Record your account of the interaction
As soon as the officer has left write down what was said, the actions taken, details about the officer, what they allege, and any documents they left with you.
The Dog Control Act 1996 give officers warranted by a council (within there district) the power of both entry and seizure. However, this power is limited and only applies if there is reasonable belief of an offence. An officer doesn’t have the power to go “fishing” or enter a dwelling (This is more than just your house)
Although a warranted officer can seize your dog for any suspected offence under the Dog Control Act (Time limitations apply), a number of steps must be followed before, during and after the seizure for it to be legal and upheld. Many seizures can be overturned on failure to follow lawful process.
You do not have to cooperate with a Dog Control Officer; however, it is an offence to actively obstruct or refuse to provide the following details if asked - Full Name, Date of Birth, Address, Phone number, Place of Work, Dog Name, Sex and description of the Dog.
You have the right to tell a Dog Control Officer to leave your property (However they are not required to leave, if following strict legal requirements to remain on the property and/or complete a search).
You have the right to demand the Dog Control Officer present their Warrant of Appointment and proof of identity if they are excursing a power.
If you have had an interaction with a Dog Control Officer that you believe you have been mistreated, had your rights breached or just want to be sure that everything was done legally. We are hear to help: to ensure your best chance of success should an unlawful action have taken place we suggest.
As soon as the officer has left write down what was said, the actions taken, details about the officer, what they allege, and any documents they left with you.
You have the right to record any interaction you are party too and there is no requirement to advise you are recording
Other than the specified information there is no requirement to provide a statement, your side or an account of any alleged offence – in fact many times this information will be used against you.
Contact the CAB, a Lawyer, councilor or us early in the process to ensure fair and legal treatement.
Adman Dube
Reach out now to speak to an advocate that will fight for you