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.