Dog Control Amendment Bill (No 2)

Dog Control Amendment Bill (No 2) The Parliament of New Zealand enacts as follows: 1 Title This Act is the Dog Control Amendment Act (No 2) 2007 . 2 Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3 Principal Act amended This Act amends the Dog Control Act 1996. 4 Duty of territorial authorities to adopt policy on dogs Section 10(3) is amended by adding ; and and also by adding the following paragraph: g must include any matters prescribed in regulations made under section 78(1)⁠(ab) . Section 10 is amended by inserting the following subsection subsections after subsection (5): 5A The territorial authority must fulfil the requirement under subsection (3)⁠(g) (to include any matters prescribed in regulations in its policy)— a not later than 12 24 months after the regulations are made; and b using the special consultative procedure. 5B Despite subsection (5A)⁠(a) , a territorial authority may fulfil the requirement in subsection (3)⁠(g) (to include any matters prescribed in regulations in its policy) later than 24 months after the regulations are made if— 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of time for the period specified in writing to the territorial authority. 5 New section 33E substituted Section 33E is repealed and the following section substituted: 33E Effect of classification as menacing dog 1 If a dog is classified as a menacing dog under section 33A or 33C, the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. 2 Subsection (1) does not apply if— 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). 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— 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 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 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 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 Subsection (4) does not apply if the owner of the dog has previously produced to the territorial authority a certificate issued by a veterinarian certifying that the dog is or has been neutered. 6 Regulations 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 fit, in its policy on dogs under section 10: . 7 New section 78A substituted Sections 78A, 78B, and 78C are repealed and the following section is substituted: 78A Regulations amending Schedule 4 1 The Governor-General 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 part of the schedule to another part of the schedule: 2 Before making a recommendation for the purposes of subsection (1) , the Minister must, in respect of each breed or type of dog referred to in the proposed order,— a consult the representatives from local government, animal 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 ii the tendency of the breed or type to attack; and 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 type in any other country. 3 For the purposes of making a recommendation under subsection (1) , the Minister may also— a consult any other person or organisation that he or she thinks relevant; and b seek advice on, and have regard to, any other matter that he or she thinks relevant. 8 Further amendments to principal Act The principal Act is amended in the manner set out in the Schedule . 9 Transitional provision for owners of dogs classified as menacing under section 33C before commencement of this Act 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 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 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. Subsection (1) does not apply if the owner of the dog has previously produced to the territorial authority a certificate issued by a veterinarian certifying that the dog is or has been neutered. Schedule Consequential amendments to principal Act Omit or 33C . Omit section 33E(1)⁠(b) and substitute 33E(3) . Omit or 33C . Omit section 33EB(2) and substitute 33EB . Omit authority and substitute authority; and . Paragraph (a): omit ; and and substitute ; or . Paragraph (b): omit ; and and substitute ; or . Omit 33E(1)⁠(a), and substitute 33E . Omit 33E(1)⁠(a) and substitute 33E . Omit section 33A or 33C; and and substitute section 33A; and . Omit 33E(1)⁠(b); and substitute 33E(3) ; . Heading to section 33EC: omit 33E(1) and substitute 33E . Subsection (1): omit 33E(1) and substitute 33E . Subsection (2): omit 33E(1) in each place where it appears and substitute in each case 33E . Omit section 33E(1)⁠(a), and substitute 33E(1) , . Omit reponsible and substitute responsible . Insert territorial before authority . Omit as and substitute has . Omit 33E(1) and substitute 33E . Heading to Schedule 4: omit 33A, 33C, 78A–78C and substitute 33C, 33D, 78A . Heading to Schedule 4: omit and muzzling and substitute , muzzling, and neutering .