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disputes

Dog attacks and nuisance animals: Council dispute processes

Key Takeaway

In New Zealand, dog attacks and nuisance animal issues involve local councils enforcing the Dog Control Act 1996. For compensation for damages, individuals can use the Disputes Tribunal. This process is informal, aims for resolution, handles claims up to $30,000, and does not typically involve legal representation. Councils and the Tribunal serve distinct roles in resolving animal-related disputes.

Dispute Resolution for Dog Attacks and Nuisance Animals: Council Processes and the Disputes Tribunal

In New Zealand, managing issues related to dog attacks and nuisance animals involves a two-pronged approach: the enforcement actions of local councils under specific legislation, and the resolution of civil claims between individuals through bodies like the Disputes Tribunal. Councils are responsible for public safety and compliance with animal control laws, while the Disputes Tribunal offers a forum for individuals to seek compensation or other specific relief for damages caused by animals.

Council's Role in Dog Control and Enforcement

Local councils across New Zealand are responsible for administering and enforcing the Dog Control Act 1996 (DCA). This Act outlines the duties of dog owners, the powers of dog control officers, and procedures for dealing with dog-related incidents.

Reporting Incidents to the Council

When a dog attack occurs, or a dog is causing a nuisance, the first step for an affected person is generally to report the incident to their local council's animal control services. A "dog attack" is defined as a dog rushing at, biting, or otherwise attacking a person or animal, or significantly damaging property, without justification [Source: Dog Control Act 1996, s 33A(1)]. Dog owners have a duty to ensure their dog does not attack or cause injury, distress, or alarm to a person or animal [Source: Dog Control Act 1996, s 57(1)].

Council Powers and Actions

Upon receiving a report, a council's animal control officers may:

  • Investigate the incident: This may involve taking statements, inspecting the scene, and gathering evidence.
  • Seize the dog: A dog control officer has the power to seize any dog that is acting aggressively, causing a nuisance, or wandering at large [Source: Dog Control Act 1996, s 33C, s 56].
  • Issue an infringement notice: For minor offences under the DCA, such as failing to keep a dog under control or allowing it to wander, an infringement notice may be issued [Source: Dog Control Act 1996, Part 5A].
  • Issue a dangerous dog classification or menacing dog classification: Following an attack, a council may classify a dog as menacing or dangerous, imposing strict conditions on its ownership [Source: Dog Control Act 1996, ss 31, 33A, 33C].
  • Apply for a destruction order: In severe cases, especially where a dog has seriously attacked a person or another animal, the council may apply to the District Court for an order to destroy the dog [Source: Dog Control Act 1996, s 33D].
  • Prosecute the owner: For serious offences, a council may prosecute the dog owner in court, which can result in fines, disqualification from owning dogs, or other penalties [Source: Dog Control Act 1996, s 57(5)].

It is important to note that while councils can enforce animal control laws and take action against offending dogs and owners, their primary role is not to award compensation for damages to individuals. For this, a separate civil process is usually required.

Dispute Resolution through the Disputes Tribunal

The Disputes Tribunal is an independent judicial body in New Zealand designed to resolve civil disputes between individuals quickly, inexpensively, and informally [Source: Disputes Tribunals Act 1988, s 4]. It provides a forum for individuals to seek monetary compensation for damages, or specific orders, without the need for lawyers.

Jurisdiction of the Disputes Tribunal

The Disputes Tribunal can hear claims relating to dog attacks or nuisance animals primarily for:

  • Monetary Claims: Claims for the recovery of money [Source: Disputes Tribunals Act 1988, s 10(1)(a)]. This commonly includes veterinary expenses for an injured pet, medical bills for personal injury, replacement costs for damaged property (e.g., clothing, garden items), or loss of income due to injuries caused by a dog attack.
  • Damage to Property: Claims for relief in respect of damage to property [Source: Disputes Tribunals Act 1988, s 10(1)(b)]. This could involve damage caused by a dog to fences, gardens, or other possessions.

The Tribunal's jurisdiction is limited by the amount claimed. As of July 2023, the maximum claim amount is $30,000. This limit can be extended to $50,000 if all parties involved agree in writing [Source: Disputes Tribunals Act 1988, s 13]. The Tribunal cannot hear claims for personal injury if the claimant has received or is entitled to receive accident compensation under the Accident Compensation Act 2001 [Source: Disputes Tribunals Act 1988, s 11(2)].

The Process

  1. Lodging a Claim: A person wishing to make a claim (the applicant) must complete an application form and pay the required fee to the Disputes Tribunal. The application outlines the nature of the dispute, the amount claimed, and the names of the parties involved [Source: Disputes Tribunals Act 1988, s 20].
  2. Notification: The Disputes Tribunal Registrar (an officer responsible for the administrative functions of the Tribunal) will then serve a notice of the claim on the other party (the respondent) [Source: Disputes Tribunals Act 1988, s 21].
  3. Hearing: The dispute is heard by a Referee, who is a trained legal professional appointed to conduct hearings and make decisions [Source: Disputes Tribunals Act 1988, s 7]. The hearing is informal, and parties represent themselves. Lawyers are generally not permitted to appear on behalf of a party, unless the Tribunal gives special permission in exceptional circumstances [Source: Disputes Tribunals Act 1988, s 38]. The Referee's role is to help parties reach an agreement through discussion and mediation. If an agreement cannot be reached, the Referee will make a binding decision.
  4. Evidence: Parties should bring all relevant evidence, such as photographs, veterinary reports, medical certificates, receipts for expenses, and witness statements.
  5. Orders: The Tribunal can make various orders, including ordering one party to pay money to another, or ordering the performance of specific work or services [Source: Disputes Tribunals Act 1988, s 18]. For dog-related disputes, this usually means ordering compensation for damages. The Tribunal cannot, however, make orders directly related to the control or destruction of a dog; such matters remain within the jurisdiction of the council and the courts under the Dog Control Act 1996.

Costs

There is an application fee to lodge a claim with the Disputes Tribunal. However, the Tribunal generally does not award legal costs or expenses incurred by the parties beyond the initial application fee and reasonable witness expenses [Source: Disputes Tribunals Act 1988, s 41]. This helps to keep the process affordable and accessible.

What to Expect

Expect an informal and non-adversarial environment. The Referee will guide the discussion, ensuring both parties have an opportunity to present their side of the story and any supporting evidence. The focus is on finding a fair resolution to the dispute.

When to Seek Independent Legal Advice

If a dispute involves complex legal issues, significant sums beyond the Tribunal's jurisdiction, or if a party is considering appealing a Tribunal decision, it is advisable for individuals to seek independent legal advice from a lawyer. For free legal information and assistance, individuals can contact their local Community Law Centres.

Key Resources