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CRIMINAL LAW

Dog Control - New Laws

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This site sets out an overview of the new and old law in relation to animals and in particular to the very specific laws in relation to dogs.

 

We provide you with full details of the law.  

 

You can also click on to our specialist topic -  Impounding Act 1955  because you now have free and open access for 30 days to all the Index Sites on this website.

 

You should also visit all our other related topics in the box above.  Just click staight on.

 

 

The first thing to note is that there is a clear difference between dogs and all other animals. Dogs are in a special category and we will deal with them below after we have given you the law in relation to all other animals.

ANIMALS OTHER THAN DOGS

Before the Animals Law Reform Act 1989 became law, the owner of an animal was liable for damage done by that animal only in certain circumstances. The liability generally only related to dangerous animals, unless there was clear negligence or carelessness on the part of an owner.

You would obviously be liable for damage if you decided to take a very large St Bernard dog into a china shop.

Similarly, if we use the old "bull in a china shop" analogy, the law would say you were liable if you took a bull into a confined area if that bull caused damage. The law would say that you were clearly being careless and you would have to pay for the damages.

But in normal circumstances you would not be liable for damage caused by your animal unless it was known to be a dangerous ani

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"I find this topic really helpful as well as all the topics under the "Weekend Arrest" topic. This is the sort of basic informatin which needs to be taught in schools. Don't you agree?"
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"Interesting, but also see the very helpful Harrassment Act topic which is a beaut! I am curently going to use the Bond thing against my neighbours who are deliberately throwing rocks over on to our lawn. Dick - Hamilton - April 2007."
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Leigh - Kati Kati "

"How frequently are these used? My neighbours throw abuse across the fence every single day. They also throw little pieces of rubbish on to my back lawn. I can put up with so much but every day?? KL - Manurewa

Netlaw replies - Not very often. the Judges don't like them and prefer the Police to handle neighbour disputes. But there are times when they should be granted."

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"I am a retired Solicitor from Kent in England and the $45 I spent on your site was really helpful because I am intending settling in New Zealand and your "one stop shop" was a real boon to me. Thanks again. Arnold T. Devon, England"
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"I found this interesting. I want to sue for punitive damages and I was interested to learn that our courts are pretty conservative. I think the Welfare have quite wrongly taken my kids and I have found out that the affidavit they gave to a Judge to get an order to uplift them was known to the Welfare to be incorrect. They told the Judge that I had drug convictions but when I found out 5 months ago that they thought that I proved then to them that this was untrue yet I have now found that they have still put this false evidence in an affidavit. But they have also told other people about my "drug convictions". You have to watch these people. (name witheld) - May 2007"
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"I was looking round Google to find something about representing myself and I found this and a number of your topics SPOT ON. Thanks. This one was great! Jon F. Auckland - May 2007"
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"Is it possible to get a discharge without conviction on a dangerous driving or reckless driving charge? Thanks

Netlaw replies: Yes, it is possible, but very difficult. There would have to be very special reasons like driving in an emergency situation."

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"The fact examples or samples really helped me. Your topic also gave me confidence to speak up for myself. My case was a simple car accident but the other driver wouldn't pay and my lawyer was going to charge me $700 just to help. Netlaw allowed me successfully to "go it alone". Thanks. Thanks. I am on to making my own will now. Miriam (and hubbie)"
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"Thanks Netlaw,
The Judge has all the lengthy affidavits, photos etc and I agree he would really need to see the site. Will give it a shot and thanks for your prompt response and encouragement.
Cheers . . . . Barry "

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"Dear Netlaw . . . it was really helpful to realise the difficultes in getting suppression of name and to get some of the caselaw. It allowed me to prepare a lot better. I had a silly shoplifting case but I am in my early thirties and I really wanted name suppression. You guys really helped. Also, you other sites are dazzling. Becs (not my real name)

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Feedback/Blogs/Reviews from related topic: Animal Cruelty
"Bastard Noise control officers! What can you do? I don't mind really noisy things being stopped but the officers don't seem to realise who is a genuine complainant and who is just a difficult neighbour.

Steve H. Auckland"

"Would you have any information or help on neighbour with a noisy car REVERSE parking his car with difficulty causing noise disturbance at night, Also may visitors of his boarders come up and down and the driveway at night causing a lot of car noise. Jon

Netlaw replies: A really difficult problem.

Traffic enforcement through the police will not get involved unless the noisy vehicle is being operated on a public road and, even then, prosecutions for a noisy vehicle usually relate to a specific matter such as a car with no exhaust.

Noise control officers with your local Council will find it very difficult to take steps because their powers do not involve prosecutions and punishments but rather involve steps to control noise at any one particular time.

Technically, you can bring a civil action in what is known as the tort of nuisance, but this is time-consuming and fairly costly and usually used only an industrial situations or in urban areas where a neighbour is running a workshop with electric machinery all hours of the night.

You are therefore left, in practical terms, only with approaching the neighbour, perhaps with the assistance of a third person mediator, to try and resolve the matter.

There are no cheap, quick and easy legal remedies apart from the matters referred to above.

Hope this short overview helps.


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Feedback/Blogs/Reviews from related topic: Animal Cruelty
"I was looking round Google to find something about representing myself and I found this and a number of your topics SPOT ON. Thanks. This one was great! Jon F. Auckland - May 2007"
Feedback/Blogs/Reviews from related topic: Animal Cruelty
"The fact examples or samples really helped me. Your topic also gave me confidence to speak up for myself. My case was a simple car accident but the other driver wouldn't pay and my lawyer was going to charge me $700 just to help. Netlaw allowed me successfully to "go it alone". Thanks. Thanks. I am on to making my own will now. Miriam (and hubbie)"
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"Great. See the other topics on Statement of Claim -Some Examples - Graeme - Tauranga"
Feedback/Blogs/Reviews from related topic: Animal Cruelty
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"Excellent. I found it easy too. I also looked at the Harrassment topic. It was very easy to understand. A local cop served the Trespass notice for me. He said they don't do it all the time but in my circumstances (urgency) the police were prepared to help. But your topic allowed me to do my own Notice and I really felt better for sticking up for myself. Donna - North Shore June 2007"
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