Animal Management (Cats and Dogs) Act 2008
sec.196Defences for offence against s 193 , 194 or 195
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sec.196 Defences for offence against s 193 , 194 or 195
It is a defence to a prosecution for an offence against section 193 , 194 or 195 for the defendant to prove— the dog attacked, or acted in a way that caused fear to, the other person (the complainant ) or the animal— as a result of the dog being attacked, mistreated, provoked or teased by the complainant or the animal; or to protect the defendant, or a person accompanying the defendant (the accompanying person ), or the defendant’s or accompanying person’s property; or for an attack on an animal, the dog was engaged in hunting the animal on private property when the offence happened; or for an attack on stock, the dog is a working dog and the offence happened when the stock were being worked; or the dog is a government entity dog and when the offence happened the defendant was acting within the scope of employment by the government entity; or when the offence happened, the dog was a security patrol dog carrying out that function under the Security Providers Act 1993 . s 196 sub 2009 No. 17 s 320 amd 2024 No. 17 s 27
- (a) the dog attacked, or acted in a way that caused fear to, the other person (the complainant ) or the animal— (i) as a result of the dog being attacked, mistreated, provoked or teased by the complainant or the animal; or (ii) to protect the defendant, or a person accompanying the defendant (the accompanying person ), or the defendant’s or accompanying person’s property; or
- (i) as a result of the dog being attacked, mistreated, provoked or teased by the complainant or the animal; or
- (ii) to protect the defendant, or a person accompanying the defendant (the accompanying person ), or the defendant’s or accompanying person’s property; or
- (b) for an attack on an animal, the dog was engaged in hunting the animal on private property when the offence happened; or
- (c) for an attack on stock, the dog is a working dog and the offence happened when the stock were being worked; or
- (d) the dog is a government entity dog and when the offence happened the defendant was acting within the scope of employment by the government entity; or
- (e) when the offence happened, the dog was a security patrol dog carrying out that function under the Security Providers Act 1993 .
- (i) as a result of the dog being attacked, mistreated, provoked or teased by the complainant or the animal; or
- (ii) to protect the defendant, or a person accompanying the defendant (the accompanying person ), or the defendant’s or accompanying person’s property; or