Dog Control Act 1996
013
Functions, Duties, and Powers of Territorial Authorities
10
Duty of territorial authorities to adopt policy on dogs
10. Duty of territorial authorities to adopt policy on dogs---(1)
Every territorial authority shall, before the 31st day of March 1997,
adopt, in accordance with the special consultative procedure prescribed
by section 716A of the Local Government Act 1974, a policy in respect of
dogs in the district of the territorial authority.
(2) For the purposes of subsection (1) of this section, the
territorial authority shall, under section 716A (1) (b) of the Local
Government Act 1974, give specific notice of the draft policy to the
owner of every registered dog within the district of the territorial
authority.
(3) Every policy adopted under this section---
(a) Shall specify the nature and application of any bylaws made or to
be made under section 20 of this Act; and
(b) Shall identify any public places in which dogs are to be
prohibited, either generally or at specified times, pursuant to
a bylaw made under section 20 (1) (a) of this Act; and
(c) Shall identify---
(i) Any particular public places; and
(ii) Any areas or parts of the district,---
in which dogs (other than working dogs) in public places are to
be required by a bylaw made under section 20 (1) (b) of this Act
to be controlled on a leash; and
(d) Shall identify those areas or parts of the district in respect of
which no public places or areas are to be identified under
paragraph (b) or paragraph (c) of this subsection; and
(e) Shall identify any places within areas or parts of the district
specified in paragraph (c) (ii) of this subsection that are to
be designated by a bylaw under section 20 (1) (d) of this Act as
dog exercise areas in which dogs may be exercised at large; and
(f) Shall include such other details of the policy as the territorial
authority thinks fit including, but not limited to, details of
the policy in relation to---
(i) Fees or proposed fees; and
(ii) Owner education programmes; and
(iii) Dog obedience courses; and
(iv) The classification of owners; and
(v) The disqualification of owners; and
(vi) The issuing of infringement notices.
(4) In adopting a policy under this section, the territorial authority
shall have regard to---
(a) The exercise and recreational needs of dogs and their owners; and
(b) The need to minimise danger, distress, and nuisance to the
community generally.
(5) Every statement or publication of a policy adopted under this
section---
(a) Shall identify any land within the district that is included in---
(i) A controlled dog area or open dog area under section 26ZS
of the Conservation Act 1987; or
(ii) A national park constituted under the National Parks Act
1980; and
(b) May contain such other information and advice in relation to dogs
as the territorial authority thinks fit.
(6) The territorial authority shall give effect to the policy adopted
under this section---
(a) By making the necessary bylaws, which shall come into force not
later than the 1st day of July 1997; and
(b) By repealing, before the 1st day of July 1997, any bylaws that are
inconsistent with the policy.
(7) No territorial authority shall make any bylaw that is inconsistent
with the policy under this section that, at the time of the making of
the bylaw, is in force in its district.
(8) The territorial authority may, at any time, adopt, in accordance
with the special consultative procedure, an amended policy under this
section and this section shall apply, with the necessary modifications,
to the adoption of that amended policy.
(9) This section shall come into force on the day on which this Act
receives the Royal assent.