Submission to the Government during its
Review of the Dog Control Act 2000

TOPIC: Barking - Dog Control Act or EMPCA?

Traditionally, barking has always been a part of every Dog Control Act and
councils as the main enforcement body have Animal Control Officers (ACOs)
usually quite experienced in the management of this particular animal and who have ready
access to pounds to contain them as required.

However the Environmental Management and Pollution Control Act (1994) deals
with noise pollution in general and it includes penalties for offenders generating noise from
sources other than dogs.

The Dog Control Act has precedence (“head of powers”) in barking matters and these do not
currently come within the scope of the EMPCA.

However because noise pollution is noise pollution (howsoever caused) some feel that all dog
noise should therefore be uplifted from the DCA and lobbed into the EMPCA.

The noise offences mostly dealt with by DPIWE, such as that from engines,
are usually generated mechanically, whereas barking is generated by a living creature. This is a
fundamental difference in origin and fundamentally different knowledge, skills and resources are
required to deal with each.


1. That barking be retained within Dog Control Acts.