Being charged under the Dog Control Act 1996 can be an overwhelming experience. Such charges often stem from distressing incidents involving your dog, potentially leading to your dog being seized by Animal Management. Your immediate focus is likely on getting your dog back by complying with release conditions and addressing any classifications such as “menacing” or “dangerous.”

However, months later, you might face charges for the incident, which could carry serious consequences, including a criminal conviction and a destruction order for your dog. If you find yourself in this challenging situation, here are five key points to guide you:

1. Where is Your dog?

If Animal Management has seized your dog, recovering the dog is your first hurdle. Generally, you get one chance to apply for your dog's release, and Animal Management is only part of Auckland Council who have a different prosecution team.

• Approval: If Animal Management approves, your dog will usually be returned under specific conditions, such as fencing improvements, fully enclosed yard, or payment of fines.
• Rejection: If they decline, you’ll need to lodge a formal appeal in court. This process is time-intensive and costly, so ensuring your initial application is done right is critical.

2. Understand the Charge

Knowing the specific section of the Dog Control Act 1996 under which you’re charged is crucial.

• Section 57: This carries a mandatory destruction order unless you prove “exceptional circumstances.” The threshold for this is extremely high and difficult.
• Section 57A: This provides a discretionary destruction order, giving you a higher change to save your dog.
• Other sections may involve varying penalties or requirements. Understanding the charges against you is essential to preparing the best defence and plan.

3. Set Your Priorities

What matters most to you? Saving your dog, protecting yourself from a conviction, or both? Your priorities will shape your strategy, so it’s important to clarify your goals early on.

4. Know Your Options

Here are the main options available, depending on your circumstances:

1 Admit fault and apply for diversion (if the Council permits).

2 Claim a total absence of fault (no conviction, no destruction)

3 Plead not guilty and defend your case in court (could be difficult depending on the facts)

4 Dispute the facts, then decide whether to plead guilty or not guilty.

5 Plead guilty and mitigate penalties.

6 Plead guilty and apply for exceptional circumstances under Section 57 (though this is difficult and rarely successful).

7 Plead guilty and apply for a Section 106 discharge without conviction:

• To succeed, you must prove that the consequences of a conviction outweigh the gravity of the offence.
• If successful, this converts a mandatory destruction order into a discretionary one, giving your dog a better chance to avoid destruction.

5. Get Expert Legal Advice

The importance of appointing a competent lawyer with experience in dog-related charges cannot be overstated. Unfortunately, many people receive poor advice that can have devastating consequences.

For instance, I represented a client who was wrongly advised to plead guilty under the advice that it would save his dog. Instead, the guilty plea triggered an automatic destruction order. To rectify this, I had to appeal the conviction and sentencing to the High Court, have the case returned to the District Court, and successfully apply for a Section 106 discharge without conviction. Although we ultimately saved the dog and the client, the process took over a year and cost the client significant legal fees, expenses that could have been avoided with the right advice from the outset. 

Conclusion

Dog charges are emotionally and financially draining, especially for people who see their dogs as family members. These cases demand legal expertise to navigate complex laws and protect what matters most to you.

If you’re facing dog charges, don’t leave anything to chance. Get advice from a lawyer who understands the intricacies of the Dog Control Act 1996. I’m here to guide you through this process and help you achieve the best possible outcome, for you and your dog.

Reach out today to discuss your case.

Check out our YouTube video detailing what to do if you have been charged under the dog control act.