Seizing problem dogs prior to issuing control orders

LG Leader June 2019

Authorised persons are often left dealing with irresponsible dog owners who allow their dogs to escape their property time and time again without appropriate fencing being put in place.  Often this may result in the dogs wandering at large until they are caught, but the situation is more serious when serial dog escapees attack or harass neighbouring people, pets or commonly livestock.

In situations like this, Councils commonly decide to place a control order on the problem dogs requiring the owner to fence the property adequately.  If this is the approach undertaken, then section 52(1)(b) of the Dog and Cat Management Act 1995 (“the Act”) requires the Council to give the dogs’ owners 7 days written notice of the intention to pursue the control order.  Often this approach is adequate for situations where the dogs’ premises allows them to be contained during this 7-day period, but a week can be a long time for a situation involving serial escapee dogs.  In these situations, the protection of the other residents, their pets and indeed livestock should be a paramount consideration for authorised persons.

Section 60 of the Act is useful in these situations as it permits an authorised person to seize a dog in order to prevent it attacking, harassing or chasing people, pets or livestock.  By utilising this section of the Act, the immediate danger presented by the dogs’ behaviour is removed and allows some ‘breathing space’ for authorised persons to assess the next steps.  Section 61(4)(b) of the Act then allows 7 days in which to provide the dogs’ owners with a dog control notice of intention.  Importantly, throughout this process, the dogs remain detained within a Board approved facility.  Assuming a Control Order is then issued after the 7-day period, the Council is left in much greater control by ensuring that the property where the dog will be housed is appropriately secured prior to releasing the dog back to its owners.