The Dog Control Act 2000 states that it is legal to restrain or destroy a dog under the following circumstances:
- if a dog is attacking you personally; or
- if you see a dog attacking another person, another animal, or a guide dog or hearing dog.
There is also a provision in the Dog Control Act 2000 that requires anyone who destroys a dog to do so quickly and humanely, without causing the animal unnecessary suffering. For more information refer to the Animal Welfare Act 1993.
If the situation calls for you to restrain a dog that is at large, you need to notify the council as soon as possible after the event.
If you are a primary producer and you have livestock that need to be protected, you have the legal right to destroy any dog that is found at large on your property. It is recommended that such a primary producer seek independent legal advice in respect to their rights and responsibilities for the manner of destruction of the dog in these circumstances.
In all cases where a dog has been destroyed, the person who has carried out the deed must notify the council within 14 working days and return the dog's registration disc if any was worn.
An authorised council officer or a veterinary surgeon may also seize or destroy a dog if:
- its behaviour is likely to cause injury to another person or animal
- it has already caused injury or death to another person or animal
- it is found in such a distressed or disabled state that it is considered kinder to prevent it further suffering.
If a dog has been seized and destroyed, the authorised council employee or veterinary surgeon must also notify the council of the animal's death, and the reasons why it was destroyed.
