Dog Law

• The law in relation with dogs is becoming increasingly difficult for owners.

• Fines/Penalties are increasing. Restrictions on owners are more onerous.

• Councils have the power to prosecute and to seize and destroy animals.

• Your dog can be declared dangerous or menacing by the council regardless of the outcome of a prosecution.

• Penalties can include additional compensation for persons injured by your animal.

• It is important not to delay in seeking legal advice in regard to the best way forward in your particular circumstances.

TIMELY ADVICE IS ALWAYS BEST

Timely intervention can avoid significant costs down the track.

A dog once seized by Council will ordinarily be held in either a Council owned Pound or other facility. Current daily costs for feeding/housing your dog vary between pounds and Councils but on average are in the vicinity of $27.00 per day. Your dog will be  held in the pound until the final outcome or hearing of the case in the Magistrates' Court. This can be some months after the initial charges are laid. The accrual of pound fees can amount to very substantial sums and will be a cost you have to bear if there is a finding made against you as the dog owner or responsible person.

COUNCIL INTERVIEWS

Prosecutions by Councils have to be conducted in the same way police prosecutions are conducted. You must be given a warning by officers that you are not obliged to say anything. And indeed it is often the case that it is best not to. At least not until you have received legal advice. Quite often lawyers find their clients have already spoken with the Council prosecutors weeks before they are consulted only to find damaging admissions have been made. Admissions that will be used in Court against the owner.

DEFENCES

There are possible defences available to charges laid against you. Some of these are set out in the Domestic Animals Act itself and include such things as someone trespassing on your land, or someone teasing your dog or indeed your dog defending you if you were being attacked.

It is important to know that whilst Councils prosecute, they are obliged to adopt the procedures for criminal law cases in the same way police prepare and investigate their cases. This means that before you are questioned by the Council investigator you must be given a warning that you are not obliged to say anything. And that is correct. The Council has to prove everything. You do not need to prove your innocence as the dog owner.

REMEMBER-TIMELY AND EARLY ADVICE IS BEST!