Imagine this: You’re walking your dog on a leash in an on-leash area when an off-leash dog runs up. The aggression escalates. What does the law say you can do?
Under New Zealand's Dog Control Act, if an off-leash dog rushes or attacks, its owner is potentially prosecutable. Reporting the incident to the council—ideally with photos or video—is important for many reasons.
If your dog is in imminent danger, there’s an argument that says you have the right to use “reasonable force” to protect it, as your dog is considered your property under the law. But what’s “reasonable” depends on the situation. Remember not to use ‘excessive’ or ‘unreasonable’ force, as that elevates the risk of legal problems for you.
How do you prove what you’ve done is reasonable? Based on what we've seen, the answer to that question is in the three points (of several) we’ve selected for you below, based on what dog owners often tell us they wish they had known, or thought about, sooner:
Think ahead: Pick safe walking routes and times. If you see a risk ahead (e.g an unknown dog), get off the track or change direction.
Pictures are good! This is a key one since lawyers like ‘evidence’ and councils rely on 'proof'—take your phone with you on the walk. Photos and videos help avoid differences of opinion or recollection later.
Walk smart: If possible, walk your dog with a friend. It's often safer, and if necessary, two accounts of what happened are better than just one.