DOG CONTROL ACT 1996
HUMAN RIGHTS ACT 1993

Table of Contents

Relationships With Guide Dogs and Their Controllers

The following are extracts from statutory enactments regulating the relationships between vision impaired persons and the rest of the community and the use of guide dogs.

This statute is similar to The provisions of the Americans With Disabilities Act of 1990. Not only does it set fourth a blind person's right to enter public establishments in New Zealand, but it also sets forth the responsibilities of both the guide dog user, and the owner/proprietor of the establishment such guide dog users choos to enter accompanied by their guide dogs.

Dog Control Act 1996

"75. Guide Dogs and Companion Dogs- Notwithstanding anything in any Act or regulations or bylaw prohibiting or regulating the entry or presence of dogs any guide dog or companion dog accompanying a blind or partially sighted person or a person with any other disability or any person bona fide in training the guide dog or companion dog may enter and remain-

(a) In any premises registered under regulations made pursuant to section 120 of the health Act 1956; or

(b) Any public place,- subject to compliance with any reasonable condition imposed by the occupier or person having control of the premises or public place as the case may be."

"2 Interpretation-

"Guide dog" means a dog certified by the Royal New Zealand Foundation for the Blind as being a guide dog or a dog under training as a guide dog

Public Place

(a) means a place that, at any material time, is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and

(b) includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward:"

NB While there is no penalty provision in the Dog Control Act for breach of the above, section 107 Crimes Act 1960 provides that unless some penalty or punishment is expressly provided by law-

"Everyone is liable to imprisonment for a term not exceeding one year who, without lawful excuse, contravenes any enactment by wilfully doing any act which it forbids, or by wilfully omitting to do any act which it requires to done

,Human Rights Act 1993

For the purposes of this Act, the prohibited grounds for communication are-


(a) …….. (g) (h) Disability which means- (i) Physical disability or impairment:
(ii) Physical illness:
(iii) Psychiatric illness:
(iv) Intellectual or psychological disability of impairment:
(v) Any other loss or abnormality of psychological, physiological or anatomical structure or function:
(vi) Reliance on a guide dog:
…

42 Access to Public Places and Facilities

(1) It shall be unlawful for any person to refuse to allow any other person access to or use of any place or vehicle which members of the public are entitled or allowed to enter or use; or

(b) to refuse any other person the use of any facilities in that place or vehicle which are available to members of the public; or

(c) To require any other person to leave or cease to use that place or vehicle or those facilities,- by reason of any of the prohibited grounds for discrimination

(2) In this section the term "vehicle" includes a vessel, an aircraft, or a hovercraft.

134. Access by the Public to Places and Facilities

(1) Every person commits an offence who … is in breach of any of the provisions of (section 42).

(2) Every person who commits an offence against this section is liable on summary conviction to a fine not exceeding $3,000.00.

You can download this document in ASCII Text Format by selecting the link below:
Download this document as an ASCII Text File

NAGDU Web Site Links

National Federation of the Blind	The National Federation of the Blind World-Wide Web Site
NFB Net	The NFB Net World-Wide Web Site
Harness Up	Harness Up: The Newsletter of the National Association of Guide Dog Users, (NAGDU.)
Guide Dog Access Legislation	A World-Wide compilation of guide dog access legislation.
Guide Dog Web Site Links	Links to sites of interest to guide dog users.
Join the NAGDU Discussion Group	NAGDU's forum for discussing guide dog-related issues.
Membership Information How to become a member of NAGDU
The NAGDU Mentoring Program
Contact the NAGDU President
NAGDU Division Officers	A list of the current NAGDU Board of Directors and their contact information.
NAGDU Web Site Help	Get help with searching the NAGDU Web Site and locating the information you're seeking.
Contact the NAGDU Webmaster
Sign the NAGDU Guestbook
Return to the NAGDU Home Page

This Page was Last modified on: