Classifications | Hamilton City Council

Dangerous and menacing dogs

Dogs showing potentially dangerous behaviour and certain breeds of dogs are classified as dangerous or menacing. Find out about the different regulations that apply to these dogs:

Dangerous dogs

A dog can be classified as dangerous, regardless of its breed, if:

There is a reason to believe it poses a threat to the safety of any person, animal, or protected wildlife based on evidence of aggressive behaviour.

The owner has been convicted of an offence due to the dog rushing at a person, animal or vehicle.

The owner admits that the dog poses a threat to the safety of any person, animal or protected wildlife.

If we classify your dog as dangerous:

We will issue a notice of your dog’s classification.

Within one month of getting the notice of classification, your dog must be:

- kept in a fenced area of your property – this should be separate and fences from the entry into your property
- either neutered or certified unfit to be neutered before the date specified
- muzzled in public except in a vehicle or cage
- on a leash at all times in public.

Your dog’s registration fee will be higher than other dogs that are not classified as dangerous. You must not change ownership of your dog without our written consent.

Menacing dogs

A dog can be classified as menacing either by its breed or behaviour.

Menacing by breed

The Dog Control Act automatically classifies dogs that are wholly or predominately of these breeds as menacing, no matter how they behaviour individually.

American Pit Bull Terrier

Brazilian Fila

Japanese Tosa

Dogo Argentino

Perro de Pressa Canario.

Menacing by behaviour

Any dog can be classified as menacing by deed regardless of its breed. This happens when a dog has been proven to be a risk to the public, other animals or protected wildlife.

If we classify your dog as menacing:

We will issue a notice of your dog’s classification.

Once your dog is classified as menacing, it must be:

muzzled in public expect when in a vehicle or cage

either neutered or certified unfit to be neutered within one month

microchipped within two months.

Probationary and disqualified dog owners

As a dog owner, you will be classified as a probationary owner if:

You have received three or more infringement notices within a two-year period or have been convicted of any offence under the Dog Control Act 1996.

This means that:

the probationary owner status will apply for two years

any dog not registered at the time of the classification must be rehomed or disposed of within 14 days

any dog already registered may be kept by the owner, but no new dogs can be owned by this person

as a probationary owner, you may be required to take dog owner education training and/or dog obedience classes.

Anyone who has received three of more infringement notices within a two-year period, or who has been convicted of any offence under the Dog Control Act 1996 may also be classified as a disqualified owner.

This means that:

you may not be allowed to own a dog for up to five years from the time of disqualification

any dog owned by you as a disqualified owner must be rehomed or put down within 14 days

transferring ownership of a dog to another person at the same address is not acceptable

any owner not adhering to these conditions may be fined up to $3,000 and have their disqualification period extended by a further five years.

Objections

If your dog has been classified or you have been made a probationary or disqualified owner, you may object to the classification by lodging with Hamilton City Council a written objection within 14 days of receipt of the notice. You must set out the grounds on which you object.

You also have the right to be heard in support of your objection and will be notified of the time and place at which your objection will be heard.