Tough new dog law heralds microchipping, nuisance fines
Dog owners will have to get their animals microchipped, according to a Bill tabled before Parliament.
The Dogs Act 2008 reinforces the limit on members of the public only owning two dogs and requires people to obtain an annual licence. Owners must microchip their animals and each must wear an ID tag.
There are also strict regulations on care and protection.
Penalties for those found guilty of offences under the Act include a $10,000 fine and/or up to six months' imprisonment. There are also lesser fines of $200 for barking/noise, $50 for unleashing a dog in a public place, $100 for letting a dog stray, and $50 for soiling property.
Failure to microchip your pet will cost a person $100, while keeping an unlicensed dog is punishable by $250. Obtaining a dog from an unlawful source (such as an unlicensed breeder) or keeping more than two dogs without a licence has a $500 penalty.
And owners who neglect their animals could face fines of $200, for providing inadequate water, shelter and space.
The wording of the Act states: "The purpose of this Bill is to make better provision for the care and protection of dogs and to repeal the Dogs Act 1978."
The Bill stipulates owners must ensure their dog has drinking water, "reasonable shelter against the sun, wind and rain", and that the animal "is able to move freely within an area that is not less than 18 sq ft".
Spiked collars are also banned, under fine of $50. And if a dog is chained up, each chain link must not exceed quarter of an inch.
The Dogs Act 2008 also sets out penalties for the seizure of dogs which are unlicensed — such as those bred illegally or those in a household of more than two. People can only keep more than two dogs with the Director's "written permission".
There are also procedures for dogs which attack people, domestic animals or birds, and a damages policy for compensating those who are injured or whose property is damaged.
The Act states: "A Police officer designated by the Commissioner of Police or any person designated by the Director may lawfully destroy a dog which they see attacking a person or a domestic animal or bird".
Any dog causing death or injury does not get a second chance, in that the plaintiff does not have to prove "a previous mischievous propensity in the dog". The keeper of the dog is liable "unless they can show that the person (or the animal) was trespassing on his property or the property of a person in lawful control of the dog".
Damaging personal property, crops or plants, and leaving faeces or repeatedly urinating on another person's property, are all classed as an offence. And if a dog "repeatedly makes noise to the annoyance of one or more persons in the neighbourhood" such as "frequent barking", this is also considered an animal 'out of control'.
The Bill gives powers to the courts to issue emergency orders and to authorise officers (animal wardens, veterinary officers or Police) to enter homes and buildings where an offence has been committed.
Officers will have the power "at all reasonable hours to enter any premises" if it is suspected people have more than two dogs or who are breeding animals without a licence. However, they must give 24 hours notice to gain entry to a private dwelling.
The courts can also order the destruction of dogs deemed "dangerous". But there is an appeals procedure for all offences under the Act — to be set out by the Chief Justice.
The Ministry of the Environment will also maintain a register of dog owners, with the public responsible for notifying the Director of Environmental Protection if an animal either transfers to a new owner, travels overseas or dies.
What do you think of the proposed Dogs Act 2008?
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