Dog Walking Agreement (New Zealand)

Under the Dog Control Act 1996, a dog owner in New Zealand is strictly liable for any injury caused by their dog biting or attacking a person or animal, regardless of whether the owner was present at the time or whether they were aware of any tendency of the dog to bite. This means that even if a professional dog walker is walking the dog at the time of a bite, the dog owner may be primarily liable for the injuries. However, a dog walker who is negligent — for example, by allowing an aggressive dog to approach strangers, failing to keep the dog on a lead in an area where it is required, or mishandling the dog — may also face civil liability under the law of negligence. The dog walking agreement should include a clause allocating liability between the owner and the walker, including a requirement for the dog owner to disclose any known behavioural issues, prior biting incidents, or anxiety triggers. Personal injury in New Zealand is covered by the Accident Compensation Corporation (ACC) no-fault scheme, so injured parties generally cannot sue for personal injury. However, property damage and consequential losses can still be the subject of civil claims.

Under the Dog Control Act 1996 and bylaws made by territorial authorities (councils), dogs must be kept under control at all times in public places. Each council in New Zealand can designate dog exercise areas where dogs may be let off lead, and other areas where dogs must be kept on a lead at all times (such as playgrounds, school grounds, and some parks and beaches). A dog that is not under control — for example, a dog that is allowed to roam off lead in a non-designated area or that strays away from the dog walker — can be seized by a dog control officer. The dog walker is in charge of the dog during a walk and must requires the dog is kept under effective control. If the dog is a dangerous dog or a menacing dog (classification under the Dog Control Act 1996), additional restrictions apply, including mandatory muzzling and leashing in public. The dog walking agreement should specify whether dogs will be walked on lead at all times, and if off-lead exercise is offered, which designated exercise areas will be used.

A thorough New Zealand dog walking agreement should include the following key terms. Dog details: the dog's name, breed, age, sex, colour, and registration number under the Dog Control Act 1996. Temperament and medical history: any known behavioural issues (aggression, anxiety, reactivity), medical conditions affecting exercise, medications, and whether the dog is up to date with vaccinations, flea, and worm treatment. Service details: the days and times of walks, walk duration, pickup and drop-off location, and whether the dog will be walked individually or in a group. On-lead policy: whether the dog will be walked on lead at all times or whether off-lead exercise in designated areas is permitted. Emergency authorisation: the owner's authorisation for the dog walker to seek emergency veterinary treatment if the dog is injured or becomes unwell during a walk, and confirmation of which veterinary practice to use. Liability: allocation of responsibility for damage or injury caused by the dog, and the owner's obligation to disclose known behavioural issues. Payment: the fee per walk or weekly rate, invoicing frequency, and what constitutes a chargeable walk (for example, if the walker attends but the dog is unwell). Cancellation policy: notice required to cancel a scheduled walk and any cancellation fee.

Yes, a professional dog walker in New Zealand should hold public liability insurance to cover their potential legal liability if a dog in their care causes damage to property or injures another person or animal. Although personal injury in New Zealand is covered by the ACC no-fault scheme (preventing civil lawsuits for personal injury), a dog may cause property damage (for example, damaging a neighbour's garden or injuring livestock) for which the dog walker could be held liable if they were negligent. Property damage claims are not covered by ACC. Public liability insurance for pet care businesses in New Zealand typically covers legal liability for property damage and legal defence costs arising from incidents occurring during the provision of services. Some insurers also offer 'care, custody, and control' extensions to public liability policies to cover damage to clients' animals while in the care of the business. Dog walkers should also consider whether they need professional indemnity insurance if they offer pet care advice or behaviour consultation. Dog owners should ask to see a certificate of insurance before engaging a dog walker.

A Dog Walking Agreement (New Zealand) does not legally require a lawyer in New Zealand, and individuals and businesses may draft and execute the document independently. The Contract and Commercial Law Act 2017 does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified New Zealand lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The High Court of New Zealand has jurisdiction over disputes arising from this type of document, and Companies Office may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.