33AMeaning of “menacing” and “menacing breed or kind of dog”

#### 33A Meaning of “menacing” and “menacing breed or kind of dog” 33A Meaning of “menacing” and “menacing breed or kind of dog” > > (1) For the purposes of this Act, a dog is menacing if it— > > > > > (a) has displayed unreasonable aggression towards a person or animal (other than vermin), or > > > > > (b) has, without provocation, attacked a person or animal (other than vermin) but without causing serious injury or death. > > > (2) The regulations may declare a breed or kind of dog to be a menacing breed or kind of dog. > > > (3) The Minister is not to recommend the making of a regulation under subsection (2) unless the Minister is satisfied that the breed or kind of dog concerned displays characteristics associated with menacing behaviour. A failure to comply with this subsection does not invalidate the regulation concerned. > > > (4) For the purposes of this section, a serious injury includes any of the following— > > > > > (a) any injury that requires hospitalisation of a person or animal, > > > > > (b) a broken bone that requires medical or veterinary attention, > > > > > (c) a major laceration (that is, a wound caused by the tearing of body tissue or by multiple punctures caused by more than one bite from a dog) that requires medical or veterinary attention, > > > > > (d) a partial or total loss of sensation or function in a part of the body that requires medical or veterinary attention, > > > > > (e) any other injury requiring medical or veterinary attention, of the same level of seriousness as the injuries described in paragraphs (b)–(d), > > > > > (f) an injury that requires a person to have cosmetic surgery. > > **s 33A:** Ins 2013 No 86, Sch 1 \[27\]. Am 2018 No 27, Sch 1 \[8\].