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Dog Control Amendment Bill (No 2) (Consistent) [2007] NZBORARp 47 (12 November 2007)

Last Updated: 5 January 2019

Dog Control Amendment Bill (No 2)

12 November 2007 Attorney-General LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

DOG CONTROL AMENDMENT BILL (No 2)

1. We have considered whether the Dog Control Amendment Bill (No 2) (‘the Bill’) (PCO 12263/5) is consistent with the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). We understand that this Bill is likely to be considered by the Cabinet Legislation Committee at its meeting on 15 November 2007.
   
2. This Bill seeks to amend the Dog Control Act 1996 (‘the Principal Act’). The Bill

modifies the provisions of the Principal Act to:

• require the mandatory neutering of all dogs that have been deemed to be menacing dogs, by reason of their belonging to a breed or type listed in Schedule 4;
  
• create a regulation-making power to authorise the Governor-General to make regulations setting out the issues that territorial authorities must address in their dog control policies; and
  
• simplify the process for adding more breeds to the import ban (and related menacing classification by territorial authorities).
  

3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed by the Bill of Rights Act.
   

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Dog Control Amendment Bill (No 2). It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.