Proposed regulation on the prolonged confinement of dogs

The Animal Welfare Act 1999 is the principal legislation on animal welfare in New Zealand. It requires owners and people responsible for animals to ensure that the animals' physical, health, and behavioural needs are met and that appropriate treatment is provided for any ill or injured animals under their care. Information on how people can meet the requirements of the act is contained in the codes of welfare. 

The Code of Welfare: Dogs sets minimum standards and recommended best practices for the care and management of dogs, relevant to the confinement of dogs. These include requirements that dogs must not be contained in a manner that causes injury or distress (minimum standard 4a) and must receive sufficient daily exercise to maintain their health and wellbeing (minimum standard 13a). While failure to comply with a minimum standard may be used as evidence when prosecuting a person for an offence under the act, the standards themselves are not directly enforceable. 

The Animal Welfare (Care and Procedures) Regulations 2018 do not currently include specific requirements relating to the prolonged confinement of dogs. Existing regulations address the shelter, water and sanitation needs of dogs in these situations, while 2 new regulations relating to the prolonged tethering of dogs were introduced in 2025. 

Minimum standards in the code of welfare can currently be used to support a prosecution for an offence under the Animal Welfare Act. For example, that could happen if a dog was contained in a way where they were injured or in distress. 

Regulations are directly enforceable and set out detailed rules and penalties for specific circumstances. The proposed regulation would mean owners, or people in charge, of dogs could be found to have committed an infringement offence if they have confined a dog and 2 or more indicators of prolonged confinement can be identified.  

MPI worked with The Society for the Prevention of Cruelty to Animals Incorporated (SPCA) and other relevant stakeholders to develop the draft regulation, aimed at improving animal welfare outcomes for dogs by providing a clear, enforceable framework for addressing cases of prolonged confinement that causes unreasonable or unnecessary pain or distress. 

The proposed regulation would create an infringement offence for the owner (or a person in charge) of a dog that is confined and 2 or more indicators of prolonged confinement are present, with an infringement fee of $500.

1) The owner of, and every person in charge of, a dog must not confine a dog if two or more signs of prolonged confinement are evident:

• an accumulation of faeces or a strong smell of ammonia within the enclosed space;
• excessive destruction of the enclosure or objects within the enclosed space (e.g. bedding, shelter, food/water containers etc);
• a cage or other enclosure that is locked or cannot be released without the use of a tool (e.g. requires cutting or use of a tool to open);
• the dog has an injury (such as a pressure sore, fur loss or skin abrasion) that is:
  • caused by prolonged contact with the enclosure; or
  • otherwise the result of the dog being confined;
• muscle wastage and overgrown nails;
• fly bite dermatitis;
• the dog displays signs of excessive frustration (such as excessive barking, circling, over-grooming, or self-mutilation).

(2) However, subclause (1) does not apply if a dog is confined under constant supervision to prevent injury to any human or animal during veterinary treatment or handling.