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My dog has bitten or rushed at someone. What happens now?
It can happen in seconds.
Your dog bites someone. Or rushes at a person or another dog. You aren't even sure if they caused an injury.
But someone complains. Council calls. A dog control officer arrives at your home.
Suddenly, you are worried about what happens to your dog — and what happens to you.
What you do next can matter.
First, don't assume the worst.
A complaint about your dog does not necessarily mean that you will be prosecuted or that your dog will be destroyed.
There can be a number of possible outcomes depending on what happened, the seriousness of the incident, your dog's history, the evidence and the decisions made by Council.
But dog control matters can become serious quickly. The Dog Control Act gives councils significant powers and creates a range of consequences for both dogs and their owners.
Getting good advice early gives you the opportunity to understand the situation before important decisions are made.
What could happen after an incident?
Council may investigate after receiving a complaint that a dog has bitten, attacked, rushed at or otherwise endangered a person or animal.
Depending on the circumstances, that could lead to:
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Council taking no further action
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a warning or infringement
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your dog being impounded
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your dog being classified as menacing or dangerous
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conditions being imposed on how your dog is kept or controlled
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prosecution of the owner
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in the most serious cases, the possibility of a destruction order.
The important point is that not every incident is the same and not every incident should have the same outcome.
Council wants to speak to me. What should I do?
Get in contact with us.
It is natural to want to explain what happened immediately, particularly if you believe the complaint is unfair or only tells one side of the story.
But remember that what you say becomes part of Council's evidence.
Before giving a detailed statement, it can be sensible to understand:
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What is being alleged?
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What information does Council already have?
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What offence or other action is being considered?
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What evidence might support your account of what happened?
Getting legal advice doesn't mean refusing to cooperate with Council. It means making an informed decision about how best to respond.
Was it actually an attack?
In law, words matter.
People often use words such as attack, bite, rush, lunge and aggressive interchangeably. The law does not necessarily treat them as the same thing.
The Dog Control Act contains separate provisions dealing with dogs attacking people or animals and dogs rushing at or startling people, animals or vehicles in particular circumstances.
That means the detail matters.
Where was the dog? What did it actually do? Was there contact? Was anyone injured? What happened immediately beforehand? What did the witnesses actually see?
A label such as “dog attack” should not replace a careful examination of what actually happened.
What evidence should I keep?
Evidence can disappear surprisingly quickly.
If there has been an incident involving your dog, preserve the evidence as much as possible.
This can include things such as:
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Photographs or video of the location, gates, fences, signs and surrounding area.
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CCTV, doorbell or phone footage before it is automatically overwritten.
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Witness details, including people who saw what happened immediately before or after the incident.
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Photographs of injuries, including any injuries to your own dog.
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Veterinary records if another animal or your dog received treatment.
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Council correspondence, infringement notices, classification notices and emails.
And write down your own recollection of what happened while events are still fresh.
Get in contact with us to find out more about what you should be keeping.
Could my dog be put down?
This is understandably the question many owners are most frightened to ask.
For some dog attack offences, destruction can become a very real legal issue.
The consequences depend on which provision is involved and what happens in the case.
This is one reason it is important to identify the actual allegation and legal pathway, rather than assuming that every dog incident carries the same consequences.
Why getting advice early matters
There is often much more to a dog incident than the few seconds in which it occurred.
We may need to look at:
THE DOG
Its history, temperament, behaviour, health and what it was responding to.
THE INCIDENT
Exactly what happened before, during and after it.
THE EVIDENCE
Witness accounts, photographs, video, injuries, veterinary evidence and Council's investigation.
THE LAW
What offence or regulatory action is actually available and what Council must establish.
WHAT HAPPENS NEXT
How you respond now may affect the options available later.
Why DogLawyer?
Dog cases aren't just about law.
I’m Dr Ian Robertson, the Principal of Guardianz. I'm often referred to as 'that guy who's a vet and a lawyer'.
I started my career as a clinical veterinarian, later become a lawyer, and worked as a prosecutor for the Ministry of Primary Industries. Today, I leverage this unique blend of expertise as a defence barrister, specialising exclusively in the field of animal law.
Animal law is not just one of the things I do; it’s the entire focus of my work as a lawyer.
Guardianz is the only law firm in New Zealand dedicated to the practice of animal law. We genuinely care about animal law being done well and the outcome you get.
How do you want to look back on things in 12 months?
What's the best that could happen?
What's the worst?
Smart steps taken at the right time are routinely key factors that affect your outcomes in these matters, so your next step is simply to fill in this contact form.
CONTACT US
You can help us to help you by using the 'Message' section in this form to tell us:
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Where you are in the country
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Key dates and details about the problem that you're facing; and
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What you would like to see as the outcome.
"Bottom line," it doesn’t matter where you are in New Zealand; one way or another, we can help you put your best case forward.