28Debarking—the Act, s 12(2)

28 Debarking—the Act, s 12(2)

28 Debarking—the Act, s 12(2)

(1) The circumstances in which a veterinary practitioner may operate on a dog for the purpose of preventing the dog from being able to bark are that, before performing the operation—

(a) the dog is 6 months of age or older, and

(b) the veterinary practitioner is satisfied that—

(i) a behavioural treatment plan has been prepared for the dog, and

(ii) the owner has implemented the behavioural treatment plan but the implementation of the plan has not successfully prevented the dog from nuisance barking, and

(c) the veterinary practitioner is given—

(i) a copy of an order issued under the Companion Animals Act 1998, section 32A that requires the owner of the dog, whether or not the current owner, to prevent the dog from nuisance barking, and

(ii) a statutory declaration by the owner of the dog to the effect of the following—

(A) all reasonable steps other than the operation have been taken, without success, to prevent the dog from nuisance barking,

(B) unless the operation is performed, the dog will be destroyed.

(2) In this section—

nuisance barking means barking or howling that is persistent or continues to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of any person in premises other than the premises at which the dog is ordinarily kept.

behavioural treatment plan, for a dog, means a plan, prepared in consultation with a veterinary practitioner, for the reasonable modification of the dog’s environment to address the dog’s physical or psychological needs for the purposes of preventing the dog from nuisance barking.