or are found guilty following a trial) then the court will sentence you (and your dog) for the offence. While the most likely outcome for an owner is a fine, the court must also order the destruction of the dog, unless it is satisfied that the circumstances of the offence were exceptional.
The exceptional circumstances test is a high threshold and the courts require the circumstances of the attack to be unique, special or substantially unusual. The court undertakes an assessment as to the future risk of the dog attacking another person or animal. It is important to understand that the Court’s focus here is on the circumstances of the attack itself, and not steps taken by owners after the incident, such as behavioural training. The Court will consider matters such as the nature of the attack, whether there was an injury, the history of the dog owner, past behaviour of the dog, and whether any preventative steps were taken to reduce risk and if so, why these steps failed. Generally speaking, if there is a risk of a further attack, a destruction order is likely.
If you find yourself at the centre of a dog control matter, we recommend you engage legal representation as soon as possible.
Nathan Batts of our office has considerable experience in dealing with local council prosecutions and understands the importance of bringing your dog home. We are Auckland based but are able to travel across the country to defend your dog.
