Here’s a clear explanation of your rights and what the law says in New Zealand (including Southland) about dogs wandering off your property, what the council can do, and what your neighbour can do if your dog keeps straying onto their farm:
🐕 1. Your obligations as a dog owner
Under the Dog Control Act 1996, you must keep your dog under control at all times:
- That means the dog must not leave your property without supervision or restraint (e.g., good fencing, training, a handler).
- If your dog is found wandering (“at large”), you can be fined for not keeping it under control. Locally, councils like Southland District Council often issue $250 fines per incident for dogs roaming and causing a nuisance. (Southland District Council)
🛑 2. Can the council seize or destroy your dog?
Seizure / impoundment
Yes — under the Dog Control Act and Council bylaws:
- A dog control officer / dog ranger can seize and impound a dog found roaming, or if the dog is not under proper control or not confined properly on your land.
- The council can hold the dog in a pound. You must normally pay fines/fees before they will release the dog back to you. (Southland District Council)
Destruction
- Councils cannot simply shoot your dog because it’s wandering.
- A dog will only be put down if:
- A District Court orders its destruction (e.g., if it’s repeatedly attacking people or livestock). (New Zealand Legislation)
- In extreme situations where a dog is an immediate threat (e.g., attacking stock or people and cannot be otherwise controlled) — then an authorised person (including a dog control officer or owner of stock) may destroy a dog on the spot to stop the threat. (New Zealand Legislation)
So, the council does have the legal power to destroy a dog under certain conditions, but they won’t just put your lab down simply because it wanders onto neighbour’s farm — unless it’s assessed as dangerous and a court orders it. The usual consequence first would be fines, impoundments, and notices. (New Zealand Legislation)
🚜 3. Can your neighbour kill (shoot) your dog if it’s on their land?
If your dog is merely trespassing but not attacking or threatening livestock or people:
❌ No — your neighbour generally cannot shoot your dog just because it strays if it is peaceful and not actively attacking their animals.
**However, if your dog is running among stock, threatening, chasing, injuring or worrying livestock:
✔ The Dog Control Act 1996 section 60 says the owner of stock (or their employee/agent) may seize or destroy a dog running at large among their stock or poultry. (New Zealand Legislation)
In practice, that means:
- If your dog is actively chasing, worrying, or attacking livestock, your neighbour is legally entitled to kill the dog to protect the stock. (New Zealand Legislation)
- If your dog is just wandering with no sign of aggression or harm to livestock, the neighbour does not have an automatic right to shoot it — although tensions can understandably run high.
🧑🌾 4. Your trespass situation
You mentioned:
- You were served a Trespass Notice, so you cannot legally go onto the neighbour’s property to get your dog.
- Your son has been retrieving the dog under the neighbour’s permission.
A trespass notice only restricts you — it doesn’t stop the neighbour from returning the dog to you if they choose to.
Important: The council’s involvement (fines) is separate from your trespass relationship with the neighbour. You may want to talk to a local rural solicitor if the trespass issue is affecting daily life.
🧠 5. What to do going forward
To avoid fines and risk to your dog:
✅ Secure your property so the dog can’t roam — good fencing, gates, training.
✅ Work with your neighbour if possible — maybe a shared boundary solution.
✅ Contact the council’s dog control team to discuss a dog control plan (like an improvement notice / condition).
✅ Consider muzzling or supervised exercise if free roaming can’t be fully prevented.
✅ If your dog has harassed livestock, consider training specifically to stop the behaviour (important for rural dogs).
📍 Summary
| Situation | Legal Position |
|---|---|
| Dog wanders onto neighbour’s farm | Council can fine; dog can be impounded. (Southland District Council) |
| Council destroying your dog just for wandering | Unlikely — only via court order or immediate danger scenario. (New Zealand Legislation) |
| Neighbour shooting your dog | Only lawful if the dog is attacking/worrying livestock. (New Zealand Legislation) |
| Dog impounded by council | Council can seize and hold your dog until fees/fines met. (Southland District Council) |
Note: This isn’t legal advice — but it reflects the Dog Control Act 1996 and common practice in NZ. If the issue continues or escalates, speaking with a rural lawyer in Southland or contacting an agricultural advocate organisation can clarify your rights and obligations.
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