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Dog Control Act 1996  013
Commenced: 1 Jul 1996
Dangerous Dogs
31   Territorial authority to classify dangerous dogs




                             Dangerous Dogs

   31. Territorial authority to classify dangerous dogs---(1) The
 territorial authority shall classify as a dangerous dog---
   (a) Any dog in respect of which the owner has been convicted of an
         offence under section 57 (6) of this Act; and
   (b) Any dog which the territorial authority has, on the basis of sworn
         evidence attesting to aggressive behaviour by the dog on one or
         more occasions, reasonable grounds to believe constitutes a
         threat to the safety of any person, stock, poultry, domestic
         animal, or protected wildlife; and
   (c) Any dog that the owner admits in writing constitutes a threat to
         the safety of any person, stock, poultry, domestic animal, or
         protected wildlife.

   (2) Where any dog is classified as a dangerous dog under subsection
 (1) of this section, the territorial authority shall immediately give
 notice in the prescribed form of that classification to the owner.

   (3) Where any dog is classified as a dangerous dog under subsection
 (1) (b) of this section, the owner may, within 14 days of the receipt of
 notice of that classification under subsection (2) of this section,
 object to the classification in writing to the territorial authority,
 and shall be entitled to be heard in support of his or her objection.

   (4) In considering any objection under this section, the territorial
 authority shall have regard to---
   (a) The evidence which formed the basis for the original
         classification; and
   (b) Any steps taken by the owner to prevent any threat to the safety
         of persons and animals; and
   (c) The matters advanced in support of the objection; and
   (d) Any other relevant matters---
 and may uphold or rescind the classification.

   (5) The territorial authority shall give notice of its decision on any
 objection, and the reasons for its decision, to the owner as soon as
 practicable.
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