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Dog walking with a muzzle

My dog has been classified as menacing or dangerous.  What can I do?

You've received a notice from Council telling you that your dog has been classified as menacing or dangerous.

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Those words can be confronting, particularly when they don't describe the dog you know.

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But a classification is more than a label.

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It can change the way your dog is allowed to live.

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Depending on the classification, it can mean restrictions on where your dog can go, when it must be on a lead or wear a muzzle, requirements around neutering and, for a dangerous dog, how your dog must be kept at home.

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For a dog accustomed to running, playing, exploring and interacting freely with people and other dogs, those restrictions can have a very real effect on its quality of life — potentially for the rest of its life.

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And in some circumstances, you have only 14 days to object.

What could this mean for my dog's life?

It is easy to look at a classification notice as a piece of Council paperwork.

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For your dog, it can mean much more than that.

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A classification can affect everyday things that form part of your dog's life.

  • Going for a walk.

  • Running off lead.

  • Playing at the beach or park.

  • Meeting other dogs.

  • Being around other people.

  • How your dog is managed at home.

 

A requirement to wear a muzzle can also change the way other people react to your dog. People may avoid a dog they previously approached. Other owners may keep their dogs away. Activities and places that were previously part of your normal routine may become more difficult.

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And restrictions designed to manage risk can sometimes have secondary effects on exercise, stimulation and social interaction if they are not carefully managed.

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That doesn't mean every classified dog will have a poor quality of life. Responsible owners can do a great deal to ensure a dog continues to have a happy and enriched life while complying with the law.

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But it does mean that a classification can have consequences for the dog as well as the owner.

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That is one reason why, if you believe a classification is unjustified, the opportunity to object should be taken seriously.

But my dog isn't aggressive...

We hear this a lot.

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You may be looking at the words MENACING DOG or DANGEROUS DOG on a Council notice and thinking:

"That's not my dog."

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You know the dog that sleeps on the couch. Plays with your children. Goes to the beach. Greets the neighbours. Has lived for years without causing a problem.

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That history can matter — but it doesn't necessarily answer the legal question by itself.

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Dogs can behave differently in different circumstances. A dog that is affectionate and relaxed at home may react differently when frightened, excited, territorial, restrained, approached unexpectedly or confronted by another dog.

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Equally, one incident does not necessarily tell us everything about a dog.

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The important questions are what actually happened, why it happened, whether the behaviour is being accurately described, what the dog's broader history tells us, and whether that evidence meets the legal test Council has applied.

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That is where understanding both the law and the animal can become particularly important.

Should I challenge the classification?

Not every classification should necessarily be challenged.

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But don't make that decision simply because complying with Council seems easier than objecting.

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Before accepting a classification, understand what accepting it may mean for you and your dog in the years ahead.

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Ask:

  • Is the classification legally justified?

  • Does Council's evidence accurately describe what happened?

  • Is this incident representative of my dog's behaviour?

  • Is there evidence Council hasn't considered?

  • What restrictions will the classification place on my dog?

  • What will those restrictions mean for the way my dog actually lives?

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Then we move into the existing section explaining the objection procedure and the 14 day deadline.

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.

Woman and dog looking at computer

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. 

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CONTACT US

You can help us to help you by using the 'Message' section in this form to tell us:

  1. Where you are in the country

  2. Key dates and details about the problem that you're facing; and 

  3. 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.

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