A man complained that when he registered his dog, the Council asked for his date of birth. He asked whether the Council had any authority to collect this information. I was able to tell him that it did. He was also concerned about who could be given the information. That question is regulated by statute.

Territorial authorities are obliged to keep a register of dogs under the Dog Control Act 1996. Section 34 provides that the register must contain the name, date of birth, and address of the dog owner.

Section 35 of the Dog Control Act regulates the release of information from the dog register. There is a presumption in favour of non-disclosure. Except in certain limited circumstances, territorial authorities may not disclose information in the register which identifies, or would assist anyone to identify, the name and address of a dog owner, or the address at which a dog is ordinarily kept.

Certain people may request and be given details from the register. They are:
- the Police;
- officers of the Department of Conservation;
- territorial authorities;
- societies established for the prevention of cruelty to animals or for animal welfare purposes;
- inspectors under the Animals Protection Act 1960;
- registered veterinary surgeons; and
- inspectors under the Biosecurity Act 1993.

Any other person may request the name and address of a dog owner, but not the owner's date of birth. Applications must be made on a specified form and for specific purposes, such as alleging offences against the Animals Protection Act, claiming compensation for damage to property by a dog, or returning a dog to its owner.

Section 7 of the Privacy Act provides that an action will not breach the information privacy principles if it is authorised or required by law. In this case, the collection of the man's date of birth was required by law, so it did not breach the Privacy Act. If the Council had released information in accordance with section 35 of the Dog Control Act, that would not breach the information privacy principles.

I discontinued my investigation on this basis.

Indexing terms: Collecting personal information - Local authority - Dog registration - Future release of information from dog register - Dog Control Act 1996, ss 34 and 35 - Privacy Act 1993, s 7

June 2001