Disability Assist Dogs in NZ Rentals: What Landlords Need to Know

Assist Dogs Are Not Pets Under the Act

This catches landlords off guard more than almost anything else in the pet consent framework. Under Section 2(1) of the Residential Tenancies Act 1986, a disability assist dog — certified under Schedule 5 of the Dog Control Act 1996 — is explicitly excluded from the legal definition of a "pet."

That means the entire pet consent process does not apply. No formal pet request, no 21-day response window, no consent conditions, and no pet bond. The tenant simply has the right to have their assist dog in the property.

What Qualifies as a Disability Assist Dog

The Dog Control Act 1996 defines a disability assist dog as one certified by an organisation listed in Schedule 5 as trained (or being trained) to assist a person with a disability. Examples include:

• Guide dogs for people with vision impairment
• Hearing ear dogs for people who are deaf or hearing-impaired
• Mobility assistance dogs for people with physical disabilities
• Seizure-assist dogs certified by the New Zealand Epilepsy Assist Dogs Trust
• Other dogs certified by an approved organisation to assist a person with a disability

A tenant's personal claim that their dog provides emotional support does not by itself establish that the dog qualifies for the statutory exclusion; it must meet the certification definition above.

What You Cannot Do

If a tenant has a certified disability assist dog:

You cannot refuse the dog under the pet-consent rules. Section 2(1) excludes a certified disability assist dog from the definition of a "pet," so the Sections 42C–42G consent process does not apply.

You cannot charge a pet bond. Section 18AA(5) makes it an unlawful act to demand a pet bond for a disability assist dog. The dog is not a pet under the Act, so the pet bond framework does not apply.

You cannot require a pet consent request. Since the dog falls outside the definition of "pet," the Sections 42C–42G consent process does not apply.

You cannot attach pet consent conditions. No flea treatment clauses, no containment requirements, no professional cleaning obligations tied to the dog's status as a pet — because it is not one. Standard tenancy obligations around property care still apply to the tenant generally, but you cannot impose conditions specific to the assist dog that you would not impose on a tenant without one.

What You Should Do

The law is clear on what you cannot do. Here is what makes practical sense:

Acknowledge the notice. When a tenant tells you they have a certified assist dog, acknowledge it in writing. A brief reply confirming you understand the dog is a disability assist dog under the Act keeps your records clean.

Update your property records. Note the dog in your tenancy file. If you're lodging a bond, the general bond stands — no pet bond component.

Ask for certification if you're uncertain. You can reasonably ask the tenant to confirm that the dog is certified under Schedule 5 of the Dog Control Act. What you cannot do is refuse in the meantime or treat the request as a pet consent application.

Maintain standard property inspections. Your Section 48 inspection rights (once every four weeks, 48 hours' notice) remain exactly the same. Document property condition as you would with any tenancy.

Damage Liability Still Exists

A disability assist dog's exclusion from the pet consent framework does not mean the tenant has zero liability for damage. General tenant obligations under Section 40 of the RTA still apply — the tenant must not intentionally or carelessly damage the property. If a tenant is liable under those rules for damage caused by an assist dog, you can seek recovery from the general bond or through the Tenancy Tribunal. For careless damage, liability is capped at the lesser of the landlord's insurance excess or four weeks' rent.

The difference is that the uncapped pet damage liability under Section 49B does not apply, because that section applies to damage caused by a "pet" and a disability assist dog is not one.

The Practical Takeaway

Most landlords encounter a disability assist dog once or twice across years of letting. The interaction should be straightforward: the tenant notifies you, you acknowledge it, and the tenancy proceeds with standard inspections and standard bond arrangements. No pet consent forms, no pet bond, no conditions.

For the full pet consent framework that does apply to other animals — the 21-day deadline, lawful refusal grounds, pet bond lodgement, and the compliance templates — the Pets in Rentals NZ guide covers the complete process.

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